[Adopted 10-28-1986 by Ord. No.
86:72 as Ch. VI of the 1986 Code]
[1]
Editor's Note: See also N.J.S.A. 33:1-1 et
seq., as amended, for statutory provisions on the regulation of alcoholic
beverages and licensing.
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Township in accordance
with the provisions of an act of 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.
For the purpose of this article, words and phrases
herein shall have the same meanings 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.
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in § 83-1, and all other applicable laws of the State of New Jersey or the United States.
B.
Issuing authority. All licenses required by this article
shall be issued by the Township Council, which shall also administer
the provisions of this article.
C.
License required. No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 83-1 and the provisions of this article.
D.
License fees. The annual license fees for the sale
or distribution of alcoholic beverages in the Township shall be as
follows:
[Amended by Ord. No. 87:40; Ord. No. 90:56; 12-20-2005 by Ord. No. 2005:31; 5-18-2010 by Ord. No. 2010:09; 5-24-2016 by Ord. No. 2016:09]
|
Class of License
|
Annual License
| |
|---|---|---|
|
Plenary retail consumption license
|
$2,500
| |
|
Plenary retail distribution license
|
$1,930
| |
|
Club license
|
$150
|
E.
Distance between licensed premises. The license shall
hereafter be issued or transferred except in conformance with the
following distance between licensed premises restrictions:
[Amended by Ord. No. 90:11; Ord. No. 95:24; Ord. No. 96:22; Ord. No. 97:31]
(1)
Same class of license. Two thousand five hundred feet
between licensed premises except as otherwise provided herein, and
except that only 400 feet shall be required between any two plenary
retail consumption (Class C) licenses.
(2)
Different class of license. Four hundred feet between
licensed premises except as otherwise provided herein.
(3)
Exceptions to distance limitations. There shall be
no distance limitation with respect to the following:
(a)
Issuance of a club license.
(b)
Issuance of a license to one who operates a hotel
or motel containing 100 or more sleeping rooms.
(c)
Issuance of a plenary retail consumption (Class C)
license to one who independently operates a restaurant/lounge located
within a hotel or motel containing 100 or more sleeping rooms, which
hotel or motel also holds a plenary retail consumption (Class C) license.
(d)
Issuance of a plenary retail consumption (Class C) license within
a mixed-use redevelopment project approved pursuant to the Local Redevelopment
and Housing Law, N.J.S.A, 40A:12A-1 et. seq., that is located along
a state highway.
[12-15-2020 by Ord. No. 2020:36]
(4)
Application. Despite the provisions of this subsection,
licenses presently outstanding may be renewed or may be transferred
to another person and renewed by the transferee.
(5)
The provisions of § 83-3E of the Code prohibiting distances between licensed premises shall not prevent the place-to-place transfer of an existing license, including an expansion of a licensed premises, in the event of partial or total destruction, condemnation or for other good reasons, to a location on the same lot as the existing license was previously located, or within 500 feet of its existing location, provided that such relocation or expansion complies with all other ordinances, regulations or laws of the Township of Parsippany-Troy Hills, the State of New Jersey and any other governmental authority having jurisdiction.
A.
Hours of sale.
(1)
No persons other than the owners of licensed premises
or employees whose names appear on the employee list shall be permitted
in any licensed premises on any day between the hours of 2:00 a.m.
and 7:00 a.m., except New Year's Day each year as hereinafter provided.
This provision shall not apply to licensed premises which are located
in hotels or in restaurants which provide twenty-four-hour service.
(2)
In licensed premises located in hotels or twenty-four-hour-service
restaurants, no alcoholic beverages shall be sold, delivered, served,
or consumed on any day between the hours of 2:00 a.m. and 7:00 a.m.,
except New Year's Day each year as hereinafter provided.
B.
New Year's Day.
(1)
On January 1 of each year, no person other than the
owners of licensed premises or employees whose names appear on the
employee list thereof shall be permitted in licensed premises between
the hours of 3:00 a.m. and 7:00 a.m. This provision shall not apply
to licensed premises which are located in hotels or in restaurants
which provide twenty-four-hour service.
(2)
In licensed premises located in hotels or twenty-four-hour-service
restaurants, no alcoholic beverages shall be sold, delivered, served,
or consumed on January 1 of each year between the hours of 3:00 a.m.
and 7:00 a.m.
C.
Sales to certain persons. 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 drinking age, nor permit the consumption of alcoholic beverages
on any licensed premises by any of the above-named classes of persons.
D.
Closing provision. The entire licensed premises shall be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee on any day, as set forth in Subsections A and B of this section. This provision shall not apply to hotels and restaurants as defined in N.J.S.A. 33:1-1 et seq. or clubs.
[Amended 12-20-2005 by Ord. No. 2005:31]
[1]
Editor's Note: Former § 83-5, Persons under the
legal drinking age, was repealed 8-18-2009 by Ord. No. 2009:32.
A.
Any license issued under this article may be suspended
or revoked for violation of any of the provisions of this article
or any provision of any applicable statute or any of the rules or
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 article.
