The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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Fee

Licenses

Plenary retail

1978

$

720.00

consumption

1979

864.00

license

1980

l,036.00

1981

1,243.00

1982

1,490.00

1983

1,785.00

1984

2,000.00

2003

2,400.00

2004

2,500.00

4502

3-04

& 45-5

ALCOHOLIC BEVERAGES

& 45-7

Class of

Year Com m encing

Annual License

Num ber of

License



         July 1



Fee

Licenses

Plenary retail

1978

516.00

distribution

1979

619.00

license

1980

742.00

1981

890.00

1982

1,068.00

1983

1,281.00

1984

1,537.00

1985

1,844.00

1986

2,000.00

2003

2,400.00

2004

2,500.00

Club license

1978

180.00

1979

150.00

2003

125.00

The provisions of this section with respect to the limitation on the number of licenses shall not

apply to the renewal or transfer of licenses presently issued.

& 45-6.

Licenses for hotels and motels. [Added 9-13-65 by Ord. No. 65-30;

amended 7-12-71 by Ord. No. 71-136A]

The limitation on the number of licenses set forth in & 45-5 shall not prevent the issuing of a plenary

retail consumption license to a person operating a hotel or motel containing one hundred (100) sleeping

rooms or more under the following conditions:

With each original application or application for a transfer of a license issued under this section,

the applicant shall furnish the Township Council with seven (7) detailed sketches of the hotel

of sufficient size to plainly show the designated sleeping rooms, the size of each room,

entrances, exits, fire precautionary devices and the location and designation of all other rooms

in the hotel. Each sketch shall be certified by a licensed architect.

The sleeping-room areas shall strictly conform to the requirements of all applicable ordinances

of the Township of East Brunswick and laws of the State of New Jersey.

C. A license issued pursuant to the provisions of this section shall not be transferred except

to another hotel or motel containing one hundred (100) sleeping rooms or more.

& 45-7.

Restrictions on location. [Amended 9-26-05 by Ord. No. 05-31]

Restrictions. No plenary retail consumption license or plenary retail distribution license shall

be issued, or a place-to-place transfer of an existing license granted, for the sale of alcoholic

beverages upon premises which are within seven hundred fifty (750) feet of any existing

premises licensed for the sale of alcoholic beverages under another plenary retail consumption

or plenary retail distribution license, the distance being measured from the nearest entrance

of the nearest licensed premises to the nearest entrance of the premises sought to be licensed

in the normal way that a pedestrian would properly walk, as provided in N.J.R.S. 33:1-76.

4503

3-06

& 45-7

EAST BRUNSWICK CODE

& 45-8

Exceptions. Subsection A shall not apply in the following cases:

(1)

The renewal or person-to-person transfer of any plenary retail consumption

license or plenary retail distribution license which is in existence at the time

of the adoption of this chapter.

(2)

The transfer of a license to another place within five hundred (500) feet,

measured in the manner provided in Subsection A, of the premises for which

the license was granted where the licensee has been forced to vacate the

licensed premises for any reason not under his/her control which could not

have been foreseen when the license was granted. Once a transfer is

granted under this section, future transfers of the same license shall be only

to a place within five hundred (500) feet of the premises initially licensed and

vacated. Place-to-place transfers under the provisions of this subsection are

not a matter of right, but shall be granted only in the discretion of the

Township Council. [Amended 9-26-05 by Ord. No. 05-29]

(3)

A licensee who has been permitted to relocate within seven hundred fifty

(750) feet of another licensed premises in accordance with Subsection B(2)

shall have the same right to expand or enlarge the premises covered by

his/her license as he/her would had he/she remained at the premises initially

licensed and vacated. [Amended 9-26-05 by Ord. No. 05-31]

(4)

The issuance, transfer or renewal of any license in the following zone

districts: HC-2 (General Highway Commercial District), HC-3 (Highway

Commercial Shopping Center District), and MXD (Mixed Use District). [Added

9-26-05 by Ord. No. 05-31]

& 45-8.

