Chapter 26. Alcoholic Beverages

Chapter 26 ALCOHOLIC BEVERAGES

ARTICLE I Hours

§ 26-1. Prohibited hours of sale, service or delivery.

§ 26-2. Times licensed premises to be closed; exception as to club licensees.

s 26-3. Prevailing time.

§ 26-3.1. Closing licensed premises.

§ 26-4. Violations and penalties.

§ 26-5. Repealer.

§ 26-6. When effective.

ARTICLE II Plenary Retail Consumption and Distribution Licenses

§ 26-7. Number of licenses limited.

§ 26-8. Repealer.

§ 26.9. Severability

§ 26-9.1 When effective.

ARTICLE III Class C Club Licenses

§ 26-10. Number of licenses limited.

§ 26-11. Repealer.

§ 26-12. When effective.

ARTICLE IV License Fees

§ 26-13. Fees established.

§ 26-14. When fees to take effect.

§ 26-15. Repealer.

§ 26-16. When effective.

ARTICLE V Use by Minors

§ 26-17. Minors entering premises with intent to purchase.

§ 26-17.1 Definitions.

§ 26-18 Consumption by minors unlawful.

§ 26-19. Misrepresentation or misstating of age.

§ 26-20. Conspicuous posting of notice.

§ 26-21. Violations and penalties.

§ 26-22. When effective.

ARTICLE VI Consumption in Public; Open Containers

§ 26-23. Consumption in public places; discarding of containers.

§ 26-24. Possession of open containers in public places.

§ 26-25. Violations and penalties.

§ 26-26. Repealer.

§ 26-27. Severability.

§ 26-28. When effective.

ARTICLE VII Location of Licensed Premises

§ 26-29. Distance Between Premises [Amended on 03-10-08 by Ord. O-08-06]

§ 26-30. Repealer.

§ 26-31. Severability.

§ 26-32. When effective.

[HISTORY: Adopted by the Township Council of the Township of Gloucester: Article I, 12-18-40 as Ord. No. 124; Article II, 3-12-46 as Ord. No. 137; Article III, 7-19-56 as Ord. No. 204; Article IV, 5-7-51 as Ord. No. 163; Article V, 2-16-56 as Ord. No. 196. Adopted by the Township Council of the Township of Gloucester: Article VI, 12-17-76 as Ord. No. 0-76-31: Article VII, 9-26-83 as Ord. No. 0-83-39. Amendments noted where applicable.]

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

ARTICLE I Hours

[Adopted 12-18-40 as Ord. No. 124]

§ 26.1 Prohibited hours of sale, service or delivery.

[Amended 12-18-72 by Ord. No. 444, 2-6-73 by Ord. No. 0-73-2]

No Licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, or allow the consumption of any alcoholic beverage, on licensed premises on Christ­mas Day when it is a weekday, between the hours of 3:00 am and 7:00 am; on New Year's Day when it is a weekday, between the hours of 5:00 am and 7:00 am; on other weekdays between the hours of 3:00 am and 7:00 am; or on Sunday from 2:00 am until 1:00 pm; and from 2:00 am Monday morning until 7:00 am Monday morning.

§ 26-2. Times licensed premises to be closed; exception as to club licenses.

[Amended 2-6-73 by Ord. No. 0-73-2]

All licensed premises shall be closed on Christmas Day, when it is a weekday, between the hours of 3:00 am and 7:00 am; on New Year's Day, when it is a weekday, between the hours of 5:00 am and 7:00 am; on other weekdays between the hours of 3:00 am and 7:00 am; from 2:00 am Sunday til 1:00 pm Sunday; and from 3:00 am Monday morning until 7:00 am Monday morning; provided, however, that the holders of club licenses may keep their premises open between the hours of 2:00 am Sunday and 3:00 am Monday, but during such hours shall not allow the sale, ser­vice, delivery or consumption of alcoholic beverages, except as permitted under this Article.

