[HISTORY: Adopted by the Township Committee of the Township of Freehold as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 1 (Ch. VIII of the Revised General Ordinances), as amended through Ord. No. O-02-19]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Freehold 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.
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 § 71-1, 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 or distribute alcoholic beverages within the Township without having obtained a license in accordance with the act referred to in § 71-1 and the provisions of this article.
License fees. The annual license fees shall be as provided in Chapter 150, Fees, and the maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Amended 9-3-2005 by Ord. No. O-03-23; 10-9-2007 by Ord. No. O-07-31]
The number of licenses set forth above shall change from time to time, without the necessity of further ordinance amendment, to reflect the maximum number of each class of license permitted to be issued by the Township pursuant to the pertinent New Jersey statutes. The annual fees shall apply to licenses issued in each year. The annual fee shall be the maximum license fee allowed by the pertinent New Jersey statute.
[Added 6-28-2005 by Ord. No. O-05-14]
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 construct and establish a new hotel or motel containing 100 guest sleeping rooms.
The plenary retail consumption license for a new qualified hotel or motel, which has not already received a license prior to the effective date of this section, shall be publicly bid on, based on such terms as the Township Committee may establish by resolution in accordance with the procedures, including notice, set forth in N.J.S.A. 33:1-19.1 et seq.
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.
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 transfer to another premises.
No retail licensee shall allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverages in or upon the licensed premises on any day of the week between the hours of 2:00 a.m. and 8:00 a.m., and on Sunday between the hours of 2:00 a.m. and 10:00 a.m.
The sale of malt alcoholic beverages and wine in original containers for off-premises consumption by a retail licensee with such license privilege is permitted during any period that the sale of any alcoholic beverage in open containers for on-premises consumption is authorized in §§ 71-8 and 71-11. Package sales of any other type of alcoholic beverage is permitted only between 9:00 a.m. and 10:00 p.m. on any day of the week and on Sunday between 12:00 noon and 10:00 p.m.
The provisions of § 71-8 shall not apply on January 1 or December 25. On those days, no alcoholic beverages shall be sold, served or delivered to any patron or consumed in any licensed premises between 3:00 a.m. and 8:00 a.m. unless either day is on a Sunday; in which case, no alcoholic beverages shall be sold, served, delivered to or consumed in a licensed premises between the hours of 5:00 a.m. and 12:00 noon.
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverage to any actually or apparently intoxicated person or any person under the legal age to purchase and consume alcoholic beverages; nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons or permit any such persons to congregate in or about the licensed premises.
The provisions of §§ 71-8 and 71-10 shall not apply to the issuance of a plenary retail transit license. A plenary retail transit license shall be issued only for limousine service and shall apply only to the particular limousine for which the license is issued. Said license may be issued to a Class C licensee whose license privilege permits the sale of alcoholic beverages in original containers for off-premises consumption. In order to qualify for the issuance of the license, the limousine must have installed what is commonly referred to as a "car bar" or similar device for the purpose of providing liquor service to passengers. The term "limousine" shall mean a motor vehicle with a capacity of not more than nine passengers offered for hire to transport persons to a specific place or motor vehicle furnished as an accommodation for a patron in connection with a business purpose.
[Amended 1-25-2005 by Ord. No. O-05-4]
Purchase of alcoholic beverages by a minor. No minor shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
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 licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
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.
[Amended 12-27-2005 by Ord. No. O-05-48]
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.
Possession. No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the Township.
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.
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.
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 by Ord. No. O-00-25 (§ 6-22 of the Revised General Ordinances)]
The purpose of this article is to provide for the enforcement of P.L. 2000 c.33. (N.J.S.A. 40:48-1.2)
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.
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. The court may, in addition to the fine authorized for this offense, 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 article. 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 a 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.
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 date of the license suspension period imposed by the court.
The court shall 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, the 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 or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
The court shall, of any person convicted under this article who is not a New Jersey resident, suspend 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 article. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
This article does not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing 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.
This article does not prohibit possession of alcoholic beverages by 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 preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, no ordinance enacted pursuant to this article shall be construed to preclude the imposition of a penalty under this article, 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.
Editor's Note: Former Art. III, Registration of Beer Kegs Before Sale, consisting of §§ 71-21 through 71-27, adopted 5-22-2007 by Ord. No. O-07-11, which immediately followed this subsection, was repealed 12-18-2007 by Ord. No. O-07-37.