[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Lafayette 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.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, words and phrases herein shall
have the same meanings as in R.S. 33: 1-1 et seq., and the rules and
regulations of the Director of the Division of Alcoholic Beverage
Control.
[New]
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 section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[New]
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 obtaining a license in accordance with the act referred to in section 6-1 and the provisions of this chapter.
[Ord. 9/9/47; New; Ord. 8/11/81; Ord. 3/4/86]
The annual fees and maximum number of licenses for the sale,
consumption or distribution of alcoholic beverages in the township
shall be as follows:
|
Class of License
|
Annual Fee
|
Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
$500
|
2
|
|
Plenary Retail Distribution License
|
$500
|
1
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
[Ord. 9/9/47]
No alcoholic beverages shall be sold, delivered or served to
or consumed in any licensed premises on any day between the hours
of 3:00 a.m. and 7:00 a.m. except Sundays and New Year's Day
each year as hereinafter provided.
[Ord. 9/9/47]
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 3:00 a.m. and 12:00 a.m.
[Ord. 9/9/47]
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 from the hours of 5:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
[New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any habitual drunkard,
intoxicated person or minor, nor permit the consumption of alcoholic
beverages on any licensed premises by any of the above named classes
or persons, or permit any such persons to congregate in or about the
licensed premises.
[New]
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises shall also be closed and no person shall
be admitted or permitted to remain therein except the licensee or
bona fide employees of the licensee. This closing of premises requirement
shall not apply to hotels or restaurants as defined in R.S. 33:1-1
or to clubs as set forth in paragraph 5 of R.S. 33:1-2.
[New]
No licensee shall sell or serve any alcoholic beverages to any
person under the legal age.
[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 R.S. 33:1-31 by service of a five 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.
[Ord. No. 2016-15]
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or
uncle, sibling or any person related by blood or affinity.
[Ord. No. 2016-15]
It shall be unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property within the Township of Lafayette,
except as hereinafter provided or as may be permitted by State statute:
a.
Any underage person who consumes or possesses an alcoholic beverage
in connection with a religious observance, ceremony or rite or consumes
or possesses an alcoholic beverage in the presence of and with the
permission of a parent, guardian or relative who has attained the
legal age to purchase and consume alcoholic beverages.
b.
Any underage person while actually engaged in the performance of
employment by a person who is licensed under Title 33 of the Revised
Statues or while actively engaged in the preparation of food while
enrolled in a culinary arts or hotel management program at a County
vocational school or post-secondary educational institution.
1.
This section shall not be construed to preclude the imposition of
a penalty under section N.J.S.A. 33:1-81, or any other section of
law against a person who is convicted of unlawful alcoholic beverage
activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 2016-15]
Except as may be provided in N.J.S.A. 33:1-1 et seq., any person
who violates any provision of this ordinance shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by a period of
community services for not more than 40 hours, or any combination
thereof.
