Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 345 (§§ 6-1 to 6-4 and 6-6 of the 1987 Code); as amended by Ord. No. 427; Ord. No. 443; Ord. No. 480; Ord. No. 641; Ord. No. 796; Ord. No. 810; Ord. No. 818; Ord. No. 901]

§ 102-1 Purpose.

[Added 2-7-1989 by Ord. No. 1178][1]
This article is enacted to regulate the sale of alcoholic beverages in the Borough of Highland Park in accordance with the provisions of an act of the Legislature of the State of New Jersey entitled An Act Concerning Alcoholic Beverages, comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.R.S. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 102-2 Definitions.

[Added 2-7-1989 by Ord. No. 1178]
For the purpose of this article, words and phrases herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq. and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.

§ 102-3 Laws applicable.

All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 102-1, and all other applicable laws of the State of New Jersey or the United States.

§ 102-4 License required.

[Added 2-7-1989 by Ord. No. 1178]
No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in § 102-1 and the provisions of this article.

§ 102-5 Issuing authority.

[Added 2-7-1989 by Ord. No. 1178]
All licenses required by this article shall be issued by the Borough Council which shall also administer the provisions of this article.

§ 102-6 License fees and number of licenses.

[Amended by Ord. No. 938; Ord. No. 1131; Ord. No. 1230]
A. 
The annual fees and number of licenses for the sale or distribution of the alcoholic beverages in the Borough shall be as follows:
Class of License
Annual License
Number of Licenses
Plenary retail consumption license
$1,452
6
Plenary retail distribution license
$416
3
Club license
$72
Limited retail distribution license
$50
2
No seasonal retail consumption license shall be issued.
No retail transit license shall be issued.
B. 
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.[1]
[1]
Editor's Note: Original § 6-3.5, Distance Between Licensed Premises, which immediately followed this section, was repealed by Ord. No. 1229.

§ 102-7 Hours of sale.

[Amended by Ord. No. 1149; Ord. No. 1208; Ord. No. 1302]
A. 
Alcoholic beverages may be sold under a plenary retail consumption license only between the hours of 7:00 a.m. and 1:30 a.m. except upon the first day of the week, commonly called Sunday, when alcoholic beverages may be sold only between the hours of 12:00 noon and 1:30 a.m., except that alcoholic beverages in original containers may be sold for off-premises consumption between the hours of 9:00 a.m. and 12:00 noon on Sunday and excepting further that alcoholic beverages may be sold and served on the morning of January 1, in addition to the foregoing hours, between the hours of 1:30 a.m. and 4:00 a.m.
B. 
No licensee permitted to sell at retail for off-premises consumption shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage at retail in original containers for consumption off the licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week, except that wine and malt alcoholic beverages in original bottle or can containers may be sold for off-premises consumption on the same days and during the same hours as sale of alcoholic beverages for consumption on premises is permitted in the Borough of Highland Park, and excepting further that alcoholic beverages may be sold on the evening of December 31, in addition to the foregoing hours, between the hours of 10:00 p.m. and 12:00 midnight.
C. 
Any licensee engaging in a lawful business not requiring any of the licenses authorized under § 102-6 of this article may engage in such business or sell or offer to sell goods not requiring such licenses during hours as are authorized by law.

§ 102-8 New Year's Day.

Provisions of § 102-7 shall not apply on January 1. On that day, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 7:00 a.m.[1]
[1]
Editor's Note: Original § 6-4.3, Sales to certain persons, as amended 2-7-1989 by Ord. No. 1178, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 102-9 Revocation of license.

[Added 2-7-1989 by Ord. No. 1178]
A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by a service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for a hearing.
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.

§ 102-10 Closing provision.

[Added 2-7-1989 by Ord. No. 1178]
The entire licensed premises shall be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee on any day, between the hours of 3:00 a.m. and 7:00 a.m. This provision shall not apply to hotels and restaurants as defined in N.J.S.A. 33:1-1 et seq. or clubs.

§ 102-11 Violations and penalties.

[Amended 2-7-1989 by Ord. No. 1178]
Any person who shall violate any of the provisions of this article shall upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty.