[Ord. #78-347, S 1]
This Chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Montgomery in accordance
with the provisions of an Act of Legislature of the State of New Jersey
entitled "An Act Concerning Alcoholic Beverages" (Chapter 436 of the
Laws of 1933), its supplements and amendments, and also comprising
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, the words and phrases herein
shall have the same meaning as in R.S. 33:1-1, et seq., and the rules
and regulations of the Director of the Division of Alcoholic Beverage
Control.
[Ord. #78-347, S 3]
All applications for license, 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 of the United States.
[Ord. #78-347, S 4]
All licenses required by this Chapter shall be issued by the
Township Committee, which shall also administer the provisions of
this Chapter.
[Ord. #78-347, S 8]
No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in section 6-1 and the provisions of this Chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[Ord. #78-347, SS 10, 11; Ord. #81-416; Ord. #03-1112, S
1; Ord. #13-1450]
a.Â
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Township shall be as follows:
|
Effective Date/Class of License
|
Annual License Fees
|
|---|---|
|
Effective until June 30, 2005
| |
|
Plenary Retail Consumption License
|
$1,236
|
|
Plenary Retail Distribution License
|
$1,236
|
|
Club License
|
$180
|
|
Effective July 1, 2005
| |
|
Plenary Retail Consumption License
|
$1,483.20
|
|
Plenary Retail Distribution License
|
$1,483.20
|
|
Club License
|
$188
|
|
Effective July 1, 2006
| |
|
Plenary Retail Consumption License
|
$1,779.80
|
|
Plenary Retail Distribution License
|
$1,779.80
|
|
Club License
|
$188
|
|
Effective July 1, 2007
| |
|
Plenary Retail Consumption License
|
$2,135.75
|
|
Plenary Retail Distribution License
|
$2,135.75
|
|
Club License
|
$188
|
|
Effective June 1, 2008
| |
|
Plenary Retail Consumption License
|
$2,500
|
|
Plenary Retail Distribution License
|
$2,500
|
|
Club License
|
$188
|
b.Â
The maximum quantity of licenses for the sale and distribution of
alcoholic beverages in the Township shall be as follows:
|
Class of License
|
Number of Licenses
|
|---|---|
|
Plenary Retail Consumption License
|
7
|
|
Plenary Retail Distribution License
|
2
|
|
Club License
|
4
|
c.Â
In addition to the above, one additional plenary retail distribution
license may be issued to a person, corporation or partnership which
operates a motel or hotel containing 100 or more sleeping rooms. In
the event that an additional license is issued to such entity, that
license shall not be transferred except to a person, corporation or
partnership which operates a hotel or motel containing at least 100
sleeping rooms or the holder of a building permit for such hotel or
motel.
d.Â
The provisions of this subsection with respect to the limitation
of the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
[Ord. #78-347, S 5; New]
All licenses shall be for a term of one-year from July 1 in
each year, except those issued during that term which shall run from
the effective date thereof to June 30 following. License fees shall
be prorated on a per diem basis, from the effective date of the license
to its expiration.
[Ord. #78-347, S 6; New]
No license shall be issued under this Chapter until the premises
described in the license application have been approved by the Construction
Official, Fire Prevention Code Enforcement Officer and Health Officer
based upon the Code which apply as to each such inspector.
[Ord. #78-347, S 7; New]
The Health Officer of the Township shall, after the issuance
of any license, have the right to inspect at any time the licensed
premises for the purpose of determining whether the same are safe
and sanitary. In the event that he determines that such licensed premises
are not safe and sanitary, based upon Health Code in effect in the
Township of Montgomery, he may report the same to the Township Committee
who shall have the power to hold a hearing, in the event the licensee
requests the same and to revoke the license under such terms and conditions
as the Township Committee may deem appropriate.
[New]
No license shall be renewed where the Township Committee determines,
based upon reports from the Department of Police Services or otherwise,
that the licensee or licensees have, in the previous license year,
permitted or maintained premises where disturbances and other disorderly
conduct has habitually occurred.
[Ord. #80-404, S 1; Ord. #90-694, S 1]
a.Â
Retail Distribution Sales Hours. No licensee shall sell, deliver,
or allow, or permit the sale or delivery of any alcoholic beverage
at retail in its original container for consumption off the license
premises or allow, or permit the removal of any alcoholic beverage
in its original or opened container from retail license premises on
Sundays before 9:00 a.m. or after 10:00 p.m. or any other day of the
week, except as provided in paragraph b of this subsection.
b.Â
Retail Consumption Sales Hours. In the case of other than retail
package sales, no alcoholic beverages shall be sold, served, delivered
or consumed and no licensee shall allow or permit the sale, service
or delivery of any alcoholic beverage, directly or indirectly upon
the licensed premises between the hours of 1:30 a.m. and 7:00 a.m.
next following, on weekdays, except on January 1 of each year when
the hours during which such sales shall be prohibited are between
3:00 a.m. and 7:00 a.m. next following. On Sundays, no such sales
shall be permitted between 1:30 a.m. and 12:00 noon next following.
During the hours when sales are prohibited in this subsection, all
licensed premises shall be closed.
[Ord. #80-404, S 2]
Whenever the sale of alcoholic beverages for consumption on the premises and off the premises or either thereof is authorized by virtue of the provisions of subsection 6-4.1 of this chapter by the holder of a retail consumption or retail distribution license, the sale of malt alcoholic beverages and wine in original bottle or can containers, shall be authorized for consumption off the premises on the same days and during the same hours that the sale of alcoholic beverages for consumption on the premises is so permitted and authorized by this chapter.
[Ord. #92-754, S 1]
All licensees under this chapter who sell alcoholic beverages shall prominently post on their premises a warning of the dangers to the unborn children of women who consume alcoholic beverages while pregnant. The nature and type of warning signs shall be determined by the Montgomery Township Board of Health or its authorized agent, which shall prepare and distribute the warning signs. Any licensee violating the provisions of this section shall be subject to a penalty as provided for in section 1-5 of this Code.
[New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverage to any person who displays
conduct which would lead such licensee or employee to believe that
such person is intoxicated.
[Ord. #80-404, S 3; New]
No person shall purchase or distribute any alcoholic beverages
in the Township for or on behalf of or to any person under the legal
age for purchasing alcoholic beverages, except a parent or legal guardian
of such person. As used in this section, "person under the legal age
for purchasing alcoholic beverages" shall mean any person under the
age of 21 years, but shall not mean a person attaining the age to
legally purchase alcoholic beverages prior to January 1, 1983, which
persons shall retain that right.
[Ord. #78-347]
No licensee shall allow or permit in or upon the license premises
or any parking area or semi-public place which serves such license
premises, any disturbances, lewdness, immoral activities, brawls,
or unnecessary noises, or allow, or permit the licensed place of business
to be conducted in such manner as to become a nuisance.
[Ord. #78-347]
a.Â
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 and regulations of the
State's Director of Alcoholic Beverage Control.
b.Â
Proceedings
for suspension or revocation shall be in accordance with the provisions
of R.S. 33:1-31 by service of a five day notice of charge against
the licensee and affording a reasonable opportunity for a hearing
before the Township Committee.
c.Â
Suspension
or revocation of a license shall be in addition to any other penalty
which may be imposed for a violation of the provisions of this Chapter.
