Township of Andover, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Andover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Retail food establishments — See Chs. 59 and 202.
Games of chance — See Ch. 63.
[Adopted 10-30-1973 as Chapter VIII of the 1973 Code; as amended through Ord. No. 83-36]

§ 12-1 Purpose.

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Andover 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.

§ 12-2 Definitions.

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 State Director of Alcoholic Beverage Control.

§ 12-3 Licenses.

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 § 12-1, 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 Committee, which shall also administer the provisions of this article.
C. 
License required. Unless an exception under the Alcoholic Beverage Control Law (the “Act”) or the rules and regulations of the State Director of Alcoholic Beverage Control (the “rules and regulations”) exists, no person shall manufacture, sell, possess with intent to sell, transport, warehouse, rectify, blend, treat, fortify, mix, process, bottle or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act, rules and regulations and this article.
[Amended 5-14-2003 by Ord. No. 2003-6]

§ 12-4 License fees; type and number of licenses.

[Amended 5-14-2003 by Ord. No. 2003-6]
A. 
The types of license which shall be issued, annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
Class of License
Number of Licenses
Annual License Fee
(for 2003)
Plenary retail consumption
10
$597
Club
2
$150
B. 
The provisions of this section with respect to the limit on the number of licenses shall not apply to the renewal or transfer of licenses presently issued; nor shall this section prohibit the issuance of a new plenary retail consumption license to a person operating a hotel or motel containing at least 100 sleeping rooms. Such a license shall be renewed or transferred only from or to a hotel or motel likewise containing at least 100 sleeping rooms.

§ 12-5 Hours; sale to minors; visibility and access requirements.

A. 
Hours of sale.
(1) 
No alcoholic beverages shall be sold, delivered or distributed in original containers, for off-premises consumption except between the hours of 9:00 a.m. and 10:00 p.m.
[Amended 5-14-2003 by Ord. No. 2003-6]
(2) 
No alcoholic beverages shall be sold, delivered or served to or consumed 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.
B. 
New Year's Day. The provisions of Subsection A(2) shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m.
C. 
Vacation of licensed premises. No patron or guest shall be permitted to remain in any licensed premises between the hours of 2:00 a.m. and 7:00 a.m., except as provided in Subsection B.
[Amended 5-14-2003 by Ord. No. 2003-6]
D. 
Sale to certain persons. No licensee or employee of a licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age to purchase or consume alcoholic beverages or to any person actually or apparently intoxicated, or permit or suffer the consumption of any alcoholic beverage by any such person in or upon the licensed premises.
[Amended 5-14-2003 by Ord. No. 2003-6]
E. 
Fingerprinting and record check. No licensee shall employ, or have connected with him in any business capacity whatsoever, any person who has not obtained an identification card from the Township of Andover, and submitted himself for fingerprinting, photography, record check and any other information required by the Township.
F. 
Visibility and access to licensed premises. All licensees shall ensure that the licensee area is adequately visible as required by the licensing authority. Access shall be granted to all proper authorities for the enforcement of the rules and regulations and Township ordinances.
[Amended 5-14-2003 by Ord. No. 2003-6]

§ 12-6 Minors.

A. 
Presence. No minor shall be permitted in any premises where alcoholic beverages are sold or served for consumption on the premises, except for eating establishments, unless accompanied by a parent or guardian.
[Amended 5-14-2003 by Ord. No. 2003-6]
B. 
Purchase of alcoholic beverages by a minor. No minor shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverages on any premises licensed for the sale of alcoholic beverages.
C. 
Purchase of alcoholic beverages for a minor. No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any employee of a license to sell, serve or deliver alcoholic beverages to a minor.
D. 
Misstating age. 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 A.
E. 
Presumption. Any parent or guardian of a minor who accompanies such minor into a premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
F. 
Possession. No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the Township.

§ 12-7 Closing premises during public emergency or crime investigation.

[Amended 5-14-2003 by Ord. No. 2003-6]
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, at retail, or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises, or allow, permit or suffer the retail licensed premises to be open, during any period for which any duly constituted state, county or municipal law enforcement authority, because of a public emergency or investigation of crime, has ordered the licensed premises to be closed, unless excepted by such authority to permit continuing conduct of business other than the sale of alcoholic beverages.

§ 12-8 House-to-house solicitation prohibited.

No licensee shall solicit from house to house, personally or by telephone, the purchase of any alcoholic beverage, or allow, permit or suffer such solicitation.

§ 12-9 Narcotics and illegal activities; prohibited patrons.

