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Township of Plumsted, NJ
Ocean County
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Table of Contents
Table of Contents
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. 
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. 
On Sunday sales are permitted except between the hours of 3:00 a.m. and 7:00 a.m.
C. 
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. 
Plenary retail consumption license fees: two thousand five hundred dollars ($2,500.).
B. 
Plenary retail distribution license: two thousand five hundred dollars ($2,500.).
C. 
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. 
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. 
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. 
The number of plenary retail licenses shall be limited to three (3).
D. 
The number of club licenses shall be limited to three (3).
E. 
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.