[1967 Code §§ 3-3-1, 3-1-2; New]
This Chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Millburn 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
N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations
of the Director of the Division of Alcoholic Beverage Control.
[1967 Code § 3-1-2]
For the purpose of this Chapter, the words and phrases herein
shall have the same meaning 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.
[1967 Code § 3-1-5; New]
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.
[1967 Code § 3-1-5]
All licenses required by this Chapter shall be issued by the
Township Committee, which shall also administer the provisions of
this Chapter.
[New]
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.
[1967 Code § 3-1-5; 3-1-12; Ord.
No. 7-6-70 § 1; Ord. No.
12-74 § 1; Ord. No. 20-79 § 1; Ord. No. 31-79 § 1; Ord. No. 12-82 § 1; Ord. No. 36-82 § 1; Ord. No. 22-85 § 1; Ord.
No. 15-86 § 1; Ord. No.
2218-03 § 1]
The classes and maximum number of licenses to be issued by the
Township are hereby fixed as follows and the license fees for the
types of licenses authorized by the provisions of this Chapter shall
be as follows:
b.
License Year 2005-2006 and Thereafter
1.
Plenary Retail Consumption Licenses: $2,500.00
2.
Plenary Retail Distribution Licenses: $2,500.00
3.
Club Licenses: $180.00
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Notes:
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1. For State law authorizing the Township to restrict number
of licenses to sell alcoholic beverages at retail, see N.J.S.A. 33:1-40.
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2. Plenary retail consumption licenses, twelve (12) including
one (1) to a person or entity who operates a hotel or motel containing
at least one hundred (100) guest rooms and including one (1) upon
the approval of the Director of the Division of Alcoholic Beverage
Control, to a nonprofit corporation which conducts musical or theatrical
performances or concerts on premises with a seating capacity of one
thousand (1,000) persons or more, for the sale of alcoholic beverages
for consumption on the licensed premises only during performances
and the two (2) hours immediately preceding and the two (2) hours
immediately following performances.
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3. Every club license shall be deemed to be issued conditioned
that the licensed club shall continue to be a bona fide club and shall
be revocable upon the discontinuance of such status.
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[1967 Code § 3-1-15; Ord. No. 3-83 § 1]
No alcoholic beverages shall be sold, delivered or served to
or consumed in any licensed premises on any day between the hours
of 2:00 a.m. and 9:00 a.m. except Sundays and New Year's Day
each year as hereinafter provided.
[1967 Code § 3-1-15; Ord. No. 3-83 § 1; Ord. No. 2180-00 § 1]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 12:00 noon, except that when December 24 (Christmas Eve) and December 31 (New Year's Eve) fall on Sunday, no alcoholic beverages may be sold on premises licensed for plenary retail distribution between the hours of 2:00 a.m. and 9:00 a.m.
[1967 Code § 3-1-15; Ord. No. 3-83 § 1]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 9:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered to or consumed between the hours of 5:00 a.m. and 12:00 noon.
[1967 Code § 3-1-18; New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or person under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[New]
During the hours when sales of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee; provided, however, that such requirement
for the closing of the premises shall not apply to bona fide hotels
or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible
for a club license under N.J.S.A. 33:1-12(5) and to other establishments
where the principal business is other than the sale of alcoholic beverages.
[1967 Code § 3-1-6]
The holder of a plenary retail consumption license shall be
entitled, subject to the rules and regulations of the Director of
the Division of Alcoholic Beverage Control, to sell for consumption
on the licensed premises any alcoholic beverages by the glass or other
open receptacle, and also to sell all alcoholic beverages in original
containers for consumption off the licensed premises; provided, however,
that the sale of alcoholic beverages for consumption on the licensed
premises shall not be permitted in or upon any premises in which a
grocery, delicatessen, drugstore or other mercantile business (except
the keeping of a hotel or restaurant, or the sale of cigars and cigarettes
at retail as an accommodation to patrons, or the retail sale of nonalcoholic
beverages) is carried on.