A. 
No licensee shall allow, permit or suffer in or upon the licensed premises the habitual presence of any known prostitute, gangster, racketeer, notorious criminal, or other person of ill repute.
B. 
No licensee shall allow, permit or suffer in or upon the licensed premises any unlawful possession of or any unlawful activity pertaining to narcotic or other controlled dangerous substances as defined by the New Jersey Controlled Dangerous Substances Act (N.J.S.A. 24:21-1 et seq.) or any prescription legend drug, in any form, which is not a narcotic drug or controlled dangerous substance or analog, as so defined, or drug paraphernalia as defined by N.J.S.A. 2C:36-1.
[Amended 5-14-2003 by Ord. No. 2003-6]
C. 
No licensee shall allow, permit or suffer the licensed premises to be accessible to any premises upon which any illegal activity or enterprise is carried on or the licensed premises or business to be used in furtherance or aid of or accessible to any illegal activity or enterprise.

§ 12-10 Immoral activities; disturbance; nuisance on premises.

No licensee shall engage in or allow, permit or suffer in or upon the licensed premises any lewdness or immoral activity; any brawl, act of violence, disturbance, or unnecessary noise; nor shall any licensee allow, permit or suffer the licensed place of business to be conducted in such a manner as to become a nuisance.

§ 12-11 Lottery and gambling.

A. 
No licensee shall engage in or allow, permit or suffer in or upon the licensed premises the conduct of any lottery; any ticket or participation right in any lottery to be sold or offered for sale; any pool-selling, bookmaking or any unlawful game or gambling of any kind; any slot machine or device in the nature or a slot machine which may be used for the purpose of playing for money or other valuable thing; nor shall any licensee possess, have custody of, or allow, permit or suffer in or upon the licensed premises any gambling paraphernalia, including but not limited to any slip, ticket, book, record, document, memorandum or other writing pertaining in any way to any lottery, pool-selling, bookmaking or unlawful game or gambling of any kind.
[Amended 5-14-2003 by Ord. No. 2003-6]
B. 
This rule shall not apply to bingo, raffles or New Jersey State Lottery, or tickets or participation rights therein, being conducted pursuant to appropriate license under the Bingo Licensing Law (N.J.S.A. 5:8-24), Raffles Licensing Law (N.J.S.A. 5:8-50), State Lottery Law ( N.J.S.A. 5:9-11), or other activity authorized by state law. However, in any instance of bingo at licensed premises, no licensee, during the period between the commencement of the first and the conclusion of the last game, shall sell, serve, or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage in or upon any part of the licensed premises where the bingo or any part thereof is being conducted.

§ 12-12 Copies of current certificates; applications; list of employees.

A. 
No licensee shall conduct the licensed business unless:
(1) 
The current license certificate is at all times conspicuously displayed on the licensed premises in such plain view as to be easily read by all persons visiting such premises;
(2) 
A photostatic or other true copy of the application for the current license as well as the last filed long form application (if current application is the short form), is kept on the licensed premises; and
(3) 
A list, in form prescribed by the Director of the Division of Alcoholic Beverage Control, containing the names and addresses of, and required information with respect to, all persons currently employed on retail licensed premises, is kept on the licensed premises.
B. 
Such application copy and such list shall be available for inspection by the Director, his deputies, inspectors and investigators, and by any officer defined by N.J.S.A. 33:1-1(p).

§ 12-13 Indecent matter.

No licensee shall allow, permit or suffer in or upon the licensed premises or have in his possession or distribute or cause to be distributed any obscene, indecent, filthy, lewd, lascivious or disgusting recording, printing. writing, picture or other matter.

§ 12-14 Prohibited promotions.