Hours of operations.

In general. No alcoholic beverages shall be sold, served, delivered or consumed on any

licensed premises between the hours of 2:00 a.m. and 12:00 noon on Sundays, and

between the hours of 2:00 a.m. and 7:00 a.m. on other days. [Amended 3-11-74 by Ord.

No. 74-136-B]

New Year's Day. The provisions of Subsection A shall not apply on January 1. On that

day alcoholic beverages may be sold, served, delivered and consumed at any time, except

when January 1 is a Sunday, in which case no alcoholic beverages may be sold, served,

delivered or consumed on a licensed premises between the hours of 5:00 a.m. and 1:00

p.m.

C. Closing of premises. During the hours that sales are prohibited by this section, the entire

licensed premises shall be closed to all persons other than owners of the business and

their employees. This provision shall not apply to any premises licensed under a club

license or to any licensed premises where a restaurant, market, hotel or bowling alley is

conducted. The foregoing places may remain open during the prohibited hours in order

to carry on normal business activities, except the sale of alcoholic beverages. If the

premises remains open, however, the bar and any other place upon the licensed premises

from which the sale or service of alcoholic beverages is made shall be closed, and no

person other than an employee or owner of the business shall either be behind the bar or

seated or standing next to the bar. [Amended 2-10-86 by Ord. No. 86-729]

4504

3-06

& 45-9

ALCOHOLIC BEVERAGES

& 45-10

& 45-9.

Minors.

Presence.

(1)

No person under the age prescribed by law or state regulation for the purchasing of

alcoholic beverages shall be allowed in any premises where alcoholic beverages are

sold or served for consumption on the premises unless accompanied by his parent or

guardian.

(2)

No plenary retail consumption or club license shall permit a person under the age

prescribed by law or state regulation for the purchasing of alcoholic beverages in or

upon the premises where alcoholic beverages are sold or served.

(3)

This subject shall not apply to persons under the age prescribed by law or state

regulation for the purchasing of alcoholic beverages employed under permit issued by

the State Director of Alcoholic Beverage Control.

Notice. All licensees operating premises where alcoholic beverages are sold or served for

consumption on the premises shall have permanently displayed within clear view of each

entrance to the room in which alcoholic beverages are served a sign, with letters large enough

to be easily read by anyone entering the premises, stating "No minors permitted in barroom

unaccompanied by parent or guardian...maximum penalty five hundred dollars ($500) or ninety

(90) days".

& 45-10.

Restrictions on sales; regulations applicable to premises. [Amended

4-25-94 by Ord. No. 94-29]

Sales to certain persons. No licensee or employee of a licensee shall sell, serve or deliver,

directly or indirectly, any alcoholic beverages to any mental defective, habitual drunkard,

intoxicated person or person under the age prescribed by law or state regulation for the

purchasing of alcoholic beverages, nor permit the consumption of alcoholic beverages on any

licensed premises by any of the above named classes of persons, nor permit any such persons

to congregate in or about the licensed premises.

Sales on credit. No sales of alcoholic beverages for consumption on the licensed premises

shall be made on credit. This subsection shall not apply to persons holding a club license.

C. Access to premises. No person shall be served alcoholic beverages in any room which is not

open to the public, except that hotel guests may be served in their rooms or in private dining

rooms. This subsection shall not apply to club licenses.

D. Other business. Deleted 4-25-94 by Ord. No. 94-29.

4505

7-94

Editor's note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

& 45-10

EAST BRUNSWICK CODE

& 45-12

Outside view of premises. All licensed premises, other than those for which club licenses

are issued, shall be so located that a normal-sized adult can, on inspection from the

exterior, view the interior of the premises.

& 45-11.

Enforcement.

