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:
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.