[Amended 5-14-2003 by Ord. No. 2003-6]
A. 
Except for consumer alcoholic beverage tastings or tasting dinners conducted in accordance with N.J.A.C. 13:2-37, and promotions excepted in this section, no licensee, permittee or brand registrant shall, directly or indirectly, allow, permit or suffer any practice or promotion that:
(1) 
Offers unlimited availability of any alcoholic beverage for consumption on a licensed premises for a set price, except for:
(a) 
Private parties, not sponsored by the licensee, such as weddings and birthday parties, and events held by social affair permittees; or
(b) 
New Year's Eve parties sponsored by a licensee where a set price for attendance includes an open bar.
(2) 
Offers to a patron or consumer a free drink, gift, prize or anything of value, conditioned upon the purchase of an alcoholic beverage or product, except for:
(a) 
Branded or unique glassware or souvenirs in connection with a single purchase;
(b) 
Consumer mail-in rebates offered in accordance with N.J.A.C. 13:2-24.11;
(c) 
Manufacturer's sweepstakes and contests, not prohibited by law, where entry or opportunity to win is open to the public without a requirement that a purchase be made;
(d) 
Discounts offered by retailers to consumers on the purchase of alcoholic beverages for off-premises consumption;
(e) 
Offers of not more than one free drink per patron, as a gesture of good will, in a twenty-four-hour period, by an on-premises consumption licensee;
(f) 
Offers of not more than one free drink coupon, ticket, or token redeemable by a patron, once in a twenty-four-hour period;
(g) 
Offers of a set price for a meal that includes a single alcoholic beverage drink; or
(h) 
Offers of a single bottle of wine or champagne to guests staying at a licensed hotel or motel, as part of a specialty package, provided that the primary guests are of legal drinking age.
(3) 
Requires or allows a consumer to prepurchase more than one drink or product at a time via tickets, tokens, admission fees or the like, as a condition for entry into a licensed premises or as a requirement for service or entertainment thereon; or
(4) 
Offers a prize, gift or award which consists of alcoholic beverages or coupons or gift certificates which may be redeemed for alcoholic beverages, such as two-for-one, and the like, except for a prize consisting of alcoholic beverages in sealed containers offered in a raffle licensed pursuant to N.J.S.A. 5:8-50. A coupon or gift certificate, other than a certificate purchased by a consumer for an amount equal to the dollar value of the certificate, shall expressly state that the certificate shall not be applied toward the purchase or consumption of alcoholic beverages.
B. 
No prize or promotion shall be given to, nor shall any contest for consumers be open to any person under the legal age to purchase or consume alcoholic beverages; any supplier, wholesaler, distributor or retailer; or affiliates, employees or members of the immediate family or household of any such persons or entities.

§ 12-15 Intoxicated workers.

No licensee shall work in any capacity in or upon the licensed premises while actually or apparently intoxicated, or allow, permit or suffer any actually or apparently intoxicated person to work in any capacity in or upon the licensed premises.

§ 12-16 Activity during license suspension.

No licensee, during the suspension of a license, shall:
A. 
Allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage, or any other alcoholic beverage activity in or upon the licensed premises, except the storage of alcoholic beverages on hand or (with permission of the Director) the return of alcoholic beverage to a wholesaler or manufacturer; or
B. 
Deliver any alcoholic beverage to any consumer; or
C. 
Receive delivery of any alcoholic beverage at the licensed premises; or
D. 
Advertise that the licensed premises is closed or the licensed business stopped because of repairs or alterations or for any reason other than the suspension.

§ 12-17 Hindering of investigations.

No licensee shall, directly or indirectly, fail, on demand, to produce, exhibit or surrender to the Director of the Division of Alcoholic Beverage Control, his deputies, inspectors, or investigators and any officer as defined by N.J.S.A. 33:1-1(p), any and all matters and things which the Director or other issuing authority is authorized or empowered to investigate, inspect or examine; nor shall any licensee, directly or indirectly, fail to facilitate, or hinder, delay or cause the hindrance or delay, or attempt to hinder, delay or cause the hindrance or delay, of any investigation or inspection of the licensed business or of the licensed premises or of any search thereof by the Director, his deputies, inspectors or investigators or by any officer as defined by N.J.S.A. 33:1-1 (p).

§ 12-18 Books of account.

[Amended 5-14-2003 by Ord. No. 2003-6]
A. 
All licensees shall have and keep, for an unlimited period of time, a permanent book or books of account in the English language which shall truly and accurately contain a record of all moneys invested in the licensed business, including loans, the source of all such investments, and the disposition of such investments for an unlimited period of time.
B. 
All licensees shall maintain for a period of five years a record of all money or any other thing of value received in the ordinary course of business or received outside the ordinary course of business; a record of all money expended from such receipts; the name of the person receiving such money; and the purpose for which such expenditures were made.
C. 
All books and records pertaining to investments, receipts or expenditures shall be made available for inspection, upon demand, by the Director of Alcoholic Beverage Control or the Director's deputies, inspectors and agents and other officers as defined by N.J.S.A. 33:1-1(p) and the Township.

§ 12-19 Revocation of licenses.

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 license 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.
[Adopted 7-30-2001 by Ord. No. 2001-11]

§ 12-20 Definitions

As used in this article, the following terms shall have the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

§ 12-21 Consumption or possession prohibited on private property.

The consumption or possession of alcoholic beverages of any type on private property by a person who is under the legal age and without legal authority is prohibited.

§ 12-22 Nonapplicability.

A. 
The provisions of this article shall not apply to an 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. 
The provisions of this article shall not apply to any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparations of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution.
C. 
This article 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.

§ 12-23 Violations and penalties.

A. 
Any person who shall violate any section of this article shall be subject to a fine of $250 for the first offense and $350 for any subsequent offense.
B. 
The court may, in addition to the fine, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.
(1) 
If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
(2) 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last day of the license suspension period imposed by the court.
(3) 
The court shall also inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, that person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
(4) 
If the person convicted under this article is not a New Jersey resident, the court shall suspense or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.