[1967 Code § 3-1-7]
The holder of a plenary retail distribution license shall be
entitled, subject to the rules and regulations of the Director of
the Division of Alcoholic Beverage Control, to sell any alcoholic
beverages for consumption off the licensed premises, but only in original
containers.
[1967 Code § 3-1-9]
The holder of a club license shall be entitled, subject to the
rules and regulations of the Director of the Division of Alcoholic
Beverage Control, to sell, only to bona fide club members and their
guests, alcoholic beverages intended for immediate consumption on
the licensed premises. Club licenses may be issued only to such corporations,
associations and organizations as are operated for benevolent, charitable,
fraternal, social, religious, recreational, athletic or similar purposes,
and not for private gain, and comply with all conditions which, subject
to rules and regulations, may be imposed by the Director.
[1967 Code § 3-1-10]
Applications for licenses required by this Chapter shall be
made upon forms to be obtained from the Township Clerk, promulgated
or approved by the Director of the Division of Alcoholic Beverage
Control.
[1967 Code § 3-1-11]
Except as otherwise provided by law, all licenses for the sale
of alcoholic beverages shall be issued only by authority of the Township
Committee evidenced by a resolution duly adopted by that body. Such
licenses shall be executed in the name of the Township by the signature
of the Township Clerk, and the Township seal affixed thereon.
[1967 Code § 3-1-13]
Notwithstanding the maximum number of plenary retail consumption licenses, plenary retail distribution licenses and club licenses prescribed by subsection 6-3.4, the Township Committee, as issuing authority, may, in the exercise of its sound discretion, subject nevertheless to appeal to the Director of the Division of Alcoholic Beverage Control of the State, limit the issue of licenses of any or all of the foregoing classifications in any vicinity or neighborhood of the Township, to such number or numbers as public necessity and convenience may appear to be required; provided, however, that nothing in this section contained shall be deemed to authorize the issuance or continuance in effect of more licenses of any of the foregoing classifications throughout the Township than the maximum prescribed by subsection 6-3.4.
[1967 Code § 3-1-17; Ord. No. 19-95 § 2]
No alcoholic beverages or containers thereof shall be displayed or suffered to remain in, upon or in connection with any licensed premises beyond and in front of the building line of the premises, except that wine and beer may be consumed at a sidewalk cafe where table service is provided, as permitted in subsection 4-40.5e of this Code.
[1967 Code § 3-1-24]
Every licensee shall keep a copy of this Chapter posted in a
conspicuous place in the rear of the bar on the licensed premises
at all times.
[1967 Code § 3-1-25; 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 N.J.S.A. 33:1-31 by service of a five (5)-day
notice of charges preferred against the licensee and affording a reasonable
opportunity for 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.
[1967 Code § 3-1-18; New]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
[N.J.S.A. 33:1-81]
It shall be unlawful for:
a.
A person under the legal age for purchasing alcoholic beverages to
enter any premises licensed for the retail sale of alcoholic beverages
for the purpose of purchasing, or having served or delivered to him
or her, any alcoholic beverage; or
b.
A person under the legal age for purchasing alcoholic beverages to
consume any alcoholic beverage on premises licensed for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or
have another purchase for him or her any alcoholic beverage; or
c.
Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his/her
age have the right to purchase and consume alcoholic beverages.
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Any person who shall violate any of the provisions of this subsection
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, in accordance with N.J.S.A. 33:1-81, as amended, shall be
punished by a fine of not less than one hundred dollars ($100.00).
In addition, the Court shall suspend the person's license to
operate a motor vehicle for six (6) months or prohibit the person
from obtaining a license to operate a motor vehicle in this State
for six (6) months beginning on the date he/she becomes eligible to
obtain a license or on the date of conviction, whichever is later.
In addition to the general penalty prescribed for an offense, the
Court may require any person under the legal age to purchase alcoholic
beverages who violates this act to participate in an alcohol education
or treatment program authorized by the Department of Health for a
period not to exceed the maximum period of confinement prescribed
by law for the offense for which the individual has been convicted.
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