Township of East Brunswick, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of East Brunswick 2-19-36 and as Ch. V of the Revised General Ordinances. Section 45-9A and 45-10A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter is enacted under the authority granted by N.J.R.S. 33:1-1 to 33:1-96, also known as "Chapter 436 of the Laws of 1933," as supplemented and amended. The purposes of this chapter are to render effective the provisions of the Act cited, the rules and regulations issued by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey and other applicable laws of the State of New Jersey and the United States of America.
For the purposes of this chapter, words and phrases herein shall have the same meanings as they have in N.J.R.S. 33:1-1 to 33:1-96 and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
The Township Council is designated as the authority which shall issue all licenses and otherwise administer the provisions of this chapter.
A. 
Proof of publication. Proof of publication of a notice of an application for a license or a renewal or transfer of license shall be in the form prescribed by state rules and regulations and shall be filed with the Township Clerk immediately after the second publication of the notice.
B. 
License term. All licenses shall be for a term of one (1) year from the first day of July in each year, and all fees shall be paid in advance, upon presentation of the application. Any licensee who voluntarily surrenders his license and who has not committed any violation of this chapter or of any state law or rule or regulation and who has paid all taxes and other charges that are due to the State of New Jersey or to the Township of East Brunswick shall be entitled to fifty percent (50%) of the prorated fee for the unexpired term.
[Amended 9-13-65 by Ord. No. 65-30; 6-9-69 by Ord. No. R69-136; 7-12-71 by Ord. No. 71-136-A; 11-24-75 by Ord. No. 75-136-C; 1-24-77 by Ord. No. 77-1-VV; 10-15-03 by Ord. No. 03-32]
A. 
The classes of licenses, annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Township of East Brunswick shall be as follows
[Amended 8-21-78 by Ord. No. 78-43; 9-28-82 by Ord. No. 82-472;10-15-03 by Ord. No. 03-32]:
Class of License
Year Commencing July 1
Annual License Fee
Number of Licenses
Plenary retail consumption license
1978
$720.00
18
1979
$864.00
1980
$1,036.00
1981
$1,243.00
1982
$1,490.00
1983
$1,785.00
1984
$2,000.00
2003
$2,400.00
17
2004
$2,500.00
Plenary retail distribution license
1978
$516.00
5
1979
$619.00
1980
$742.00
1981
$890.00
1982
$1,068.00
1983
$1,281.00
1984
$1,537.00
1985
$1,844.00
1986
$2,000.00
2003
$2,400.00
2004
$2,500.00
Club license
1978
$180.00
1979
$150.00
2003
$125.00
B. 
The provisions of this section with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
[Added 9-13-65 by Ord. No. 65-30; amended 7-12-71 by Ord. No. 71-136A]
The limitation on the number of licenses set forth in § 45-5 shall not prevent the issuing of a plenary retail consumption license to a person operating a hotel or motel containing one hundred (100) sleeping rooms or more under the following conditions:
A. 
With each original application or application for a transfer of a license issued under this section, the applicant shall furnish the Township Council with seven (7) detailed sketches of the hotel of sufficient size to plainly show the designated sleeping rooms, the size of each room, entrances, exits, fire precautionary devices and the location and designation of all other rooms in the hotel. Each sketch shall be certified by a licensed architect.
B. 
The sleeping-room areas shall strictly conform to the requirements of all applicable ordinances of the Township of East Brunswick and laws of the State of New Jersey.
C. 
A license issued pursuant to the provisions of this section shall not be transferred except to another hotel or motel containing one hundred (100) sleeping rooms or more.
[Amended 9-26-05 by Ord. No. 05-31]
A. 
Restrictions. No plenary retail consumption license or plenary retail distribution license shall be issued, or a place-to-place transfer of an existing license granted, for the sale of alcoholic beverages upon premises which are within seven hundred fifty (750) feet of any existing premises licensed for the sale of alcoholic beverages under another plenary retail consumption or plenary retail distribution license, the distance being measured from the nearest entrance of the nearest licensed premises to the nearest entrance of the premises sought to be licensed in the normal way that a pedestrian would properly walk, as provided in N.J.R.S. 33:1-76.
B. 
Exceptions. Subsection A shall not apply in the following cases:
(1) 
The renewal or person-to-person transfer of any plenary retail consumption license or plenary retail distribution license which is in existence at the time of the adoption of this chapter.
(2) 
The transfer of a license to another place within five hundred (500) feet, measured in the manner provided in Subsection A, of the premises for which the license was granted where the licensee has been forced to vacate the licensed premises for any reason not under his/her control which could not have been foreseen when the license was granted. Once a transfer is granted under this section, future transfers of the same license shall be only to a place within five hundred (500) feet of the premises initially licensed and vacated. Place-to-place transfers under the provisions of this subsection are not a matter of right, but shall be granted only in the discretion of the Township Council.
[Amended 9-26-05 by Ord. No. 05-29]
(3) 
A licensee who has been permitted to relocate within seven hundred fifty (750) feet of another licensed premises in accordance with Subsection B(2) shall have the same right to expand or enlarge the premises covered by his/her license as he/her would had he/she remained at the premises initially licensed and vacated.
