[Adopted as Ch. VI of the 1985 Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic
beverages in the Township of Lebanon 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.
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.
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 § 120-1, and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this article shall be issued by the Township
Committee, which shall also administer the provisions of this article.
No person shall sell alcoholic beverages within the Township without obtaining a license in accordance with the act referred to in § 120-1 and the provisions of this article.
[Amended by Ord. No. 1-1943; Ord. No. 2-1944; Ord.
No. 16-1985; Ord. No. 10-1989; Ord. No.
6-1992; Ord. No. 9-1993; Ord. No. 6-1995; Ord.
No. 2001-28]
[Amended by Ord. No. 1-1937; Ord. No. 9-1993]
A.
No seasonal retail consumption license to sell alcoholic
beverages shall be granted by the Township Committee.
B.
No club license to sell alcoholic beverages shall be
granted by the Township Committee.
D.
No limited retail distribution license to sell alcoholic
beverages shall be granted by the Township Committee.
[Amended by Ord. No. 16-1985; Ord. No. 16-1996]
A.
Spirituous liquors can be sold for on-premises consumption
by any plenary retail consumption licensee or consumed on the licensed premises
of any plenary retail consumption licensee, between the hours of 6:00 a.m.
and 2:00 a.m. on any day of the week.
B.
Spirituous liquors in original containers (package goods),
other than wine and malt beverage products, can be sold for off-premises consumption
by any plenary retail consumption licensee or the sole plenary retail distribution
licensee between 9:00 a.m. and 10:00 p.m. on any day of the week.
C.
Wine and malt beverage products can be sold for off-premises
consumption by any plenary retail consumption licensee or by the sole plenary
retail distribution licensee between 6:00 a.m. and 2:00 a.m.
D.
The source of authority for the setting of these hours
is Title 33 of the New Jersey Statutes Annotated and Chapter 13 of the New
Jersey Administrative Code. Special reference is made to N.J.S.A. 33:1-40.3
and N.J.A.C. 13:2-38.
E.
On New Year's Day spirituous liquors can be sold for
on-premises consumption during the entire day.
[Amended by Ord. No. 16-1985]
Provisions of § 120-8 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 6:00 a.m.
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated person
or persons under the legal age, nor permit the consumption of alcoholic beverages
on any licensed premises by any of the above named-classes or persons.
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, between the hours of 2:00 a.m. and 6:00 a.m. This
provision shall not apply to hotels and restaurants as defined in N.J.S.A.
33:1-1 et seq. or clubs.
A.
Persons under the legal age prohibited to purchase or
be served in licensed premises. It shall be unlawful for a person under the
legal age to enter any premises licensed for the sale of alcoholic beverages
for the purpose of purchasing or having served or delivered to him any alcoholic
beverage.
B.
Purchase by or for a person under the legal age prohibited.
It shall be unlawful for a person under the legal age with exceptions as provided
by law to consume any alcoholic beverage or to purchase, attempt to purchase,
or have another purchase for him, any alcoholic beverage on any premises licensed
for the sale of alcoholic beverages.
C.
Misrepresenting age. It shall be unlawful for any person
under the legal age to misrepresent or misstate his age for the purpose of
inducing any retail licensee or any employee of any retail licensee to sell,
serve or deliver any alcoholic beverage to him.
D.
Penalty. 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, nor more than the maximum penalty contained in Chapter 1, Article II, General Penalty. 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.[1]
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 a service of a five-day
notice of charges preferred against the licensee and affording a reasonable
opportunity for a 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.
