[Adopted 6-26-1934 by Ord. No. 793A (Ch.
160, Art. I, of the 2004 Code)]
This article is for the purpose of regulating
the sale and transportation of alcoholic beverages in the Township
of Union, in the County of Union, in accordance with the provisions
of the Act of the Legislature entitled "An Act Concerning Alcoholic
Beverages," being Chapter 436 of the Laws of 1933, its supplements
and amendments, and in accordance with the rules and regulations issued,
or to be promulgated by the State Commissioner of Alcoholic Beverage
Control, applicable thereto.
All applications for licenses under this article
and all licenses issued thereunder and proceedings in connection therewith
shall be subject to said Act and said rules and regulations of said
State Commissioner of Alcoholic Beverage Control of New Jersey, applicable
thereto, and shall be subject to any other statutes of New Jersey,
or of the United States, now extant or hereafter enacted, affecting
said subject matters.
The Township Committee of the Township of Union,
being the governing body of said municipality, shall constitute the
authority for the administration of issuance of licenses under this
article and shall forthwith report the issuance of all such licenses
to said State Commissioner of Alcoholic Beverage Control.
[Amended 5-14-1955 by Ord. No. 815]
No license shall be issued, except after written
application presented by the proposed licensee, upon forms approved
by the governing body and after conformity with publication of notice
and otherwise, as required by said Act.
It shall be unlawful to sell or distribute alcoholic
beverages in the Township of Union, in the County of Union, without
a license previously applied for and granted pursuant to the provisions
of this article and/or said Act.
[Amended 5-14-1935 by Ord. No. 815; 12-26-1972 by Ord. No. 2752; 5-14-1974 by Ord. No. 2876; 4-25-1975 by Ord. No.
2975; 4-22-1980 by Ord. No. 3442; 4-24-1984 by Ord. No. 3705; 1-24-1989 by Ord. No. 4005; 12-14-1993 by Ord. No. 4282; 9-10-2002 by Ord. No.
4745; 9-9-2003 by Ord. No. 4801; 10-26-2004 by Ord. No. 4842]
The fee for a plenary retail consumption license
shall be $2,160, subject to the provisions in N.J.S.A. 33:1-12.
[Amended 11-12-1935 by Ord. No. 824; 12-26-1972 by Ord. No.
2752; 9-10-2002 by Ord. No. 4745; 9-9-2003 by Ord. No. 4801; 10-26-2004 by Ord. No. 4842]
The fee for a seasonal retail consumption license
shall be $1,620, subject to the provisions in N.J.S.A. 33:1-12.
[Amended 5-14-1935 by Ord. No. 815; 12-26-1972 by Ord. No. 2752, 5-14-1974 by Ord. No. 2876; 4-22-1975 by Ord. No. 2975; 4-22-1980 by Ord. No. 3442; 4-24-1984 by Ord. No.
3705; 1-24-1989 by Ord. No. 4005; 12-14-1993 by Ord. No. 4282; 9-10-2002 by Ord. No. 4745; 9-9-2003 by Ord. No. 4801]
The fee for a plenary retail distribution license
shall be $2,030, and the holder of such license shall be entitled,
subject to rules and regulations, to sell any alcoholic beverages
for consumption off the licensed premises, but only in original containers.
[Added 8-28-1934 by Ord. No. 795; amended 9-10-2002 by Ord. No.
4745; 9-9-2003 by Ord. No. 4801; 10-26-2004 by Ord. No. 4842]
The fee for a limited retail distribution license
shall be $63, and the holder of such license shall, subject to rules
and regulations, be permitted to sell for consumption off the licensed
premises, but only in original containers, any unchilled, brewed malt
alcoholic beverages in quantities of not less than 72 fluid ounces.
A. The fee for a
club license shall be the sum of $188, and the holder of such license
shall be entitled, subject to rules and regulations, to sell only
to bona fide club members and their guests, alcoholic beverages intended
for immediate consumption on the licensed premises.
[Amended 9-10-2002 by Ord. No. 4745; 9-9-2003 by Ord. No. 4801; 10-26-2004 by Ord.
No. 4842]
B. Club licenses
shall be issued only to such corporations, associations and organizations
as are operated for benevolent, charitable, fraternal, social, religious,
recreational, athletic or similar purposes and not for private gain,
and such licenses shall be subject to the qualifications, conditions
and restrictions imposed by said State Commissioner of Alcoholic Beverage
Control.
C. Each application
for a club license shall set forth the names and addresses of all
officers, trustees, directors or other governing officials, together
with the names and addresses of all the members of the applying club
corporation or association.
All applications for licenses shall set forth,
in full, answers to questions prescribed by the aforesaid Act and
by the rules and regulations of said State Commissioner and shall
include declarations called for by said provisions.