[Amended 9-26-05 by Ord. No. 05-31]
(4) 
The issuance, transfer or renewal of any license in the following zone districts: HC-2 (General Highway Commercial District), HC-3 (Highway Commercial Shopping Center District), and MXD (Mixed Use District).
[Added 9-26-05 by Ord. No. 05-31]
A. 
In general. No alcoholic beverages shall be sold, served, delivered or consumed on any licensed premises between the hours of 2:00 a.m. and 10:00 a.m. on Sundays, and between the hours of 2:00 a.m. and 7:00 a.m. on other days.
[Amended 3-11-74 by Ord. No. 74-136-B; 5-22-17 by Ord. No. 17-24]
B. 
New Year's Day. The provisions of Subsection A shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered and consumed at any time, except when January 1 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered or consumed on a licensed premises between the hours of 5:00 a.m. and 1:00 p.m.
C. 
Christmas Eve. The provisions of Subsection A shall not apply on December 24. On that day no alcoholic beverages may be sold, served, delivered and consumed between the hours of 2:00 a.m. and 7:00 a.m., except when December 24 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered or consumed on a licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
[Added 5-22-17 by Ord. No. 17-24]
D. 
Closing of premises. During the hours that sales are prohibited by this section, the entire licensed premises shall be closed to all persons other than owners of the business and their employees. This provision shall not apply to any premises licensed under a club license or to any licensed premises where a restaurant, market, hotel or bowling alley is conducted. The foregoing places may remain open during the prohibited hours in order to carry on normal business activities, except the sale of alcoholic beverages. If the premises remains open, however, the bar and any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed, and no person other than an employee or owner of the business shall either be behind the bar or seated or standing next to the bar.
[Amended 2-10-86 by Ord. No. 86-729]
A. 
Presence.
Editor's note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(1) 
No person under the age prescribed by law or state regulation for the purchasing of alcoholic beverages shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
(2) 
No plenary retail consumption or club license shall permit a person under the age prescribed by law or state regulation for the purchasing of alcoholic beverages in or upon the premises where alcoholic beverages are sold or served.
(3) 
This subject shall not apply to persons under the age prescribed by law or state regulation for the purchasing of alcoholic beverages employed under permit issued by the State Director of Alcoholic Beverage Control.
B. 
Notice. All licensees operating premises where alcoholic beverages are sold or served for consumption on the premises shall have permanently displayed within clear view of each entrance to the room in which alcoholic beverages are served a sign, with letters large enough to be easily read by anyone entering the premises, stating "No minors permitted in barroom unaccompanied by parent or guardian...maximum penalty five hundred dollars ($500) or ninety (90) days".
[Amended 4-25-94 by Ord. No. 94-29]
A. 
Sales to certain persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any mental defective, habitual drunkard, intoxicated person or person under the age prescribed by law or state regulation for the purchasing of alcoholic beverages, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above named classes of persons, nor permit any such persons to congregate in or about the licensed premises.
Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.
B. 
Sales on credit. No sales of alcoholic beverages for consumption on the licensed premises shall be made on credit. This subsection shall not apply to persons holding a club license.
C. 
Access to premises. No person shall be served alcoholic beverages in any room which is not open to the public, except that hotel guests may be served in their rooms or in private dining rooms. This subsection shall not apply to club licenses.
D. 
Other business.
[Deleted 4-25-94 by Ord. No. 94-29]
E. 
Outside view of premises. All licensed premises, other than those for which club licenses are issued, shall be so located that a normal-sized adult can, on inspection from the exterior, view the interior of the premises.
A. 
Enforcement authority. This chapter shall be enforced by the Department of Public Safety of the Township of East Brunswick. This subsection shall not be construed as affecting the enforcement powers of the New Jersey State Director of Alcoholic Beverage Control.
B. 
Revocation of license. Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter of any provision of any applicable statute or any of the rules and regulations of the State Director of Alcoholic Beverage Control. Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.R.S. 33:1-1 to 33:1-96, by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the statutes referred to. Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[Added 4-16-07 by Ord. No. 07-16]
A. 
Definitions.
(1) 
GUARDIAN — A person who is qualified as a guardian of the underage person pursuant to testamentary or court appointment.
(2) 
RELATIVE — An underage person's parent, grandparent, aunt, uncle, sibling, first cousin or closer relative by blood, marriage or adoption who has attained the legal age to purchase and consume alcoholic beverages.
B. 
Violations; exceptions
Any person under the legal age to purchase and consume alcoholic beverages who, without legal authority, knowingly possesses, orders, purchases, serves or consumes alcoholic beverages or who is under the influence of alcoholic beverages within the municipality boundary of the Township of East Brunswick shall be in violation of this ordinance and subject to the penalties hereof. This section shall not apply to an underage person consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages. This section shall not apply to any underage person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey State Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, this ordinance shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-18 or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
C. 
Penalties; fines
(1) 
The fine for such an offense under this Section shall be $250.00 for a first offense and $350.00 for any subsequent offense.
(2) 
The court may further suspend or postpone for six months the driving privilege of the defendant in addition to the fine authorized for this offense. If a person at the time of the imposition of the such sentence is less than seventeen years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the defendant reaches the age of seventeen years. If a person at the time of the imposition of such sentence under this Section has a valid driver's license issued by the State, the court shall immediately collect the license and forward same to the State Motor Vehicle Commission along with the report.