[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Lyndhurst in accordance
with the provisions of an act of the Legislature of the State of New
Jersey entitled An Act Concerning Alcoholic Beverages, comprising
Chapter 436 of the Laws of 1933, its supplements and amendments, and
also comprising N.J.R.S. 33:1-1 et seq., and in accordance with the
rules and regulations of the State Director of Alcoholic Beverage
Control.
[New]
For the purpose of this chapter, words and phrases herein shall
have the same meanings as in R.S. 33:1-1 et seq., and the rules and
regulations of the Director of the Division of Alcoholic Beverage
Control.
[New]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[New]
All licenses required by this chapter shall be issued by the
board of commissioners, which shall also administer the provisions
of this chapter.
[New]
No person shall sell or distribute alcoholic beverages within the township without obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this chapter.
[Ord. #1424, § 3; Ord. # 1763, § 1; Ord.
#1869, § 1; Ord. #2411, § I; Ord. #2499, § I;
Ord. #2850-12]
The annual fees of licenses for the sale or distribution of
alcoholic beverages in the township shall be as follows:
|
Class of Licenses
|
Annual License Fee
|
|---|---|
|
Plenary Retail Consumption License
|
$1,036
|
|
Plenary Retail Distribution License
|
$777
|
|
Club License
|
$150
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
[Ord. # 1424, § 3; Ord. #1811 § 1; Ord.
#2871-12; Ord. #2877-12]
a.
No alcoholic beverage shall be sold for consumption on the licensed
premises between the hours of 2:00 a.m. and 7:00 a.m. except Sundays
and New Year's Day and as hereinafter provided.
b.
No alcoholic beverage shall be sold or delivered for consumption
off the licensed premises on any day between the hours of 10:00 a.m.
and 7:00 a.m. except Sundays and New Year's Day and as hereinafter
provided.
[Ord. #1424, § 3; Ord. #1811, § 2; Ord.
#2871-12; Ord. #2877-12]
a.
No alcoholic
beverage shall be sold or delivered for consumption off the licensed
premises before 12:00 noon nor after 10:00 p.m., except as hereinafter
provided.
b.
Whenever Christmas Eve (December 24) and New Year's Eve (December
31) fall on a Sunday, alcoholic beverages may be sold or delivered
for consumption off the licensed premises between the hours of 9:00
a.m. and 10:00 p.m.
[Added 12-20-2017 by Ord.
No. 2983-17]
[Ord. # 1424, § 3; Ord. #1811, § 1; Ord.
#2871-12; Ord. #2877-12]
a.
No alcoholic beverage shall be sold or delivered for consumption
on the licensed premises between the hours of 5:00 a.m. and 7:00 a.m.,
unless January 1 is a Sunday, in which case, alcoholic beverages shall
not be sold for consumption on the licensed premises between the hours
of 5:00 a.m. and 12:00 noon.
b.
No alcoholic beverage shall be sold or delivered for consumption
off the licensed premises between the hours of 5:00 a.m. and 7:00
a.m., unless January 1 is a Sunday in which case alcoholic beverages
shall not be sold or delivered for consumption off the licensed premises
before 12:00 noon nor after 10:00 p.m., except as hereinafter provided.
[New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any habitual drunkard,
intoxicated person or minor, or permit the consumption of alcoholic
beverages on any licensed premises by any of the above named classes
or persons, or permit any such persons to congregate in or about the
licensed premises.
[New; Ord. No. 2349, § I]
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises shall also be closed, with the exception
of hotels, delicatessens, diners and restaurants, and no person shall
be admitted or permitted to remain therein except the licensee or
bona fide employees of the licensee.
[Ord. #1424, § 3]
A license shall be for the term of one year from the first day
of July in each year. Every application for a license shall be accompanied
by the deposit of the full amount of the properly prorated annual
fee for such license.
[Ord. #1424, § 3]
a.
No license of any class shall be issued to any person who has been
convicted of a crime involving moral turpitude.
b.
Every licensee and every agent, bartender or waiter connected with
or employed by any licensee shall make full and complete answers under
oath in writing on form furnished by the department of public safety
to all questions printed on such blanks which shall be for the purpose
of procuring information and data relating to or concerning the location,
housing and situation of any premises licensed under the act and intended
for use in the sale or dispensing of alcoholic beverages and of information
or data relating to or concerning the identity, character, antecedents
and general experience of any person, or person connected with or
employed by any licensee.
c.
Upon notification by the township clerk to any person, firm or corporation,
that his, their or its application for a license under and by virtue
of the act above referred to has been approved, before the license
is granted, the licensee and every agent, bartender or waiter connected
with or employed by or to be connected with or employed by the licensee
shall submit to the taking by the department of public safety of an
impression of the thumb and fingertips of both hands. At the time
of the taking of fingerprints, the licensee and every agent, bartender
or waiter connected with or employed by the licensee or to be connected
with or employed by the licensee shall furnish to the department of
public safety a photograph in triplicate of himself. This photograph
shall be of a size two inches by two inches shall be satisfactory
to the department, and shall have been taken within one year from
the date when the photograph is submitted.
