[Adopted 12-20-1960 by Ord. No. 3319 as Chapter
5 of the Revised Ordinances of the City of Clifton, New Jersey, 1960]
No new plenary retail consumption licenses shall
be issued in the City unless and until the combined total number of
such licenses existing in the City is fewer than one for each 2,000
of its population as shown by the last preceding federal census. This
section shall not be construed to prevent renewal of licenses issued
and outstanding as of April 12, 1946, or transfer of such licenses
and the renewal of licenses so transferred.
A.
No plenary retail consumption license shall be issued
for, nor be transferred to, any premises being within a radius of
800 feet of any other plenary retail consumption licensed premises.
Said distance shall be measured from the nearest front entrance of
the existing licensed premises to the nearest front entrance of the
premises sought to be licensed.
[Amended 11-15-1965 by Ord. No. 3654]
B.
The foregoing prohibitions shall not prevent a renewal
or person-to-person transfer at an existing location.
No new plenary retail distribution license shall
be issued in the City unless and until the number of such licenses
existing in the City is fewer than one for each 5,000 of its population
as shown by the last preceding federal census. This section shall
not be construed to prevent renewal of licenses issued and outstanding
as of April 12, 1946, or transfer of such licenses and the renewal
of licenses so transferred.
[Amended 1-17-1990 by Ord. No. 5392-90]
A.
No plenary retail distribution license or limited
retail distribution license shall be issued for, nor transferred to,
any premises being within a radius of 500 feet of any other retail
distribution licensed premises. Said distance shall be measured from
the nearest front entrance of the existing licensed premises to the
nearest front entrance of the premises sought to be licensed.
[Amended 1-17-1990 by Ord. No. 5392-90]
Not more than two limited retail distribution
licenses shall be issued and outstanding at the same time.
Not more than eight club licenses shall be issued
and outstanding at the same time.
[Amended 6-19-2001 by Ord. No. 6206-01; 9-3-2019 by Ord. No.
7538-19]
No license shall be hereafter issued
for any transfer to premises being within a radius of 200 feet of
any public park, public playground, house of worship, public, private
or parochial school and playground. Said distance shall be measured
from the nearest point of the curb of said public park, public playground,
house of worship, public, private or parochial school and playground
to the nearest entrance of the premises sought to be licensed.
[Amended 3-19-1968 by Ord. No. 3824]
A.
In the event that an existing licensee can no longer
use its licensed premises by reason of any circumstances beyond the
control of the licensee, such as but not limited to refusal of the
landlord to renew a lease or tenancy, destruction of the premises,
any taking of the premises for public use through the exercise of
the right of eminent domain or any other like or similar circumstance,
then and only in such event the licensee may:
[Added 7-2-1986 by Ord. No. 5095-86; amended 7-21-1998 by Ord. No. 5981-98]
(1)
Transfer the license from such premises to any premises within a radius of not more than 500 feet from the existing licensed premises, the provisions of §§ 137-2 and 137-4, only insofar as they refer to minimum permitted distances between premises having like licenses, notwithstanding. The provisions contained herein shall apply to place-to-place transfers only; or
(2)
Transfer the license from such premises to another location in the City of Clifton that is being used prior to the transfer as a licensed restaurant facility, in conjunction with another business being operated in said premises, thereby permitting one building to hold two licenses, as long as the licensed premises are separate and apart from each other, and provided further that the existing licensee at the new location consents to the same, the provisions of §§ 137-2 and 137-4 notwithstanding.
B.
In the event that the licensed premises is vacated by the tenant/license holder and the premises has been licensed for a period of at least 10 years and has been used for other than only the sale of package goods for off-premises consumption, such as a social hall, restaurant and/or recreational facility, a place-to-place and/or person-to-person transfer may take place of an existing license to the formerly licensed premises, notwithstanding the provisions of §§ 137-2 and 137-4 hereof.
[Added 8-6-1996 by Ord. No. 5822-96]
C.
