[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
|
[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.
