Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
Editor's Note: For approval of Chapter 8 by Division of Alcoholic Beverage Control, see letter dated November 21, 1995 which can be found on file in the office of the Township Clerk.
[1993 Code § 56-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of West Caldwell in accordance with the provisions of an Act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising 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 State Director of Alcoholic Beverage Control.
[1993 Code § 56-2]
As used in this chapter, words and phrases shall have the same meanings they have in N.J.S.A. 33:1-1 et seq. and in the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1993 Code § 56-3A]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in the previous section and all other applicable laws of the State of New Jersey or of the United States.
[1993 Code § 56-3B]
All licenses required by this chapter shall be issued by the Governing Body.
[1993 Code § 56-3C]
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 8-1 and the provisions of this chapter.
[1993 Code § 56-4; Ord. No. 1780-2016]
a. 
The annual license fees for the sale or distribution of alcoholic beverages in the Township of West Caldwell shall be as follows:
[Ord. No. 1780-2016]
License
Type
2016 Fee
Plenary Retail Consumption
33
2,500
Plenary Retail Distribution
44
2,500
Club
31
188
b. 
The fees for Type 33, Type 44, and Type 31 licenses shall be increased in each succeeding year by the maximum amount permitted by law until the maximum allowable fee is established all pursuant to N.J.S.A. 33:1 et seq.
[Ord. No. 1780-2016]
c. 
The following number of licenses are now in effect and may continue while in good standing in the Township of West Caldwell:
License
Type
Number
Plenary Retail Consumption
33
4
Plenary Retail Distribution
44
1
Club
31
1
[1993 Code § 56-5A]
a. 
No alcoholic beverages shall be sold, served or consumed in or delivered to any licensed premises except during the following hours:
1. 
Consumption of spirituous liquors, wine and malt beverages: 7:00 a.m. to 2:00 a.m.
2. 
Sales of spirituous liquors: 9:00 a.m. to 10:00 p.m.
3. 
Sales of wine and malt beverages: 7:00 a.m. to 2:00 a.m.
b. 
In addition, on New Year's Day the consumption of spirituous liquors, wines and malt beverages and the sale of wine and malt beverages shall be permitted until 5:00 a.m.
[1994 Code § 56-5B]
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 nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons.
[New]
During the hours that the sale 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.
[1993 Code § 56-7]
a. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter, any provisions of any applicable statute or any of the rules and regulations of the State Director of Alcoholic Beverage Control.
b. 
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-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
c. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[New; Ord. No. 1743]
a. 
It shall be unlawful for a person under the legal age while in any premises licensed for the sale of alcoholic beverages to purchase, consume or have served or delivered to him any alcoholic beverages.
b. 
No person under the legal age shall be permitted to enter or remain in or upon any Class C plenary retail consumption licensed premises after 11:00 p.m. unless accompanied by a parent or legal guardian.
[1993 Code § 56-6B]
No person under the legal age shall purchase, attempt to purchase or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
[1993 Code § 56-6C]
No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age. It shall be unlawful for any persons to induce or attempt to induce any licensee or employee of a licensee to sell, serve or deliver alcoholic beverages to a person under the legal age.
[1993 Code § 56-6D]
No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 21 years or to permit a person under 21 years to remain on any premises in violation of subsection 8-6.1.
[1993 Code § 56-6E]
Any parent or guardian of a person under the legal age who accompanies such person under the legal age into a premises in which alcoholic beverages are served and who permits the person under the legal age to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the person under the legal age.
[N.J.S.A. 33:1-81]
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100. In addition, the court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this state for six months beginning on the date he 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.