[Adopted 12-27-1979 by Ord. No. 79-39 as Ch.
VI of the Revised General Ordinances]
[Amended 4-19-1999 by Ord. No. 99-07]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of West
Windsor in accordance with the provisions of an act of the Legislature
of the State of New Jersey entitled "An Act of the Legislature of
the State of New Jersey entitled the 'Alcoholic Beverage Law'" comprising
N.J.S.A. 33:1-1 et seq., its supplements and amendments, and in accordance
with the rules and regulations of the State Director of the Division
of Alcoholic Beverage Control.
For the purpose of this article, words and phrases
herein shall have the same meaning 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.
[Amended 3-28-2005 by Ord. No. 2005-03; 10-26-2009 by Ord. No. 2009-20]
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 § 36-1 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 obtaining a license in accordance with the act referred to in § 36-1 and the provisions of this article.
E.
Club licenses. No club license for the sale of alcoholic
beverages shall be granted in the Township.
(1)
Nothing in this subsection prohibiting the issuance
of a club license for the sale of alcoholic beverages in the Township
shall prevent the issuance in the Township of a club license for the
sale of alcoholic beverages to a bona fide golf and country club in
the Township, incorporated not for pecuniary gain, provided that the
golf and country club shall have constructed and erected prior to
the issuance of the club licenses a regulation golf course consisting
of a minimum of nine holes and a clubhouse with a minimum of 3,000
square feet of usable floor area.
(2)
Nothing in this subsection prohibiting the issuance
of a club license for the sale of alcoholic beverages in the Township
shall prevent the issuance in the Township of a club license for the
sale of alcoholic beverages to a bona fide national war veterans organization
or post, whether incorporated or unincorporated, which is in possession
of suitable premises.[1]
[1]
Editor's Note: Former Subsection E(3), pertaining
to the issuance fee for a club license, which immediately followed
this subsection, was deleted 4-19-1999 by Ord. No. 99-07.
F.
Licenses for hotels.
(1)
In accordance with N.J.S.A. 33:1-12.20, the Township
may issue a plenary retail consumption license to a person or entity
operating a hotel or motel containing 100 guest sleeping rooms or
who may hereafter constitute and establish a new hotel or motel containing
100 guest sleeping rooms which has not received a license prior to
the effective date of Ordinance No. 2005-03, on April 17, 2005.
(2)
A minimum bid not to exceed $25,000 plus $50 per sleeping room may be required for the issuance of a license pursuant to the provisions of this section if the dining facilities of the hotel or motel are regularly and principally used to provide only meals for catered events and breakfast for guests of the hotel or motel. This subsection shall not be construed to prohibit a minimum bid for any license issued under the provisions of this section to a hotel or motel that does not meet the criteria set forth in this Subsection F(2).
(3)
The plenary retail consumption licenses for a new
qualified hotel or motel shall be publicly bid on notice based on
such terms as the Township Council may establish by resolution in
accordance with the terms of this ordinance and the procedures, including
notice, set forth in N.J.S.A. 33:1-19.1 et seq.
(4)
A "guest sleeping room" shall be defined as a partitioned
part of the inside of a hotel/motel building, which contains a bed
or beds, and is maintained primarily for sleeping purposes and which
is let out by its owner, or any agent of its owner, at any time for
compensation, whether on a daily, periodic, weekly or seasonal basis
and whether to relatives, friends, guests or other third parties,
as defined in N.J.S.A. 33:1-12.20.
(5)
The requirements of § 36-4, requiring a distance of 2,000 feet between any premises which are issued a plenary retail consumption or distribution license, shall not apply to hotel/motel liquor consumption licenses issued pursuant to this section. This exclusion is made in recognition of the fact that the primary consumers will be residents or guests of the hotel/motel.
(6)
All hotel or motel retail consumption licenses which
have been issued at any time shall be confined to that hotel or motel
property and shall not be subject to a transfer to another premises.
[1]
Editor's Note: Former § 36-4, Distance required
between licensed premises, as amended, was repealed 2-7-2011 by Ord.
No. 2011-02.
A.
Hours of sale.
[Amended 6-13-1983 by Ord. No. 83-16]
(1)
On-premises consumption. No licensee shall sell, serve,
deliver or permit consumption of alcoholic beverages on licensed premises
during the hours of 2:00 a.m. and 7:00 a.m., except on Sundays and
New Year's Day, as hereinafter provided. On Sundays, no alcoholic
beverages shall be sold, served or delivered for consumption between
the hours of 2:00 a.m. and 9:00 a.m. On New Year's Day, no alcoholic
beverages shall be sold, served or delivered for consumption between
the hours of 3:00 a.m. and 7:00 a.m., unless New Year's Day is a Sunday,
in which case no alcoholic beverages shall be sold, served or delivered
for consumption between the hours of 3:00 a.m. and 12:00 noon.