§ 26-3. Prevailing time.

The hours herein referred to shall be Eastern standard time, except from 2:00 am on the last Sunday in April until 2:00 am on the last Sunday in September of each year, when they shall be Eastern daylight savings time, which time is one (1) hour in advance of Eastern standard time.

§ 26-3.1 Closing licensed premises.

[Added 9-26-83 by Ord. No. 0-83-39]

A. No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages at retail or allow, permit or suffer the consump­tion of any alcoholic beverages on the licensed premises or allow or suffer the retail licensed premises to be open during the prohibited hours of sale, service or delivery or during the time licensed premises is to be closed as provid­ed in § 26-1 and § 26-2 of this chapter.

B. All patrons and other persons, except the licensee and employees of the licensee whom may remain on the licensed premises for maintenance and cleaning purposes, shall be off the licensed premises thirty (30) minutes after the time the licensed premises is to be closed as provided in § 26-1 and § 26-2 of this chapter.

C. All holders of plenary retail licenses issued by the Township of Gloucester shall, five (5) minutes prior to the closing time, announce the closing of the licensed premises and notify all patrons that they are required to be off the licensed premises thirty (30) minutes after closing.

D. A sign indicating that all patrons are required to be off the licensed premises thirty (30) minutes after closing shall be exhibited in a conspicuous place in the licensed premises of all holders of plenary retail licenses issued by the Township of Gloucester.

E. The thirty-minute period of time after closing during which all patrons are to leave and be off the licensed premises shall not be deemed or construed to extend or otherwise enlarge the prohibited hours of sale, service or delivery or the time at which the licensed premises is to be closed as provided in § 26-1 and § 26-2 of this chapter.

§ 26-4. Violations and penalties.

[Amended 5-20-70 by Ord. No. 392]

Any person who shall violate any provision of this ordinance shall be subject, upon conviction, to a fine of not more than five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both, in the discretion of a court competent jurisdiction.

§ 26-5. Repealer.

All ordinances and resolutions or parts thereof heretofore enacted, establishing the hours during which alcoholic beverages shall not be sold or during which licensed premises shall be closed, are hereby repealed.

§ 26-6. When effective.

This ordinance shall take effect immediately.

Editor's Note: At a referendum held 11-7-50, approval was given to permit the sale of alcoholic beverages in the Township of Gloucester on Sunday between the hours of 12:01 am and 2:00 am and between the hours of 1:00 pm and 12:00 midnight.

ARTICLE II Plenary Retail Consumption and Distribution Licenses

[Adopted 3-12-46 as Ord. No. 137]

§ 26-7. Number of licenses limited.

[Amended 3-17-64 by Ord. No. 307; 12-1-75 by Ord. No. 0-75-48; 10-14-81 by Ord. No. 0-81-42; 8-9-82 by Ord. No. 0-82-18; 2-14-83 by Ord. No. 0-83-1; by Ord. 0-91-5 on 2-25-91; by Ord. 0-91-6 on 2-25-91; by Ord. O-92-56 on 11-9-92, on 03-27-00 by Ord. No. O-00-09][Amended on 05-30-01 by Ord. O-01-17]

A. No more than a total of twenty one (21) Plenary Retail Consumption

Licenses shall be issued and outstanding at the same time in the Township of Gloucester, but such limitation shall not prevent the renewal of license presently outstand­ing or the transfer of such licenses and the renewal of such licenses so transferred.[Amended by Ord. O-01-17 on 05-30-01]

B. No more than a total of eight (8) Plenary Retail Distribution Licenses shall be issued and outstanding at the same time in the Township of Gloucester, but such limitation shall not prevent the renewal of license presently outstanding or the transfer of such licenses and the renewal of such licenses so transferred. [Amended by Ord. O-01-17 on 05-30-01]

§ 26-8. Repealer.

All ordinances or parts of ordinances inconsistent with the terms hereof be and the same are hereby repealed.

§ 26.9. Severability.