Planned
Mixed Use (P-MU), Planned Development Highway Commercial (PD-HC) and
Planned Commercial Development (PCD) Zones.
[Amended 3-4-1997 by Ord. No. 5877-97; 6-16-2009 by Ord. No.
6820-09; 11-1-2011 by Ord. No. 6984-11; 12-18-2012 by Ord. No.
7068-12]
(2)
Notwithstanding § 137-2 hereof, whenever the Municipal Council establishes a Planned Development Highway Commercial (PD-HC) Zone within the City of Clifton, the location restrictions of § 137-2 hereof shall not be applicable. The maximum number of licenses allowed in any one PD-HC Zone shall be limited to six, and each such license shall be limited to restaurant use only. No entertainment shall be permitted in connection with any such license.
(3)
Notwithstanding § 137-2 hereof, whenever the Municipal Council establishes a Planned Commercial Development (PCD) Zone within the City of Clifton, the location restrictions of § 137-2 hereof shall not be applicable. The maximum number of licenses allowed in any one PCD Zone shall be limited to three, and each such license shall be limited to restaurant use only. No entertainment shall be permitted in connection with any such license.
D.
The waiver of the location restrictions pursuant to § 137-8C(1), (2) and (3) above shall not run with or attach to the license. If, at any time or for any reason, a license shall be subject to transfer outside the P-MU Zone, the PD-HC Zone, or the PCD Zone, the license shall be subject to the location restrictions set forth in §§ 137-2 and 137-7 hereof.
[Added 3-4-1997 by Ord. No. 5877-97; amended 6-16-2009 by Ord. No. 6820-09; 12-18-2012 by Ord. No.
7068-12]
E.
Notwithstanding the waiver of the location restrictions set forth in § 137-2 hereof, § 137-7 of the Municipal Code shall apply within the P-MU Zone, the PD-HC Zone and the PCD Zone. Additionally, in a P-MU Zone, no license shall be located within a radius of 500 feet of a residential premises.
[Added 3-4-1997 by Ord. No. 5877-97; amended 6-16-2009 by Ord. No. 6820-09; 12-18-2012 by Ord. No.
7068-12]
F.
Plenary retail consumption licenses.
[Amended 8-6-1996 by Ord. No. 5822-96; 3-4-1997 by Ord. No. 5877-97; 7-16-2002 by Ord. No. 6294-02]
(2)
To qualify as a consumption license restricted to
use in a restaurant in the City of Clifton, for the purposes of permitting
an exception on location requirements pursuant to this section, at
least 90% of the premises open to the public, exclusive of public
washrooms, must be used for the purpose of on-site consumption of
meals.
(3)
The foregoing prohibitions shall not prevent a renewal
or person-to-person transfer at an existing location.
G.
For purposes of this section, said distance shall
be measured from the nearest front entrance of the nearest existing
licensed premises to the nearest front entrance of the premises sought
to be licensed.
[Added 7-16-2002 by Ord. No. 6294-02]
[Amended 3-15-1983 by Ord. No. 4789-83; 5-3-1983 by Ord. No. 4808-83; 3-4-1997 by Ord. No. 5875-97; 12-16-2003 by Ord. No.
6387-03; 2-20-2007 by Ord. No. 6646-07; 1-2-2008 by Ord. No. 6711-08; 1-5-2009 by Ord. No. 6788-09; 2-15-2011 by Ord. No.
6930-11; 5-7-2013 by Ord. No. 7088-13; 3-7-2017 by Ord. No. 7360-17]
The fees to be paid for the following classes of licenses are
hereby fixed as follows:
A.
As of July 1, 2017:
(1)
Plenary retail consumption license: $2,500 per year.
(2)
Club license: $188 per year.
(3)
Plenary retail distribution license: $1,982 per year.
(4)
Limited retail distribution license: $63 per year.
(5)
Person-to-person transfer of plenary retail consumption license:
$250.