[Ord. #1424, § 3; Ord. #2007, § I]
a.
No licensee shall have in his employ anyone under the age of 18 years,
provided, however, that persons failing to qualify as to age may,
with the approval of the state commissioner, be employed by any licensee,
but the employee shall not in any manner whatsoever sell or solicit
the sale of any alcoholic beverages.
b.
No sale shall be made of any distilled, fortified, rectified or blended
alcoholic beverages for consumption off the licensed premises except
in bottles or other receptacles which are properly sealed and have
affixed thereto all necessary federal and state stamps, and comply
with the standards of fill required by the state rules and regulations.
c.
No license shall be granted to any applicant unless the premises
desired to be licensed shall have been inspected and approved by the
department of public safety. If the applicant fails to abide by any
directions for a change in the premises about to be licensed, the
application of the applicant shall be denied. If, after the granting
of any application, and the issuance of a license, the premises shall
be altered or changed in any way contrary to the direction of the
department of public safety, the license of the licensee may, after
hearing, be revoked.
d.
All mixed or concocted drinks to be consumed on the premises of any
licensee shall be prepared, mixed or concocted in full view of the
purchasers, whether the same are served at the public bar or at tables.
e.
No licensee shall sell any alcoholic beverages of any kind to any
person under the age of 21 years, or to any person actually or apparently
intoxicated.
f.
The department of public safety shall furnish to the licensee and
to every agent, bartender or waiter connected with or employed by
the licensee an identification card showing compliance with the provisions
of this resolution which shall be on file on the premises of the licensee
so that it can be exhibited upon demand at any time. The identification
shall expire one year from the date of issuance, at which time new
photographs shall be submitted if requested by the department of public
safety.
g.
No licensee shall engage any agent, bartender, waiter or other employee
in connection with the business of the licensee until or unless the
agent, bartender, waiter or other employee has conformed to the rules
and regulations above set forth.
h.
Every agent, bartender or waiter shall forthwith notify the department
of public safety, of any change in employment, and any licensee employing
any agent, bartender or waiter who is the holder of an identification
card, from the department of public safety, shall forthwith report
to the department, the employment of any such agent, bartender or
waiter.
[Ord. # 2877-12]
a.
Notwithstanding the provisions of this section hereinabove, no wine
and malt alcoholic beverages shall be sold or delivered for consumption
off the licensed premises on any day between the hours of 11:00 p.m.
and 7:00 a.m., except Sundays and New Year's Day as hereinafter
provided.
b.
Notwithstanding the provisions of this section hereinabove, no wine
and malt alcoholic beverages shall be sold or delivered for consumption
off the licensed premises on Sundays before 12:00 noon nor after 11:00
p.m.
c.
Notwithstanding the provisions of this section hereinabove, if New
Year's Day is a Sunday, wine and malt alcoholic beverages shall
not be sold or delivered for consumption off the licensed premises
before 12:00 noon nor after 11:00 p.m.
[New; Ord. #2007, § II]
No licensee shall sell or serve any alcoholic beverages to any
person under the age of 21 years of age.
[Ord. #1424, § 3; New]
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provision
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance
with the provisions of R.S. 33:1-31 by a service of a five day notice
of charges preferred against the licensee and affording a reasonable
opportunity for a hearing.
Suspension or revocation of a license shall be in addition to
any other penalty which may be imposed for a violation of this chapter.
a.
If
any container, filled, partly filled, or empty, shall be found upon
the licensed premises of any licensee without all lawful and proper
stamps attached thereto or with forged, or counterfeit or any unlawful
stamps or if such stamps whether attached to any container or not
shall be found upon such licensed premises, then and in either of
such events the license of the licensee shall be revoked after hearing.
b.
If
any gambling device, lottery or number slip is found in or about any
licensed premises or on or about the person of any licensee, agent,
bartender or waiter of the licensee, then, in such event, the license
of the licensee may be revoked after hearing, as hereinafter provided
for.
Such suspension or revocation shall apply to the licensee and
may apply to the licensed premises. Any revocation shall render the
licensee ineligible to receive any other license under these rules
and regulations for a period of two years from the effective date
thereof and may in the discretion of the board of commissioners render
the licensed premises ineligible to become a subject for any future
license under these rules and regulations during the period of two
years.
[Ord. #1424, § 3]
All licenses issued under these rules shall be subject to the
right hereby reserved by the board of commissioners to change, alter,
amend or repeal the same at any time.
[Ord. #2119; Ord. #2509, § I]
No persons under the age of 21 shall enter any premises licensed
for the plenary sale of alcoholic beverages unless accompanied by
his or her parent or guardian. This shall not apply to minors who
are guests at bona fide hotels, motels or restaurants, or who enter
a licensed premises where food is sold, for the purpose of purchasing
food, or who are required to enter a licensed premises in the course
of their business or occupation.
[1]
Editor's Note: Former subsection 6-8.2, Conditions Permitting
Entry of Minor, previously codified herein and containing portions
of Ordinance No. 2119 was repealed in its entirety by Ordinance No.
2509.