If any article, section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision or invalidity shall not affect the remaining portions of this ordinance.

§ 26-9.1 When effective.

This ordinance shall take effect upon its publication after final passage as provided by law.

ARTICLE III Class C Club Licenses

[Adopted 7-19-56 as Ord. No. 204]

§ 26-10. Number of licenses limited.

[Amended 8-4-67 by Ord. No. 351; 2-25-77 by Ord. No 0-77-4; 3-8-82 by Ord. No. 0-82-5A; 2-14-83 by Ord. No. 0-83-1; 4-11-83 by Ord. No. 0-83-10]

Hereafter, there shall be authorized to be issued a total of no more than twelve (12) Class C licenses in the Township of Gloucester, and no more than such number shall be issued and outstanding at the same time.

§ 26-11. Repealer.

All ordinances or parts of ordinances and all rules, regulations and resolutions heretofore adopted by the Township of Gloucester inconsistent with the terms hereof be and the same are hereby repealed to the extent of such inconsistency only.

§ 26-12. When effective.

This ordinance shall take effect immediately upon final passage and publication in accordance with law.

ARTICLE IV License Fees

[Adopted 5-7-51 as Ord. No. 163]

§ 26-13. Fees established.

[Amended 5-20-70 by Ord. No. 392; 7-7-71 by Ord. No. 407; 12-1-75 by Ord. No. 0-75-48; 2-25-77 by Ord. No.0-77-4; 5-11-81 by Ord. No. 0-81-11; 5-10-82 by Ord. No. 0-82-9; 2-14-83 by Ord. No. 0-83-1; 5-30-84 by Ord No. 0-84-27; 4-11-85 by Ord. No. 0-85-19; 6-9-86 by Ord. No. 0-86-13.] "continued" May 27, 1987 by Ord. 0-87-17. May 25, 1988 by Ord. 0-88-22. Feb. 27, 1989 by Ord 0-89-8. March 27,l989 by Ord. 0-89-12 [Amended on 04-26-04 by Ord. O-04-10]

"The fees for the issuance of the hereinafter named Alcoholic Beverage licenses, under the terms of the rules and regulations now enforced in the Township be and are hereby fixed as follows:

A. Class C Plenary Retail Consumption License.

The fee for this license shall be the sum of Two Thousand Four Hundred Dollars. ($2,400.00) per annum

B. Class C Plenary Retail Distribution License.

The fee for this license shall be the sum of One Thousand Two Hundred Dollars (1,200.00) per annum.

C. Class C Club License.

The fee for this license shall be the sum of One Hundred Eighty Dollars ($180.00) per annum.

§ 26-14. When fees to take effect.

[Amended 7-7-71 by Ord. No. 407; 2-14-83 by Ord. No. 0-83-1, On 5-30-85 by Ord 0-85-27; 0-86-13 on 6-9-86]

" The fees specified herein shall become effective upon the adoption date of this ordinance and shall apply to all applications for renewal and all subsequent applications for the above Liquor Licenses, unless and until the same shall be changed as provided by law."

§ 26-15. Repealer.

All ordinances or parts of ordinances and all such regulations, resolutions or rules heretofore adopted by the Township of Gloucester inconsistent with the terms hereof be and the same are hereby repealed to the extent, however, of such inconsistency only.

§ 26-16. When effective.

This ordinance shall take effect immediately as provided by law.

ARTICLE V Use by Minors

[Adopted 2-16-56 as Ord. No. 196]

§ 26-17. Minors entering premises with intent to purchase.

It shall be unlawful for a minor to enter any premises licensed for the retail sale of alcoholic beverages in the Township of Gloucester for the purpose of purchasing or having served or delivered to him or her any alcoholic beverages.