(6)
Person-to-person transfer of plenary retail distribution license:
$198.
(7)
Place-to-place transfer of plenary retail consumption license: $250.
(8)
Place-to-place transfer of plenary retail distribution license: $198.
(9)
Transfer application book: $6.
B.
As of July 1, 2018:
(1)
Plenary retail consumption license: $2,500 per year.
(2)
Club license: $188 per year.
(3)
Plenary retail distribution license: $2,250 per year.
(4)
Limited retail distribution license: $63 per year.
(5)
Person-to-person transfer of plenary retail consumption license:
$250.
(6)
Person-to-person transfer of plenary retail distribution license:
$225.
(7)
Place-to-place transfer of plenary retail consumption license: $250.
(8)
Place-to-place transfer of plenary retail distribution license: $225.
(9)
Transfer application book: $6.
C.
As of July 1, 2019:
(1)
Plenary retail consumption license: $2,500 per year.
(2)
Club license: $188 per year.
(3)
Plenary retail distribution license: $2,500 per year.
(4)
Limited retail distribution license: $63 per year.
(5)
Person-to-person transfer of plenary retail consumption license:
$250.
(6)
Person-to-person transfer of plenary retail distribution license:
$250.
(7)
Place-to-place transfer of plenary retail consumption license: $250.
(8)
Place-to-place transfer of plenary retail distribution license: $250.
(9)
Transfer application book: $6.
[Amended 3-19-1968 by Ord. No. 3824; 12-2-1980 by Ord. No. 4611-80; 3-6-1990 by Ord. No. 5397-90; 11-21-2017 by Ord. No. 7416-17]
The following limitations are placed upon a licensed premises:
A.
No consumption licensee shall serve, deliver or permit the consumption
or delivery of any alcoholic beverages on the licensed premises between
the following hours on the following days:
(1)
On New Year's Day, when it falls on a Sunday, between the hours
of 5:00 a.m. and 11:00 a.m.
(2)
On New Year's Day, when it falls on a weekday or Saturday, the
sale, service, delivery and consumption of alcoholic beverages shall
be prohibited at no time during the entire day.
(3)
On weekdays and Saturdays, between the hours of 3:00 a.m. and 7:00
a.m., except New Year's Day when it falls on a weekday or Saturday.
(4)
On Sundays, between the hours of 3:00 a.m. and 11:00 a.m., except
New Year's Day when it falls on a Sunday.
B.
No distribution licensee shall sell, serve, deliver
or permit the delivery of any alcoholic beverages or suffer the sale,
service or delivery of any alcoholic beverages on the licensed premises
between the following hours on the following days:
C.
Notwithstanding Subsection B above, no distribution licensee shall be prohibited from selling wine and malt alcoholic beverages in original bottles or can containers for consumption off the premises during such days and at such hours as the sale of alcoholic beverages for consumption on the premises is permitted.
D.
For purposes of this section, a "bona fide restaurant"
shall be deemed to be an establishment regularly and principally used
for the purpose of providing meals to the public for a price and having
an adequate kitchen and dining room equipped for the purpose of preparing,
cooking and serving meals for its customers and in which no other
operations are conducted except those merely incidental to the principal
use hereinbefore referred to.
E.
During the hours when sales of alcoholic beverages
are prohibited, any establishment having a license for the distribution
or consumption of alcoholic beverages in the City of Clifton whose
principal business and chief commercial operation is the sale and/or
consumption of alcoholic beverages, notwithstanding that food may
be served or other activities conducted in any such establishment
as an incident to the sale and/or consumption of alcoholic beverages,
shall be and remain closed.
F.
