Borough of Totowa, NJ Chapter 105 Alcoholic Beverages

[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa 10-20-1941 by Ord. No. 351 (Ch. 46 of the 1974 Code). Amendments noted where applicable.]

§ 105-1 Issuance of license; approval.

The Clerk of the Borough of Totowa is authorized and empowered to issue licenses for the sale and distribution of alcoholic beverages in the Borough of Totowa when such license shall have been approved by the Borough Council.

§ 105-2 Applications.

No license shall be issued except after written application presented by the proposed licensee in such form and after such notice as required by An Act Concerning Alcoholic Beverages, Chapter 436 of the Laws of 1933, and its supplements and amendments.[1]

[1] Editor's Note: See N.J.S.A. 33:1-1 et seq.

§ 105-3 Classes of licenses; fees.

[Amended 5-16-1972 by Ord. No. 991]

All licenses which may be issued shall come under the following classes:

A. Plenary retail consumption license. This license shall entitle the holder to sell for consumption on the licensed premises any alcoholic beverage by the glass or other open receptacle, and also to sell all alcoholic beverages in original containers for consumption off the licensed premises.

(1) The license fee for this class of license shall be $1,056 per annum.

[Amended 5-27-1997 by Ord. No. 8-97; 10-28-2003 by Ord. No. 17-2003; 12-14-2004 by Ord. No. 17-2004; 2-14-2006 by Ord. No. 02-2006; 3-13-2007 by Ord. No. 05-2007; 4-22-2008 by Ord. No. 08-2008]

(2) The number of premises licensed for plenary retail consumption shall be limited to nine.

B. Plenary retail distribution license. This license shall entitle the holder to sell any alcoholic beverages for consumption off the licensed premises but only in original containers.

(1) The license fee for this class of license shall be $660 per annum.

[Amended 5-27-1997 by Ord. No. 8-97; 10-28-2003 by Ord. No. 17-2003; 12-14-2004 by Ord. No. 17-2004; 2-14-2006 by Ord. No. 02-2006; 3-13-2007 by Ord. No. 05-2007; 4-22-2008 by Ord. No. 08-2008]

(2) The number of premises licensed for plenary retail distribution shall be limited to two.

C. Club license. This license shall entitle the holder to sell, only to bona fide club members and their guests, alcoholic beverages intended for immediate consumption on the licensed premises.

(1) The license fee for this class of license shall be $188 per annum.

[Amended 5-27-1997 by Ord. No. 8-97; 10-28-2003 by Ord. No. 17-2003; 12-14-2004 by Ord. No. 17-2004; 2-14-2006 by Ord. No. 02-2006]

(2) The number of premises licensed under this class of license shall be five.

§ 105-4 Operating regulations for licensees.

All licenses heretofore or hereinafter issued shall be subject to the following rules, regulations, terms and conditions:

A. The holders of licenses issued by this municipality shall not be permitted to sell, serve or give away any alcoholic beverages on weekdays between the hours of 3:00 a.m. and 7:00 a.m. and on Sundays between the hours of 3:00 a.m. and 9:00 a.m., except as hereinafter provided. The holders of licenses issued by this municipality shall not permit the consumption of any alcoholic beverages on licensed premises on weekdays between the hours of 3:00 a.m. and 7:00 a.m. and on Sundays between the hours of 3:00 a.m. and 9:00 a.m., except as hereinafter provided. No alcoholic beverages shall be permitted to remain on the service bar or tables in any licensed premises between the hours set forth herein, and the presence of any alcoholic beverages in said locations or in the possession of a patron shall create a rebuttable presumption that alcoholic beverages were sold, served, given away or consumed in violation of this section.

[Amended 3-1-1954 by Ord. No. 536; 7-8-1975 by Ord. No. 75-5; 6-9-1981 by Ord. No. 5-81]

B. The holders of licenses issued by this municipality shall be permitted to sell, serve or give away alcoholic beverages at all times on January 1, New Year's Day, of each year.

C. During the hours within which alcoholic beverages are not permitted to be sold, served or given away, the entire interior of the licensed premises shall be kept open to public view from the outside thereof. No screen, partition or other obstacle shall be permitted to interfere with a clear public view during said hours.

D. All licenses granted hereunder must be displayed conspicuously in the licensed premises.[1]

[1] Editor's Note: Former § 46-4E, which immediately followed this subsection, pertaining to the regulation of female employees, was deleted 11-12-1974 by Ord. No. 1027.

E. No licensee shall have in his or her employ anyone under the age of 18 years.

[Amended 11-12-1974 by Ord. No. 1027]

F. No licensee shall harbor criminals, or lawless or immoral individuals, or permit the licensed premises to be used in the procuring or furnishing of women for immoral purposes or for the commission of crime or immoral acts, or for the defrauding or permitting the defrauding of anyone in the licensed premises by misrepresentation or threats.

G. The licensee shall not participate in or permit the violation of any of the gaming or gambling laws or ordinances within said licensed premises.

H. No sales of alcoholic beverages for consumption on the licensed premises shall be made on credit, nor shall sales of any alcoholic beverages be made to any minor, mental defective or habitual drunkard, provided that such prohibition against sales on credit shall not apply to club licenses.

I. No person shall be served in any back room or side room which is not open to the use of the public generally; provided, however, that this prohibition shall not apply to club licenses.

J. The licensee shall maintain a quiet and orderly house and shall not permit any immoral or indecent conduct or behavior within the place so licensed.

K. The sale of packaged goods other than malt alcoholic beverages and wines in their original, containers shall be limited on Sunday between the hours of 9:00 a.m. and 10:00 p.m.

[Added 6-9-1981 by Ord. No. 5-81]

§ 105-5 Consumption in vehicles and public places prohibited.

[Added 10-21-1975 by Ord. No. 75-11]

It shall be unlawful for any person to consume alcoholic beverages within the Borough of Totowa:

A. While in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance;

B. In a private motor vehicle while the same is in motion or parked in or upon any public street, lane or public parking lot; or

C. While upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.

§ 105-6 Display of regulations.

[Amended 10-21-1975 by Ord. No. 75-11]

A copy of this chapter must be displayed conspicuously on all licensed premises.

§ 105-7 Distance between licensed premises; exceptions.

[Added 10-4-1977 by Ord. No. 16-77]

A. No plenary retail consumption license or plenary retail distribution license or club license shall be granted or transferred to other premises within 1,000 feet of existing licensed premises covered by either a plenary retail consumption license, plenary retail distribution license or a club license.

B. In the event that a licensee holding either a plenary retail consumption license or a plenary retail distribution license or club license desires to transfer the license to premises within 1,000 feet of a licensed premises, he may do so upon proper application to and the approval of the license-issuing authority of the Mayor and Council of the Borough of Totowa. However, in no event shall such transfer be permitted within 250 feet of another licensed premises. Only one transfer of a given license or any renewal thereof shall be permitted under this subsection.

C. In the event that licensed premises are being taken over for any municipal, county, state or federal project, the license-issuing authority of the Borough of Totowa, within its discretion, may permit the transfer of the license covering such premises within 1,000 feet of the other licensed premises.

D. The one-thousand-foot distance referred to in this section shall be measured and determined on the basis of whether the proposed licensed premises is within a radius of 1,000 feet from a prior existing licensed premises as set forth above. Said distance shall be measured from the center of the nearest public entrance of the existing licensed premises to the center of the nearest public entrance of the premises to be licensed as measured in and along a public road.