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Township of West Deptford, NJ
Gloucester County
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Table of Contents
Table of Contents
The purpose of this Article is to regulate the sale and distribution of alcoholic beverages in the Township of West Deptford, in the County of Gloucester and State of New Jersey, and provide for the issuance of licenses and for license fees in accordance with the provisions of an Act of the Legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments,[1] and in accordance with the rules and regulations issued or to be promulgated by the State Director of Alcoholic Beverage Control applicable thereto.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
A. 
Application requirements. All applications for licenses shall be presented in writing and shall conform to the official form promulgated by the State Director of Alcoholic Beverage Control of New Jersey and shall be filed with the Township Clerk, accompanied by such federal stamp tax as may be required or evidence of its payment, the required license fee as hereinafter provided and otherwise as required by the said Act and under the Article, which application shall be addressed to the Township Committee of the Township of West Deptford; all questions thereto shall be fully answered and verified by the applicant, and all applications shall designate the place and kind of license applied for.
B. 
Administration. The Township Committee of the Township of West Deptford, being the governing body of said municipality, shall constitute the authority for the administration of licenses issued under this Article, and shall forthwith report the issuance of all such licenses to said State Director of Alcoholic Beverage Control.
C. 
License subject to law. All applications for licenses under this Article and all licenses issued thereunder and all proceedings in connection therewith shall be subject to the provisions of the aforesaid Act of the Legislature and the amendments thereof and supplements thereto now in force or that may hereafter be enacted and the rules and regulations of said State Director of Alcoholic Beverage Control applicable thereto and the rules and regulations promulgated or to be promulgated by the Township of West Deptford.
D. 
Unlawful to sell without license. It shall be unlawful to sell or distribute alcoholic beverages in the Township of West Deptford, in the County of Gloucester, without a license previously applied for and granted pursuant to the provisions of said Act aforementioned.
A. 
Plenary retail consumption license.
[Amended 6-20-1985 by Ord. No. 85-6]
(1) 
The annual fee for a plenary retail consumption license shall be as follows:
[Amended 7-2-2003 by Ord. No. 2003-12]
Year
Fee
2004-05
$1,600
2005-06
$1,700
2006-07
$1,800
2007-08
$1,900
2008-14
$2,000
(2) 
The holder of any such license shall be entitled, subject to rules and regulations, to sell for consumption on the licensed premises any alcoholic beverage by the glass or other open receptacles, and also to sell all alcoholic beverages in original containers for consumption off the premises licensed. Such license shall not permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drugstore or other mercantile business is carried on, except the keeping of a hotel or restaurant or the sale of cigars and cigarettes, at retail, as an accommodation to patrons, the retail sale of nonalcoholic beverages as accessory to alcoholic beverages or such other uses or sales permitted by N.J.S.A. 33:1-12.
B. 
Club license and seasonal retail consumption license.
[Amended 4-1-1976 by Ord. No. 76-3; 6-20-1985 by Ord. No. 85-6]
(1) 
The annual fee for a club license shall be as follows:
[Amended 7-2-2003 by Ord. No. 2003-12]
Year
Fee
2004-14
$150
(2) 
The holder of any club license shall be entitled, subject to the rules and regulations of the Division of Alcoholic Beverage Control, to sell any alcoholic beverages but only for immediate consumption on the licensed premises and only to bona fide club members and their guests. Such license may be issued only to such entities as are set forth in N.J.S.A. 33:1-12.5. The issuance of a seasonal retail license within the township of West Deptford is prohibited.
C. 
Plenary retail distribution license.
[Amended 6-4-1981 by Ord. No. 81-15; 6-20-1985 by Ord. No. 85-6]
(1) 
The annual fee for a plenary retail distribution license shall be as follows:
[Amended 7-2-2003 by Ord. No. 2003-12]
Year
Fee
2004-05
$700
2005-06
$840
2006-07
$1,000
2007-08
$1,200
2008-09
$1,400
2009-10
$1,600
2010-11
$1,800
2011-14
$2,000
(2) 
A licensee holding this license shall not conduct any mercantile business other than the sale of alcoholic beverages upon the licensed premises, except that the retail sale of the following items shall be permitted: distillers' and vintners' packaged holiday merchandise prepackaged as a unit with suitable glassware as gift items to be sold only as a unit, cigars, cigarettes, prepackaged crackers, cheese, nuts and similar snacks, cocktail cherries, olives and onions, pretzels, potato chips, charcoal, charcoal lighter fluid and other items commonly used for family barbeques, ice, nonalcoholic beverages as accessory beverages to alcoholic beverages and soda.
A. 
