Chapter 57 ALCOHOLIC BEVERAGES Part 1 General Provisions ARTICLE I Licenses and Fees 57-1. License required. 57-2. Classes of licenses; number. 57-3. License fees; method of payment. 57-4. Compliance with statutory and ordinance provisions. 57-5. Display of license; prohibited use. 57-6. Defacement or alteration of license. 57-7. Prohibited hours of sale. 57-8. Sale restrictions. 57-9. Disturbances or nuisances. 57-10. Illegal lotteries. 57-11. Illegal gambling. 57-12. View of interior of premises. 57-13. Violations and penalties. ARTICLE II Hours of Sale ARTICLE III Regulation of Premises ARTICLE IV Penalties Part 2 Property Owned or Leased by Township ARTICLE V User, Consumption and Sale Restrictions 57-14. General restrictions. 57-15. Circumstances under which use, consumption or possession allowed. 57-16. Sale prohibited. 57-17. Violations and penalties. Part 3 Minors ARTICLE VI Consumption by Underaged Persons on Private Property
57-18. Definitions. 57-19. Consumption or possession prohibited. 57-20. Violations and penalties; suspension or postponement of driving privileges. 57-21. Exceptions. [HISTORY: Adopted by the Township Committee (now Township Council) of the Township of East Hanover as indicated in article histories. Amendments noted where applicable.] Parks and public property - See Ch. 112. Peace and good order - see Ch. 115. 57-1. License required. GENERAL REFERENCES Part 1 General Provisions [Adopted 5-17-1973 as Ch. 3 of the Revised Ordinances] ARTICLE I Licenses and Fees No person shall sell or distribute within the corporate limits of the township any alcoholic beverages without first having obtained a license for said purpose, issued pursuant to this chapter and state law. 57-2. Classes of licenses; number. A. The classes of licenses to be issued by the township are hereby fixed as follows: (1 ) Plenary retail consumption license. (2 ) Plenary retail distribution license. (3) Club liquor license. [Added 4-8-2013 by Ord. No. 2-2013] B. Pursuant to N.J.S.A. 33:1-12.20, the number of plenary retail consumption licenses to be issued in the Township of East Hanover shall not affect, be counted as part of, nor prevent the issuance of a new plenary retail consumption license to a person who operates a hotel or motel containing one hundred (100) guest sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least one hundred (100) guest sleeping rooms; provided, however, that there shall be no renewal or transfer of such-a new license except for or to premises operated as a hotel or motel containing at least one hundred (100) guest sleeping rooms. The purpose of this subsection is to create, pursuant to statutory law, an exclusive plenary retain consumption license issued only and governed by this subsection and that statutory criteria. [Added 7-19-79 by Ord. No. 22-1979] C. Club liquor license. [Added 4-8-2013 by Ord. No. 2-2013] (1) Club licensed; definitions. For the purpose of this section, terms and words defined herein shall be deemed to have the meaning herein given to them and in accordance with N.J.A.C. 13:2-8.1 et seq.:
CLUB An organization, corporation or association controlled by and consisting of 60 or more persons, of legal drinking age, operating solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain. CLUB MEMBER Any individual in good standing who has been admitted to voting membership in the manner regularly prescribed by the bylaws of a club, and who maintains such membership in a bona fide manner and whose name and address are entered on the list of members. No individual shall be eligible for such club membership unless he has filed written application with the appropriate body, as set forth in said body at least three days subsequent to the filing thereof. Persons holding limited or auxiliary club membership shall not be deemed to be club members. GUEST OF CLUB MEMBER An individual who is expressly invited to the club-licensed premises by and individual member of the club who is sponsored by and personally attended by the member at such premises. An individual club member may have as his guest no more than nine individuals on any one occasion unless such individuals are attending a private affair, such as a wedding, anniversary, confirmation, bar mitzvah or birthday party, honoring a spouse, child, parent, brother or sister of a club member. (2) Club licenses; issuance requirements; regulations and restrictions. (a) Club licenses shall be issued only to bona fide clubs. Evidence which shall be presented to the local issuing authority showing that any club or like association was purchased by any person for the purpose of acquiring a club license shall be just cause for the local issuing authority to reject an application for a club license. (b) Except as provided herein or in N.J.A.C. 13:2-8.5, no license shall be issued to any club unless it shall have been in exclusive possession and use of a clubhouse or club quarters for at least three years continuously immediately prior to the submission of its application for a license. A bona fide club which has been in active operation in this state for the period of time required as aforesaid, but which has been deprived of continuous possession and use of its clubhouse or club quarters by reasons of foreclosure, loss of lease, eminent domain, fire, casualty or other removal for a cause other than the violation of the laws of the state or of municipal ordinance, shall not be prevented thereby from obtaining a club license upon presenting to the satisfaction of the issuing authority