For the purpose of this chapter, relevant words and phrases
herein shall have the same meanings as in N.J.S.A. 33:1-1, et seq.,
and the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
The governing body of the Township of Plumsted may, in accordance
with the provisions of N.J.S.A. 33:1-12.14 and 33:1-20, issue retail
consumption, seasonal retail consumption and retail distribution licenses.
All licenses required by this chapter shall be issued by the
governing body of the Township of Plumsted, which shall also administer
the provisions of this chapter.
No person shall sell or distribute alcoholic beverages within
the Township without having obtained a license in accordance with
N.J.S.A. 33:1-1, et seq., and the provisions of this chapter.
A.Â
Except
as otherwise permitted herein, all hotels, motels, restaurants, taverns
or stores engaged in the retail sale of alcoholic beverages for consumption
either on or off the premises shall be permitted to engage in such
sale except between the hours of 2:00 a.m. and 7:00 a.m.
B.Â
On
Sunday sales are permitted except between the hours of 3:00 a.m. and
7:00 a.m.
C.Â
On
the first day of January and on the first Tuesday following the first
Monday of September of each year, sales may be extended throughout
the day.
No delivering or serving of any alcoholic beverage shall be
made, permitted or suffered on any licensed premises during any period
when the sale of alcoholic beverages is prohibited hereby.
The hours fixed herein shall be Eastern standard time or Eastern
daylight saving time depending upon the time standard in effect in
the State of New Jersey.
Each and every license for the sale of any alcoholic beverage
shall be issued subject to statutory provisions, the rules and regulations
of the Director of the Division of Alcoholic Beverage Control and
also subject to any and all rules and regulations to be adopted by
the governing body of this municipality.
In accordance with N.J.S.A. 33:1-12, the annual license fees
for licenses in this municipality shall be and are hereby fixed as
follows:
A.Â
Plenary
retail consumption license fees: two thousand five hundred dollars
($2,500.).
B.Â
Plenary
retail distribution license: two thousand five hundred dollars ($2,500.).
C.Â
Club
licenses: one hundred fifty dollars ($150.).
[Ord. #93-03, § 1; Ord. #94-07, § 1;
Ord. #2006-09, § 1; Ord. #2010-10]
Upon conviction, after hearing, of any violation of any provision
of this chapter or any statute, rule or regulation aforesaid, any
license issued or created by this municipality may be suspended or
revoked in accordance with rules and regulations heretofore or hereafter
promulgated by the Director of the Division of Alcoholic Beverage
Control.
A.Â
New liquor licenses may be issued in accordance with the requirements
of N.J.S.A. 33:1-12.14 and in accordance with the procedures set forth
in N.J.S.A. 33:1-19.1, as well as any other statute or administrative
regulation governing the issuance of said license.
B.Â
The Township may, by resolution, authorize the issuance of plenary
retail consumption or plenary retail distribution licenses by public
sale to the highest qualified bidder pursuant to N.J.S.A. 33:1-19.3.
C.Â
The number of plenary retail licenses shall be limited to three (3).
D.Â
The number of club licenses shall be limited to three (3).
E.Â
Pursuant to N.J.S.A. 33:1-12, the holder of a plenary retail distribution
license shall not be permitted to sell alcoholic beverages in or upon
any premises in which any other mercantile business is carried on,
except for the retail sale of distillers' and vintners'
packaged holiday merchandise pre-packed as a unit with suitable glassware
as gift items to be sold only as a unit; the sale of novelty wearing
apparel identified with the name of the establishment licensed under
the provisions of this ordinance; cigars, cigarettes, packaged crackers,
chips, nuts, and similar snacks, ice, and nonalcoholic beverages as
accessory beverages to alcoholic beverages.
[Ord. #93-06, § 1]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than one thousand dollars ($1,000.) or by imprisonment
for a term not to exceed ninety (90) days, or by both such fine and
imprisonment, in the discretion of the Judge. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.