Qualified persons. No license shall be issued to any person, firm, corporation, group or partnership not fully qualified under the provisions of state law and said rules and regulations as provided for by statute.
B. 
Term: return of fee. All licenses shall be for a term of one year from the first day of July in each year, and all fees shall be paid in advance upon presentation of the application as herein provided; provided, however, that any licensee who shall voluntarily surrender his license and who shall not have committed any violation of this Article or of any rule or regulation and who shall have paid all taxes, setoffs or counterclaims that may have become due to the State of New Jersey or to the Township of West Deptford shall be entitled, after deduction of 50% of said fee as a surrender fee, to the prorated fee for the unexpired term.
C. 
Regulation of number of licenses.
(1) 
Maximum number of licenses. The number of licenses issued within the Township of West Deptford shall be in accordance with the following schedule:
[Amended 4-1-1976 by Ord. No. 76-3]
Type of License
Number Allowed to Be Issued
Plenary retail consumption
10
Plenary retail distribution
2
Club
1
Seasonal retail consumption
0
(2) 
Right to change or alter. There is hereby reserved to the Township Committee the right and authority to change the number of licenses specified in Subsection C(1) in accordance with law. The township shall also have the right to issue such additional plenary retail consumption licenses, in addition to those specified in Subsection C(1), as are permitted by N.J.S.A. 33:1-12.20.
A. 
Regulation of hours.
(1) 
Normal hours of closing. The consumption and sale of alcoholic beverages within any place of business licensed under the provisions of this Article shall be prohibited at the times and during the hours hereinafter set forth:
[Amended 6-4-1981 by Ord. No. 81-15]
Days
Hours
Weekdays
2:00 a.m. to 7:00 a.m.
Sundays
2:00 a.m. to 10:00 a.m.
(2) 
Special regulations.
[Amended 10-1-1970]
(a) 
Public emergency. The license and privilege to sell alcoholic beverages of any business regulated under the provisions of this Article may be suspended in the case of public emergency by order of the municipal governing body or any regularly designated police authority.
(b) 
Holidays. Any licensee regulated by the provisions of this Article shall be closed on holidays in accordance with the following schedule:
[Amended 6-4-1981 by Ord. No. 81-15]
Day
Hours
Christmas Day
If Sunday
3:00 a.m. to 10:00 a.m.
If Weekday
3:00 a.m. to 7:00 a.m.
New Year's Day
If Sunday
5:00 a.m. to 10:00 a.m.
If Weekday
5:00 a.m. to 7:00 a.m.
Other holidays
If Sunday
2:00 a.m. to 10:00 a.m.
If Weekday
2:00 a.m. to 7:00 a.m.
(3) 
Applicability to club licenses. The regulation of hours of closing and the special regulations imposed by Subsection A(1) and (2) shall be applicable as well to holders of club licenses.
[Added 4-1-1976 by Ord. No. 76-3]
B. 
Exemption. Nothing contained in this Article shall be construed to prohibit any place of business regulated and licensed under the provisions of this Article, conducted primarily as a restaurant, hotel, motel or other similar or like-natured business, from remaining opened to the public during the hours specified in Subsection A above, except that the consumption and sale of alcoholic beverages shall be prohibited at those times.
C. 
Posting required. There shall be displayed in each licensed place, exposed to public view, a sign stating the hours aforesaid during which alcoholic beverages may be sold.
D. 
Sales: credit; minor; mental defective; habitual drunkard. No sales of alcoholic beverages for consumption on the licensed premises shall be made on credit, nor shall sales of any alcoholic beverages be made to any minor, mental defective or habitual drunkard.
E. 
Licenses near church or school: waiver. No licenses shall be issued for the sale of alcoholic beverages within 200 feet of any church or public school or private schoolhouse not conducted for pecuniary profit, except to the manufacturers, wholesalers, hotels, clubs and fraternal organizations which own or are actually in possession of the licensed premises at the time of the effectiveness of the aforesaid Act, the said 200 feet to be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed; however, this prohibition may be waived at the issuance or renewal of such license, by the duly authorized governing body or authority of such school or church, and provided also that this prohibition shall not apply to the renewal of any license where no such school or church was located within said prohibited distance of said licensed premises at the time of the issuance of said license, or as otherwise excepted by the provisions of said Act.
A. 
Revocation: cause; procedure. Any license issued under this Article may be suspended or revoked for violation of any of the provisions of this Article or any of the provisions of said Act or said statutes heretofore mentioned, or of any of the regulations and rules prescribed by said State Director of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of said Act, by service of a five-day notice of charges preferred against the licensee, as provided in said Act, and affording of a reasonable opportunity for a hearing, and such suspension or revocation shall carry the penalties and prohibitions provided for in said Act.