Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 12-3-1974 by Ord. No. 1438 as Ch. VI of the 1974 Revised General Ordinances]
This Article is adopted to effectively carry out the provisions, purposes and intent of an act of the legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments (N.J.S.A. 33:1-1 to 33:1-96), as well as the general rules and regulations, special rulings and findings from time to time promulgated by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey.
For the purpose of this Article, the words and terms used herein shall be deemed to have the meanings accorded them by N.J.S.A. 33:1-1 to 33:1-96 and the rules and regulations from time to time promulgated by the Director of the Division of Alcoholic Beverage Control.
A. 
Laws governing. All applications for licenses under this Article and all licenses issued and proceedings held hereunder shall be subject to the aforesaid act and the rules and regulations of the State Director.
B. 
Issuance. The Township Committee shall constitute the authority for the administration of the issuance of licenses under this Article and shall forthwith report the issuance of all such licenses to the Director of the Division of Alcoholic Beverage Control.
C. 
Number of licenses. The number of licenses shall be as follows:
[Amended 7-19-1977 by Ord. No. 1497]
Type of License
Number
Plenary retail consumption
5
Plenary retail distribution
12
Club
2
Seasonal retail consumption
None
Limited distribution
None
D. 
License fees. License fees shall be as provided in Chapter 123, Fees.
[Amended 8-1-1995 by Ord. No. 1977]
[Added 3-2-1993 by Ord. No. 1909]
A. 
No licensee shall engage in or shall employ, allow, permit or suffer any person to perform dancing or other entertainment, in or upon the premises of any establishment licensed for the sale or distribution of alcoholic beverages, in a lewd, licentious or lascivious manner.
B. 
No licensee shall engage in or shall employ, allow, permit or suffer any person to appear on the premises of any establishment licensed for the sale or distribution of alcoholic beverages, in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with either or both breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
C. 
No licensee shall employ, allow, permit or suffer any waitress, waiter or other employee who comes in contact with or is likely to come in contact with the patrons of any establishment licensed for the sale and distribution of alcoholic beverages to appear in the presence of such patrons with either or both breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
D. 
Violations and penalties. A violation of any of the provisions of this section shall be punishable upon conviction by a fine of $500 or imprisonment not to exceed 15 days, or both. Each and every day such violation exists shall constitute a separate offense.
E. 
Severability. In the event that any provision of this section shall be declared invalid by any court of competent jurisdiction, such declaration of invalidity shall not affect the remaining provisions of this section except insofar as such provision of this section as is declared invalid shall be inseparable from the remainder of any provision thereof.
F. 
Inconsistent ordinances repealed. Any ordinances or amendments thereto which are in conflict with or inconsistent with the terms of this section are hereby repealed to the extent that they are in conflict with or inconsistent with the terms of this section.
G. 
When effective. This section shall take effect after final passage and publication as required by law.
[Amended 6-16-1981 by Ord. No. 1578; 9-1-1981 by Ord. No. 1584; 11-21-2006 by Ord. No. 2373-06]
A. 
Hours permitted.
(1) 
No plenary retail consumption licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on weekdays between the hours of 2:00 a.m. and 7:00 a.m. or on Sundays between the hours of 2:00 a.m. and 10:00 a.m.
[Amended 1-18-2011 by Ord. No. 2655-11]
(2) 
The provisions of Subsection A(1) notwithstanding, plenary retail consumption licensees shall be permitted extended hours of operations as follows: When New Year’s Day falls on a Sunday, the prohibited hours shall be 2:00 a.m. to 7:00 a.m.
(3) 
No plenary retail distribution licensee shall sell, serve, or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage on weekdays prior to 9:00 a.m. or subsequent to 10:00 p.m. or on Sundays prior to 12:00 noon or subsequent to 6:00 p.m.
(4) 
The provisions of Subsection A(3) notwithstanding, plenary retail distribution licensees shall be permitted extended hours of operation when December 24 and December 31 fall on a Sunday, in which case no plenary retail distribution licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages prior to 10:00 a.m. or subsequent to 8:00 p.m.
(5) 
On that date when there shall be a change of time from Eastern Standard Time to Daylight Savings Time, advancing the clock, Eastern Standard Time shall prevail, and when there shall be a change from Daylight Savings Time to Eastern Standard Time, Daylight Savings Time shall prevail.
(6) 
This section shall not apply to sales by holders of club licenses.
B. 
Additional regulations. During the hours that sales are prohibited, the entire licensed premises shall also be closed and no person shall be permitted to remain or enter thereon except the licensee and bona fide employees of the licensee, but this closing of premises requirement shall not apply to establishments where the principal business or activity is other than the sale of alcoholic beverages.
A. 
Minors on premises. It shall be unlawful for any minor to enter any premises located in the Township which is licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her any alcoholic beverage.
B. 
Consumption by minors. It shall be unlawful for any minor to consume any alcoholic beverage on premises so licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage.
C. 
Misrepresentation of age. It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee, or an employee of a retail licensee, to sell, serve or deliver any alcoholic beverage to a minor.
D. 
Responsibility of parent or guardian. A parent, or guardian if there is no parent, of any minor charged with a violation of any of the provisions of this Article may, if the Township Judge in his discretion deems it advisable, be required to attend the hearing of the complaint, if such parent or guardian is a resident of this state. For the purpose of compelling attendance, the Judge is hereby authorized and directed to cause a parent or guardian of the minor to attend the hearing by issuing appropriate subpoenas to compel attendance. It shall be sufficient compliance with the provisions hereof if one of the parents or one of the guardians attends the hearing pursuant hereto.
E. 
Sales to minors prohibited. No holder of a retail license for the sale of alcoholic beverages, nor his employee or agent, shall sell, serve or deliver any alcoholic beverage, directly or indirectly, to a minor, nor shall a licensee allow, permit or suffer the sale, service or delivery to or consumption of any alcoholic beverage by any minor upon premises licensed for the retail sale of alcoholic beverages.
If an employee or agent of a licensee authorized to sell, serve or deliver alcoholic beverages at retail shall sell, serve or deliver such beverages in violation of this Article, the sale, service or delivery shall be deemed the act of the licensee as well as that of the employee or agent, and the licensee as well as the employee or agent shall be liable to any penalties provided by this Code.
The penalty for violation of any provision of this article shall be as elsewhere provided in this Code.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. II.