[HISTORY: Adopted by the Township Committee
of the Township of Andover as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-30-1973 as Chapter VIII of the
1973 Code; as amended through Ord. No. 83-36]
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.
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.
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]
[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.
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]
G.
Bring your own bottle "BYOB" exception for establishments not licensed for on-premises consumption. The following rules, which are incorporated by reference from N.J.S.A. 2C:33-27, as amended, and are hereby made part of § 12-5, apply to those establishments allowing patrons to bring your own bottle ("BYOB").
[Added 9-10-2018 by Ord.
No. 2018-12]
(1)
Recognizing that BYOB is authorized pursuant to New Jersey Statute,
the consumption of wine and/or malt alcoholic beverages in a restaurant,
dining room or other public place where food or liquid refreshments
are sold to the general public pursuant to BYOB shall be permitted
only during the hours of 12:00 noon prevailing time to 10:00 p.m.
prevailing time. All other rules, incorporated by reference pursuant
to N.J.S.A. 2C:33-27, as amended, shall apply, including provisions
that alcohol may only be consumed by persons of the appropriate legal
age. Any violations shall be enforced by the police, or by the Code
Enforcement Official.
(2)
Any such establishment open to the public, irrespective of whether
or not food or liquid refreshments are sold or served, that engage
in any business function, specifically including art classes and adult
entertainment establishments, allowing patrons to consume wine or
malt alcoholic beverages pursuant to BYOB, shall register with the
Township Clerk no later than January 1 of each calendar year.
(3)
No such establishment shall charge any admission fee or cover, corkage
or service charge or advertise inside or outside of such premises
that patrons may bring and consume their own wine or malt alcoholic
beverages in a portion of the premises which is open to the public.
(4)
No such establishment shall allow the consumption of wine or malt
alcoholic beverages by persons not of legal age at any time.
(5)
A person who violates any provision of this act is a disorderly person,
and the court, in addition to the sentence imposed for the disorderly
person violation, may by its judgment bar the owner or operator from
allowing consumption of wine or malt alcoholic beverages in his premises
as authorized by this subsection.
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.
[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.
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.
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.
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.
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.
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).
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.
[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:
(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.
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.
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.
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).
[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.
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]
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
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.
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.
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.