Enforcement authority. This chapter shall be enforced by the Department of Public Safety

of the Township of East Brunswick. This subsection shall not be construed as affecting

the enforcement powers of the New Jersey State Director of Alcoholic Beverage Control.

Revocation of license. Any license issued under this chapter may be suspended or

revoked for violation of any of the provisions of this chapter of any provision of any

applicable statute or any of the rules and regulations of the State Director of Alcoholic

Beverage Control. Proceedings for suspension or revocation shall be in accordance with

the provisions of N.J.R.S. 33:1-1 to 33:1-96, by service of a five-day notice of charges

preferred against the licensee and affording a reasonable opportunity for hearing. Any

suspension or revocation shall carry the penalties and prohibitions provided in the statutes

referred to. Suspension or revocation of a license shall be in addition to any other penalty

which may be imposed for a violation of this chapter.

& 45-12.

Consumption and Possession of Alcohol by Underage Persons on

Private Property. [Added 4-16-07 by Ord. No. 07-16]

Definitions

(1) Guardian - shall mean a person who is qualified as a guardian of the underage person

pursuant to testamentary or court appointment.

(2) Relative - shall mean an underage person’s parent, grandparent, aunt, uncle, sibling,

first cousin or closer relative by blood, marriage or adoption who has attained the legal

age to purchase and consume alcoholic beverages.

Violations; exceptions

Any person under the legal age to purchase and consume alcoholic beverages who,

without legal authority, knowingly possesses, orders, purchases, serves or consumes

alcoholic beverages or who is under the influence of alcoholic beverages within the

municipality boundary of the Township of East Brunswick shall be in violation of this

ordinance and subject to the penalties hereof. This section shall not apply to an underage

person 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 section shall not apply to

any underage person while actually engaged in the performance of employment by a

person who is licensed under Title 33 of the New Jersey State 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,

this ordinance shall not be construed to preclude the imposition of a penalty under this

section, N.J.S.A. 33:1-18 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.

4506

9-07

& 45-12

ALCOHOLIC BEVERAGES

& 45-12

Penalties; fines

(1)

The fine for such an offense under this Section shall be $250.00 for a first

offense and $350.00 for any subsequent offense.

(2)

The court may further suspend or postpone for six months the driving privilege

of the defendant in addition to the fine authorized for this offense. If a person at

the time of the imposition of the such sentence is less than seventeen 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 defendant reaches the age of seventeen years. If a person at the time of the

imposition of such sentence under this Section has a valid driver’s license issued

by the State, the court shall immediately collect the license and forward same to

the State Motor Vehicle Commission along with the report.

4507

9-07

& 49-1

ARCHITECTURAL REVIEW

& 49-1

Chapter 49

ARCHITECTURAL REVIEW

& 49-1.

Legislative findings; purpose.

& 49-2.

Construction of house substantially the same in exterior design and

appearance prohibited.

& 49-3.

Standards.

& 49-4.

Required design varieties.

& 49-5.

Submission of plan.

& 49-6.

Performance guaranty.

& 49-7.

Appeals.

& 49-8.

Violations and penalties.

[HISTORY: Adopted by the Township Council of the Township of East Brunswick

9-13-65 as Ord. No. 65-27 and as Ch. XXV of the Revised General

Ordinances. Section 49-8 added at time of adoption of Code; see Ch. l, General

Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes - See Ch. 75.

Building contractors - See Ch. 78.

Housing standards - See Ch. 126.

Landscaping - See Ch. 192.

Land use procedures - See Ch. 132.

Design guidelines & standards - See Ch. 192.

Zoning - See Ch. 228.

& 49-1.

Legislative findings; purpose.