During the hours when sales of alcoholic beverages
are prohibited, any bona fide restaurant as hereinabove defined, hotel,
bowling alley, hall or other similar establishment which may hold
a license for the distribution or consumption of alcoholic beverages
in the City of Clifton but which regularly conducts other normal operations
not incidental to the sale and/or consumption of alcoholic beverages
may remain open for the purpose of conducting such other normal operations;
provided, however, that the bar area shall be closed, and, so long
as any patron or person other than or in addition to the licensee,
his or its agents, servants or employees remains in the premises,
the doors thereof shall remain unlocked, and the licensee, his or
its agents, servants or employees shall, upon demand, hold open the
premises for inspection and supervision by the Municipal Police Department
and/or any other law enforcement agencies.
A.
Display and sale.
(1)
No holder of a plenary retail distribution license
for premises upon which any mercantile business other than the sale
of alcoholic beverages is conducted shall:
(a)
Advertise or display any alcoholic beverages
on the premises, except in the liquor department as permitted by statute
and the rules and regulations of the New Jersey State Division of
Alcoholic Beverage Control.
(b)
Sell or offer for sale any alcoholic beverages
except from shelves, tables, counters, racks and stands, used exclusively
for that purpose, in an area separated from the rest of the store
by a nontransparent wall, from floor to ceiling or 10 feet in height,
whichever is less, through which access is provided by a door on or
over which shall be maintained a sign, in letters at least two inches
high but not more than five inches high, reading: "Liquor Department."
[Amended 7-7-1992 by Ord. No. 5592-92]
(2)
Nothing herein contained shall be construed to affect
those liquor departments which are already in existence as of November
1, 1960, and are separated from the rest of the store by a fence or
low wall and through which access is presently provided by a gate.
(3)
The foregoing requirements shall not prevent the storage
of alcoholic beverages in any refrigerating device on the premises
outside of the liquor department, provided that the alcoholic beverages
so stored are not in public view.
B.
Subsection A of this section shall not apply to premises upon which the sale of merchandise other than alcoholic and nonalcoholic beverages as accessories to alcoholic beverages is limited to the following:
[Amended 3-19-1968 by Ord. No. 3823]
(1)
The retail sale of cigars and cigarettes as an accommodation
to customers.
(2)
The sale of cocktail olives, cherries, onions and
similar accessories to alcoholic beverages.
(3)
The sale of popcorn, pretzels, nut products, potato
chips and similar snack items.
(4)
The sale of ice cubes.
(5)
The sale of mixing and drinking glasses, ice tongs,
ice crushers, strainers, pourers, mixing spoons and similar bar accessories
and other accessories generally used in the consumption of alcoholic
beverages.
(6)
The sale of wine racks, wicker baskets, insulated
carriers and similar containers.
(7)
Prepackaged gift items comprised of specially packaged
alcoholic beverages and glassware.
(8)
Gift items specially packaged by the licensee, such
as baskets containing alcoholic beverages and items or accessories
related to the service of the same.[1]
[1]
Editor's Note: Original Section 5-12, Employment
of females to tend bar, which immediately followed this section, was
repealed 1-5-1971 by Ord. No. 4024-71.
[Amended 7-2-1985 by Ord. No. 4988-85]
It shall be unlawful for any person under the
legal age for purchasing alcoholic beverages to enter any premises
licensed for the retail sale of alcoholic beverages for the purpose
of purchasing or having served or delivered to such person any alcoholic
beverage.
[Amended 7-2-1985 by Ord. No. 4988-85]
It shall be unlawful for any person under the
legal age for purchasing alcoholic beverages to consume any alcoholic
beverage on premises licensed for the retail sale of alcoholic beverages
or to purchase, or attempt to purchase or have another purchase for
him, any alcoholic beverage.
[Amended 7-2-1985 by Ord. No. 4988-85]
It shall be unlawful for a person to misrepresent
or misstate his or her age or the age of any other person for the
purpose of inducing any licensee or any employee of such licensee
to sell, serve or deliver any alcoholic beverage to a person under
the legal age for purchasing alcoholic beverages.