No license shall be issued to any person, firm,
corporation, group or partnership not fully qualified under the provisions
of said Act and said rules and regulations.
All licenses shall be for a term of one year
from the first day of July in each year, and all fees shall be paid
in advance, upon presentation of the application; provided, however,
that any licensee, except a seasonal retail consumption licensee,
who shall voluntarily surrender his license and who shall not have
committed any violation of this article or of any rule or regulation
and who shall have paid all taxes, setoffs or counterclaims that may
have become due to the State of New Jersey, or to the Township of
Union, shall be entitled, after deduction of 50% of said fee, as a
surrender fee, to the prorated fee for the unexpired term.
[Amended 12-26-1972 by Ord. No. 2752]
A separate license shall be required for each
specific place of business, and each license shall be effectual only
for the licensed premises mentioned therein; provided, however, that
upon application for a transfer in the same manner as for an original
application, and upon publication of intention to transfer, in the
same manner as in the case of an original application, the governing
body may issue a transfer of such license to a different place of
business, by endorsing such permission upon such license, and upon
payment of a fee for such transfer of 10% of the annual license fee.
A. Any license issued
under this article may be suspended or revoked for violation of any
of the provisions of this article or any of the provisions of said
Act, or said statutes heretofore mentioned, or of any of the regulations
and rules prescribed by said State Commissioner of Alcoholic Beverage
Control.
B. Proceedings for
suspension or revocation shall be in accordance with the provisions
of said Act, by service of a five-day notice of charges preferred
against the licensee, as provided in said Act, and affording of a
reasonable opportunity for a hearing, and such suspension or revocation
shall carry the penalties and prohibitions provided for in said Act.
All premises in which said alcoholic beverage
shall be sold or otherwise dispensed, except those which hold a club
license, shall have reasonable access of light from the public highway,
and such premises shall be deemed to have reasonable access of light
when a normal sized adult can, on inspection, from the exterior, view
the interior of said licensed premises.
[Amended 2-26-1935 by Ord. No. 807; 5-14-1935 by Ord. No. 815; 5-12-1936 by Ord. No. 835; 12-27-1949 by Ord. No.
1264; 5-27-1952 by Ord. No. 1395; 7-27-1954 by Ord. No. 1521; 12-27-2005 by Ord. No. 4922]
A. No plenary retail
consumption licensee or other person shall sell, serve, deliver or
allow, permit or suffer the sale, service or delivery or consumption
of any alcoholic beverage upon licensed premises during the following
hours on the following days:
(1) On New Year's
Day, when it is a weekday, between the hours of 5:00 a.m. and 6:00
a.m.
(2) On New Year's
Day, when it is a Sunday, between the hours of 4:00 a.m. and 12:00
noon.
(3) On other
weekdays between the hours of 2:00 a.m. and 6:00 a.m.
(4) On other
Sundays between the hours of 2:00 a.m. and 12:00 noon.
B. No plenary retail distribution licensee shall allow, permit or suffer the sale, service or delivery of any alcoholic beverage at retail in its original container (package goods) for consumption off the licensed premises, or allow permit or suffer the removal of any alcoholic beverage in its original container (package goods) from the retail licensed premises, before 9:00 a.m. or after 10:00 p.m. Monday through Saturday and before 12:00 noon or after 10:00 p.m. on Sundays. Whenever the sale of alcoholic beverages for consumption on the premise is authorized in any municipality for the holder of a retail consumption license, the sale, service or delivery by any licensee with retail off-premise package goods privileges of wine and malt alcoholic beverages in original containers for consumption off the premise shall be authorized on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premise is permitted and reflected in §
199-17A.
C. The hours set
forth shall be according to the time standard officially in effect
in the Township of Union.
D. During the hours
that the sale of alcoholic beverages is prohibited, all premises operating
under a plenary retail consumption license or a seasonal retail consumption
license shall be closed; provided, however, that any such licensee
operating a bona fide restaurant shall be permitted to remain open
during the prohibited hours, but the sale, service, delivery or consumption
of any alcoholic beverages upon said licensed premises is hereby forbidden
during said prohibited hours as above set forth.
E. A "bona fide
restaurant," as herein mentioned, is defined as an establishment regularly
and principally used for the purpose of providing meals to the public,
having an adequate kitchen and dining room equipped for the preparing,
cooking and serving of foods for its customers, and in which no other
business, except such as is incidental to such establishment, is conducted.
[Amended 12-26-1972 by Ord. No. 2752]
Every applicant for a license or a transfer
thereof to be issued under this article shall, before the license
is issued, permit the Police Department to take an impression of the
thumb- and fingerprints of both hands. In the instance of a corporate
applicant, all stockholders holding more than 10% of the corporate
stock of said corporate applicant and all officers and directors of
said corporation shall, likewise, be fingerprinted.