§ 26-17.1 Definitions;

[Added 9-26-83 by Ord. No. 0-83-39]

As used in this ordinance the following terms shall have the meanings indicated:

MINOR - Any person under the age prescribed by N.J.S.A. 33:1-1 et seq. or the Regulations of the Division of Alcoholic Beverage Control to whom a licensee is prohibited to sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, or by whom a licensee is prohibited to allow, permit or suffer the consumption of any alcoholic beverage in or upon the licensed premises.

§ 26-18. Consumption by minors unlawful.

It shall be unlawful for a minor to consume any alcoholic beverages on premises for the retail sale of alcoholic beverages or to purchase or have another purchase for him or her any alcoholic bever­age.

§ 26-19. Misrepresentation or misstating 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 licensee or employee of any licensee to sell, serve or deliver any alcoholic beverage to a minor.

§ 26-20. Conspicuous posting of notice.

All holders of plenary retail consumption licenses issued by the Township of Gloucester shall cause at least one (1) copy of this ordinance to be exhibited in a conspicuous place in the licensed premises.

§ 26-21. Violations and penalties.

[Amended 5-20-70 by Ord. No. 392]

Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be punishable by a fine not exceeding five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both, in the discretion of a court of competent jurisdiction.

§ 26-22. When effective.

This ordinance shall take effect immediately upon its adoption and publication according to law.

ARTICLE VI Consumption in Public; Open Containers

[Adopted 12-17-76 as Ord. No. 0-76-31]

§ 26-23. Consumption in public places; discarding of containers.

Any person who shall consume alcoholic beverages while in or on a public street, lane, sidewalk, public parking lot, public or qua­si-public place or in any public conveyance; or while in a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot; or while upon any private property not his own without the express permission of the owner or other person having authority to grant such permission; and any person who shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner, is a disorderly person.

§ 26-24. Possession of open containers in public places.

No person shall have in his possession any open bottle or other container containing liquor, wine, beer or any other alcoholic bever­ages while on any public highway, public street, public sidewalk, public parking lot or lot, playground, park or other property owned by, belonging to, or over which the Township of Gloucester has con­trol, or in any vehicle or any public place in the Township of Gloucester, except those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.

§ 26-25. Violations and penalties.

Any person who shall violate the provisions of this ordinance shall, upon conviction, be punished by a fine of not more than two hundred dollars ($200.) or be imprisoned for not more than thirty (30) days, or both.

§ 26-26. Repealer.

All ordinances and provisions thereof inconsistent with the provisions of this ordinance shall be and are hereby repealed to the extent of such inconsistency.

§ 26-27. Severability.

If any Article, section, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision or invalidity shall not affect the remaining portions or provisions of this ordinance.

§ 26-28. When effective.

This ordinance shall take effect immediately after final passage and publication in accordance with the laws of the State of New Jersey.

ARTICLE VII Location of Licensed Premises

[Adopted 9-26-83 as Ord. No. 0-83-39]

[Amended on 03-10-08 by Ord. O-08-06]

§ 26-29. Distance Between Premises

No plenary retail distribution license shall be issued or transferred to premises

located within one thousand (1,000) feet of another plenary retail distribution license, however, that nothing herein shall prevent renewal of person-to-person transfers on existing licenses. The distance herein above set forth shall be measured in a normal way that a pedestrian would lawfully walk from the nearest entrance of the licenses premises to the nearest entrance of the premises sought to be licensed. This provision shall not apply to club licenses nor shall it apply where the premises from which and to which a license is to be transferred are both within one thousand (1,000) feet of another existing premises which has a plenary retail consumption license. Further, this provision shall not apply to a plenary retail distribution license being within one thousand (1,000) feet of a plenary consumption license and this provision shall not apply to a plenary consumption license being within one thousand (1,000) feet of a plenary retail distribution license.

Nothing in this section shall be interpreted to prevent a plenary consumption license from being within one thousand (1,000) feet from another plenary consumption license.

§26-30 Repealer.

All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§26-31 Severability.

If any section, subsection or part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of the ordinance.

§26-32 When Effective.

This ordinance shall take effect immediately after final passage and publication as required by law