The Township Council hereby finds that uniform ity in the exterior design and appearance of

dwellings erected in the sam e residential neighborhood tends to adversely affect the desirability of

the im m ediate and neighboring areas for residential purposes; tends to im pair the value of both

im proved and unim proved real property in such areas with attendant deterioration of conditions

affecting the health, safety and general welfare of the inhabitants thereof and the com m unity at large;

and tends to deprive the m unicipality of tax revenue and destroys a proper balance between the

taxable value of real property in such areas and the cost of m unicipal services provided therefor. It

is the purpose of this chapter to prevent these and other harm ful effects of uniform ity in the design

and appearance of dwellings erected in any housing developm ent in the sam e residential

neighborhood and thus to prom ote and protect the health, safety and general welfare of the

com m unity.

4901

6-86

& 49-2

EAST BRUNSWICK CODE

& 49-4

& 49-2.

Construction of house substantially the same in exterior design and

appearance prohibited.

Except as provided in this chapter, not m ore than one (1) building perm it shall hereafter be

issued for any dwelling to be erected in a housing developm ent consisting of two (2) or m ore houses

if the dwelling is substantially the sam e in exterior design and appearance as any neighboring

dwelling situated on the sam e or opposite side of the street within one hundred fifty (150) feet of a

dwelling then in existence or for which a building perm it has been issued or is pending. The distance

herein specified shall be construed to m ean the distance between the side lines of each lot or parcel

as extended and m easured along the center line of the street.

& 49-3.

Standards. [Amended 6-13-66 by Ord. No. 66-27-A]

Houses of the sam e m odel within the specified distance from each other shall be

considered substantially the sam e in exterior design and appearance unless there is a

substantial change in the exterior appearance, including the following:

(1)

Change in the silhouette which m ay include changes in the roof design,

chim neys, overhangs, facias, porches, porticos, breezeways, orientation of

the garage, detached garages, etc.

(2)

Change in the front entry design, approach and landscaping.

(3)

Change in fenestration.

(4)

Change in exterior finish m aterial on all four (4) sides.

But, under no circum stances m ay m ore than two (2) houses of the sam e m odel be built

on consecutive lots on the sam e side of the street or, in the alternative, opposite each

other, regardless of the changes.

C. For the purposes of this chapter, basic house design refers to split-level, ranch, bilevel,

two-story, cape cod, colonial, or an architectural design which in the judgm ent of the

Construction Official will be consistent with the intent of this chapter. Model refers to a

basic house design having substantially the sam e basic exterior dim ensions and floor

plan. Variation in room sizes or reversal of the floor plans, front to back or side to side,

shall not constitute a separate floor plan. [Am ended 1-25-82 by Ord. No. 82-435]

& 49-4.

Required design varieties.

In addition to the requirem ents specified in & 49-3, there shall be a variety of separate basic

house designs in every housing developm ent and in no event less than the following:

Total Num ber of Houses

Minim um Num ber of Separate

in the Developm ent

Basic House Designs

4 to 7

8 to 15

l6 to 25

26 to 40

41 and over

5, plus one for every 20

additional houses or any

part thereof.

4902

6-86

& 49-5

ARCHITECTURAL REVIEW

& 49-8

& 49-5.

Submission of plan. [Amended 6-13-66 by Ord. No. 66-27-A; 10-23-78

by Ord. No. 78-75]

To ensure conform ity with the provisions of this chapter, no building perm it shall hereafter be

issued for m ore than one (1) dwelling in any housing developm ent, except as provided for in & 49-6,

until an engineer's survey or architect's drawing of the entire tract or of the section then being

developed has been subm itted to the Chief Construction Official, showing thereon or on a schedule

attached thereto the m odel num ber, type and design of each house, with proper street and lot

num bers for each house. The survey or drawing shall also show the dim ensions of each house, its

exact location on the lot with setbacks and width or depth of all yard spaces and shall be

accom panied by a picture, rendering or sketch of each basic house design and the changes in each

m odel for houses within the specified distance referred to in & 49-2. In the event of any change in

the layout of the developm ent, location of various houses or change in the design of any house, a

revised or am ended plan and application shall be filed and approved before such work is started.

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