(2)
Off-premises consumption. No licensee shall sell or deliver alcoholic beverages for consumption off the licensed premises between the hours of 10:00 p.m. and 9:00 a.m. on any day of the week, except as hereinafter provided. On New Year's Day, no alcoholic beverages shall be sold or delivered for consumption off the premises between the hours of 3:00 a.m. and 12:00 noon. The sale or delivery of wine and malt alcoholic beverages in original bottles or can containers for consumption off the premises is permitted during the same hours that the sale of alcoholic beverages for consumption on the premises is permitted by Subsection (1) above.
B.
Sales to certain persons. No licensee or employee
of a licensee shall sell, serve or deliver, directly or indirectly,
any alcoholic beverages to any habitual drunkard, intoxicated person
or person under 21 years of age, nor permit the consumption of alcoholic
beverages on any licensed premises by any of the above-named classes
or persons or permit any such persons to congregate in or about the
licensed premises.
[Amended 4-19-1999 by Ord. No. 99-07]
C.
Soliciting restricted. No licensee shall directly
or indirectly solicit from house to house, personally or by telephone,
the purchase of alcoholic beverages, nor allow, permit or suffer such
solicitation.
D.
Admittance restrictions. No licensee shall allow,
permit or suffer in or upon the licensed premises any known criminals,
gangsters, racketeers, pickpockets, swindlers, confidence men, prostitutes
or other persons of ill repute.
[Amended 4-19-1999 by Ord. No. 99-07]
E.
Disturbances and noise restrictions. No licensee shall
allow, permit or suffer in or upon the licensed premises any disturbances,
lewdness, immoral activities, brawls or unnecessary noises or allow,
permit or suffer the licensed place of business to be conducted in
such manner as to become a nuisance.
F.
Illegal lotteries. No licensee shall allow, suffer
or permit any illegal lottery to be conducted or any ticket or participation
right in any lottery to be sold or offered for sale on or about the
licensed premises.
G.
Gambling. No licensee shall engage in or allow, permit
or suffer any pool selling, bookmaking or any playing for money at
faro, roulette, rouge et noir or any unlawful game or gambling of
any kind or any device or apparatus designed for any such purpose
on or about the licensed premises.
H.
Gambling devices. No licensee shall possess, allow,
permit or suffer on or about the licensed premises any slot machine
or device in the nature of a slot machine which may be used for the
purpose of playing for money or other valuable thing.
I.
Lighting and sanitation requirements. Licensed premises
shall at all times be kept in a safe, clean and sanitary condition.
All rooms, passageways, entrances, exits and stairways must be well
lighted.
J.
Peace and good order. The public peace, decency and
good order shall be maintained at all times in and about the licensed
premises.
K.
Stamps or crowns required on containers. No licensee
shall possess, sell, offer for sale, distribute or otherwise dispose
of any alcoholic beverages upon the containers of which stamps or
crowns, as required by the Alcoholic Beverage Tax Law, N.J.S.A. 54:41-1
et seq., as amended and supplemented, shall not be affixed or attached.
L.
Compliance with Alcoholic Beverage Control Act required.
No person shall manufacture, bottle, rectify, blend, treat, fortify,
mix, process or warehouse any alcoholic beverage in violation of the
Alcoholic Beverage Control Law.
[Amended 6-8-1981 by Ord. No. 81-19; 4-19-1999 by Ord. No. 99-07]
A.
Sales to underage persons. No licensee shall sell
or serve any alcoholic beverages to any person under 21 years of age.
B.
Underage persons to be accompanied by responsible
adults. Persons under the age of 21 years shall not be allowed to
frequent, loiter or remain in any room or rooms used or devoted to
the sale, service or consumption of alcoholic beverages upon a licensed
premises, unless accompanied by a parent, guardian or adult husband
or wife.
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 the Division 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 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.
[Added 12-11-1989 by Ord. No. 89-58; amended 4-19-1999 by Ord. No. 99-07]
All licensees who sell alcoholic beverages pursuant to this article shall prominently post on their premises a warning sign describing the dangers to the unborn children of women who consume alcoholic beverages while pregnant. The nature and type of warning sign shall be determined by the Health Officer, which shall prepare and distribute the warning signs. Any licensee violating the provisions of this section shall be subject to a penalty as provided for in Chapter 1, General Provisions, Article II, Penalty, § 1-3.