No person shall be served in any back room or
side room which is not open to the use of the public generally, except
that, in hotels, guests may be served in their rooms or in private
or public dining rooms, and provided also that this prohibition shall
not apply to club licenses.
[Amended 1-26-1972 by Ord. No. 2752; 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998; 10-26-2004 by Ord. No.
4842]
Any person, except an officer or other person authorized by and acting pursuant to instructions from such officer, so doing in the course of and for the purpose of enforcing said Act, who shall knowingly purchase, receive or procure any illicit beverage, on conviction thereof, shall be subject to the penalties set forth in §
199-24, Violations and penalties, of this article.
[Added 10-26-2004 by Ord. No. 4842]
The licensee, or his or her representative or
employee, is required to report immediately any dispute, assault and/or
brawl to the Township Police Department.
[Added 1-25-2011 by Ord. No. 5176; amended 12-27-2011 by Ord. No.
5225; 2-11-2014 by Ord. No. 5288; 4-22-2014 by Ord. No. 5302]
A. No plenary retail consumption license may be transferred
to any location within 500 feet of any other plenary retail consumption
license or any church or public schoolhouse or private schoolhouse
not conducted for pecuniary profit. Such distance shall be calculated
in the normal way that a pedestrian would properly walk from the nearest
entrance of the existing liquor license to the nearest entrance of
the premises seeking the liquor license. This restriction shall not
apply to a license to be transferred to the Special Improvement District.
B. No plenary retail consumption license may be transferred
to any location within 500 feet of any residential zone or residential
property as measured from the point upon the outside walls of the
building or building lease space containing the business to the nearest
property line of the residential property. This restriction shall
not apply to a license to be transferred to the Special Improvement
District.
[Added 4-22-2014 by Ord. No. 5302]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
GO-GO DANCING
Includes any dancing exhibition involving:
(1)
Dancing in a licentious or sexually suggestive manner;
(2)
Nude or nearly nude dancing;
(3)
Dancing in insufficient attire, which shall include attire that:
(a)
Is so thinly veiled as to allow viewing of most of the female
breasts or any of the male or female genital areas;
(b)
Is so tight as to allow visual observation of the shape of the
female breasts or of the female or male genitals; or
(c)
Is so minimal as to visually expose most or all of the female
breasts or any of the male or female genital areas; or
(4)
Touching between a hired dancer and a patron.
LOCATION RESTRICTION
An establishment's distance from a residential zone or residential
property, for purposes of this section, is the shortest linear distance
between any part of the outside of the building in which the establishment
is located to any part of the outside of the nearest property line
of the residential property.
NUDE OR NEARLY NUDE ACTIVITY
(1)
Includes any person performing, showing, exhibiting, acting
or representing in such a manner or attire as to expose to view any
portion of the pubic area, anus, vulva or genitals, or any simulation
thereof, or any female showing, performing, exhibiting, acting or
representing in such a manner or attire as to expose or view that
portion of the breast referred to as the areola or nipple, or simulation
thereof.
(2)
"Nude or nearly nude activity" also includes any person performing,
showing, exhibiting, acting or representing any dance, episode or
musical entertainment in a lewd or indecent manner so that the average
person, applying contemporary community standards, would find that
the work, taken as a whole, appeals to the prurient interest, or for
any performer to perform, show, exhibit, act or represent any dance,
episode or musical entertainment the purpose or effect of which is
to direct the attention of the spectator to the breast, buttocks or
genital organs of the performer, whether clothed or unclothed.
RESPONSIBLE PERSON
An owner of an establishment with a retail alcoholic beverage
consumption license, an officer or director of a corporate owner of
such establishment, an on-premises manager of the establishment, or
an on premises person in charge of the establishment.
B. Restrictions on go-go dancing. No dancer shall engage
in go-go dancing in or about any establishment with a retail alcoholic
beverage consumption license in the Township of Union which is located
within 1,000 feet of a residential zone or property, and no responsible
person shall suffer, permit or allow go-go dancing in any such establishment
in the Township of Union which is located within 1,000 feet of a residential
zone or property.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No.
3998; 10-26-2004 by Ord. No. 4842; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Unless otherwise provided for in N.J.S.A. 33:1-1
et seq., any person who shall violate any of the provisions of this
article shall, upon conviction, be subject to one or more of the following:
imprisonment in the county jail or in any other place provided by
the municipality for the detention of prisoners for any term not exceeding
90 days or by a fine not exceeding $2,000 or by a period of community
service not exceeding 90 days, to become effective on the effective
date of this section.