proof of said facts and proof that possession of suitable premises has been obtained. (c) Notwithstanding the provisions of Subsection C(2)(b), of this section: [1] Any constituent unit, chartered or otherwise duly enfranchised chapter of member club of a national or state order, organization or association, which is in possession of suitable premises; shall not be prevented from obtaining a club license by reason of the fact that the unit, chapter or member club has not been in active operation in this state for at least three years continuously or has not been exclusive continuous possession and use of a clubhouse or club quarters for the same period of time, provided said unit, chapter or member club obtains from the Director, and presents to the issuance of the license, a certificate stating that satisfactory proof has been submitted to the Director that said unit, chapter or member club has been duly credentialed by a national or state order, organization or association which has been in active operation in this state for at least three years continuously immediately prior to submission of the application for a license. [2] Nothing in the provisions of Subsection C(2)(b) of this section and N.J.A.C. 13:2-8.3 or 13:2-8.4 shall prevent the issuance of a club license to a bona fide club, provided that special cause for such issuance is shown, in writing, to the Director, and provided that the Director s written approval of such issuance is first obtained.
(d) The holder of a club liquor license shall comply in all aspects and at all times with the provisions of N.J.A.C. 13:2-8.1 at seq., and the directives of the Division of Alcoholic Beverage Control. Failure to do so may result in the immediate revocation of said license. 57-3. License fees; method of payment. A. The annual fees for licenses shall be as set out in Chapter 79, Fees and Licenses. [Amended 12-29-1977 by Ord. No. 40-1977;8-17-1982 by Ord. No. 24-1982] B. All license fees shall be paid to the Treasurer of the township in cash or by certified check. 57-4. Compliance with statutory and ordinance provisions. All premises for which a license is sought from the Township Committee shall comply with all of the laws of the State of New Jersey and of the township pertaining to sanitation and health, as well as with all of the laws of the State of New Jersey and the township now existing or hereafter adopted pertaining to the licensed premises generally and to the use and occupancy of the licensed premises. 57-5. Display of license; prohibited use. A. Before any licensee shall do business for the period of time for which the license has been issued, the licensee shall enclose the license in a suitable wood or metal frame having a clear glass space and a substantial wood or metal back so that the whole of the license may be seen therein. B. The license shall be posted and displayed at all times in a conspicuous place in the main and principal room where the licensee's business is being carried on so that all persons visiting the licensed premises may readily see the license C. It shall be unlawful for any person holding a license to post the license or permit the license to be posted on premises other than the premises licensed, or on premises where traffic in alcoholic beverages is being carried on by any person other than the licensee, his servant, agent or employee. 57-6. Defacement or alteration of license. It shall be unlawful for any licensee to deface, destroy or alter the license issued by the Township Committee. 57-7. Prohibited hours of sale. ARTICLE II Hours of Sale A. No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages on the licensed premises, or allow, permit or suffer the consumption of any alcoholic beverages on the licensed premises, between the following hours on the following days: (1) On New Year's Day when it is a Sunday, between the. hours of 5:00 a.m. and 1:00 p.m. (2) On weekdays, between the hours of 2 : 00 a.m. and 7: 00 a.m. (3) On Sundays, between the hours of 2 : 00 a.m. and 1: 00 p.m. B. When New Year's Day is a weekday, a licensee may sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages on the licensed premises, or allow, permit or suffer the
consumption of any alcoholic beverages on the licensed premises, for the entire duration of said New Year's Day. 57-8. Sale restrictions. ARTICLE III Regulation of Premises No licensee shall sell, serve or deliver, or allow, permit or suffer the sales service, consumption or delivery of, any alcoholic beverage, directly or indirectly, to the following: A. Any person under the legal age for purchasing alcoholic beverages. [Amended 8-17-1982 by Ord. No. 24-1982] B. Any person who is intoxicated or under the influence of a controlled dangerous substance drug. [Amended 8-17-1982 by Ord. No. 24-1982] C. Any habitual drunkard. D. Any known mental defectives. E. Any prostitutes. F. Any female impersonators. 57-9. Disturbances or nuisances. No licensee shall allow, permit or suffer in or upon the licensed premises any disturbances, brawls or unnecessary noises, nor allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance. 57-10. Illegal lotteries. No licensee shall allow, suffer or permit any 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, except as permitted by the state law concerning legalized games of chance. 1 57-11. Illegal gambling. No licensee shall engage in or allow, permit or suffer any unlawful game or gambling of any kind, or any device or apparatus designed for any such purpose, on or about the licensed premises. 57-12. View of interior of premises. No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage at a bar not in full view from the public thoroughfare or from a place to which the public is freely admitted. 57-13. Violations and penalties. ARTICLE IV Penalties
Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable by a fine not exceeding five hundred dollars ($500.) or by imprisonment for a term not exceeding ninety (90) days, or both. 1 Editor's Note: See N.J.S.A. 5:8-1 et seq., Legalized Games of Chance, and N.J.S.A. 5:9-1 et seq., State Lottery. Part 2 Property Owned or Leased by Township [Adopted 6-18-1987 as Ord. No. 16-1987] 57-14. General restrictions. ARTICLE V Use, Consumption and Sale Restrictions The use, consumption or possession of alcoholic beverages on property owned or leased by the Township of East Hanover, except as expressly permitted by this Part 2, is hereby prohibited. 57-15. Circumstances under which use, consumption or possession allowed. A. The use, consumption or possession of alcoholic beverages on property owned or leased by the Township of East Hanover, with the exception of Lurker Park, is permitted only at functions organized and sponsored by the agency, department or organization which occupies the building or structure located on the property owned or leased by the Township of East Hanover. In no event shall the use, consumption or possession of alcoholic beverages be permitted at any function open to the general public. B. The use, consumption or possession of alcoholic beverages at property commonly known as Lurker Park is prohibited unless the party seeking permission performs the following. (1) Applies for and receives a one-day liquor license permit, which shall be issued only upon a resolution of the Township Committee authorizing the same. (2) Submits a certificate of insurance satisfactory to the Township Attorney. (3) Executes an indemnification or hold-harmless agreement satisfactory to the Township Attorney. 57-16. Sale prohibited. The sale of alcoholic beverages on any property owned or leased by the Township of East Hanover is prohibited at all times and under all circumstances. 57-17. Violations and penalties. Violations of this Part 2 shall be punishable by a fine not to exceed five hundred dollars ($500.). 57-18. Definitions. Part 3 Minors [Adopted 5-14-2007 by Ord. No. 5-2007] ARTICLE VI Consumption by Underaged Persons on Private Property
As Used in this article, the following terms shall have the meanings indicated: GUARDIAN A person who has qualified as the guardian of the underaged person pursuant to testamentary or court appointment. RELATIVE The underaged person s grandparent, aunt or uncle, sibling, or other person related by blood or affinity. UNDERAGED PERSON and PERSONS UNDER THE LEGAL AGE One who has not attained the age of 21 years and who does not have a right pursuant to N.J.S.A 9:17B-1.b. to purchase and consume alcoholic beverages. 57-19. Consumption or possession prohibited. It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property. 57-20. Violations and penalties; suspension or postponement of driving privileges. A. All terms used in this section shall have the meanings set forth in N.J.S.A 40:48-1.2. B. Any person who is found to have violated this article shall be subject to the following penalties, which shall be imposed in the manner set forth in N.J.S.A. 40:48-1.2: a fine not more than $250 for a first offense, and a fine of not more than $350 for any subsequent offense. The court, in addition to imposing a fine, may suspend or postpone driving privileges for a term of not more than six months, and the court may also require up to 180 days of community service. C. Upon the conviction of any person and the suspension or postponement of that person s driving privilege, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court. If a person at the time of imposition of the sentence is less than 17 years of age, the period of license postponement 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. D. If the person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Motor Vehicle Commission the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement. E. In the event a suspension or postponement of driving privilege is ordered, the court shall immediately collect the defendant s driver s license certificate and forward it to the Motor Vehicle Commission. If for any reason the license certificate cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the defendant as wells as the first and last date of the license suspension period imposed by the court. F. In the event a suspension or postponement of driving privilege is ordered, 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 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 give 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. 57-21. Exceptions.
This article shall not apply to nor prohibit: A. Any underaged person from consuming or possessing and alcoholic beverage in connection with a religious observance, ceremony, or rite. B. An underaged person consuming or possessing and 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. C. An underaged person from possessing alcoholic beverages while actually engaged in the performance of employment by the 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 postsecondary educational institution; provided, however, that this article shall not be construed to preclude the imposition of a penalty under this section, 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.