[Amended 7-2-1985 by Ord. No. 4988-85]
Holders of retail alcoholic beverage licenses
shall conspicuously post or exhibit upon the licensed premises a sign
or poster not less than 12 inches by 10 inches in size, containing
a statement that the sale of alcoholic beverages to persons under
the legal age for purchasing alcoholic beverages is prohibited. The
sign shall be displayed under such conditions that it may be read
by the public patronizing the licensed premises.
[Amended 6-6-2005 by Ord. No. 6490-05]
A.
All applicants for, and transferees of, plenary retail
consumption licenses, club licenses, plenary retail distribution licenses
and limited retail distribution licenses shall be fingerprinted either
by the Police Department of the City or by some other established
police authority, who shall forward to the Police Department of the
City of Clifton said prints, together with a certification that said
fingerprints are the prints of the applicant. Said prints must be
clear and readily classifiable in the opinion of the Chief of Police
of the City of Clifton.
B.
All bartenders, managers and security personnel of
holders of plenary retail consumption licenses shall, within 60 days
of the effective date of this subsection or within 60 days of commencement
of employment, be fingerprinted either by the Police Department of
the City or by some other established police authority, who shall
forward to the Police Department of the City of Clifton said prints,
together with a certification that said fingerprints are the prints
of the applicant. Said prints must be clear and readily classifiable
in the opinion of the Chief of Police of the City of Clifton.
[Amended 9-6-2005 by Ord. No. 6515-05]
C.
BARTENDER
MANAGER
SECURITY PERSONNEL
Definitions. The following definitions shall apply to Subsection B:
[Amended 9-6-2005 by Ord. No. 6515-05]
Any person who serves or mixes alcoholic drinks at a bar
for on-premises consumption by patrons at a plenary retail consumption
establishment.
Any person charged with the duty of administration and control
of the plenary retail consumption establishment.
Any person charged with the duty of protecting the safety
of the patrons and the orderly administration of the plenary retail
consumption establishment.
[Amended 5-20-1975 by Ord. No. 4280-75; 6-17-1975 by Ord. No. 4284; 6-6-2005 by Ord. No. 6490-05]
A.
The Chief of Police shall cause an investigation to
be made of each applicant, transferee and employee, which investigation
shall include the records on file with the City, the New Jersey State
Police and the Federal Bureau of Investigation, to determine whether
or not said applicant, transferee and employee has ever been convicted
of a crime and shall thereafter file a report with the Clifton Board
of Alcoholic Beverage Control containing the name of each person fingerprinted
and investigated and reveal therein any police or criminal record
of the applicant.
B.
In the event that there is a delay of more than 30
days in securing the reports from the New Jersey State Police and
the Federal Bureau of Investigation, the Chief of Police shall notify,
in writing, the Clifton Board of Alcoholic Beverage Control of such
delay. Upon receipt of such notification, the Board may consider
applicants for renewal or for person-to-person transfer and/or place-to-place
transfers, provided that said renewals or transfers, if approved,
are subject to the special condition that the Board reserves the right
to revoke its approval thereof should the report submitted by the
Chief of Police after receipt of the records from the New Jersey State
Police and the Federal Bureau of Investigation reveal any police or
criminal record of the applicant, transferee or employee.
C.
All such licenses shall be subject to revocation by
the Clifton Board of Alcoholic Beverage Control on recommendation
of the Chief of Police of any irregularities with regard to the record
of the applicant, transferee or employee, otherwise the special condition
imposed by the Board shall lapse.
[Amended 6-6-2005 by Ord. No. 6490-05]
In the event the applicant or licensee referred to in § 137-18 is a corporation, then every officer and director of the corporation shall, for the purposes of this article, be considered an applicant or licensee. The same requirements shall apply with respect to an unincorporated association or organization. Shareholders having more than a five-percent interest in the corporation shall be considered officers for the purposes of this article. If any corporation, association or organization holds 5% or more of the stock of an applicant corporation, then officers and directors of such other corporation, association or organization shall be disclosed and shall submit to fingerprinting as provided in § 137-18.
[Added 8-18-2015 by Ord.
No. 7236-15]
It shall be unlawful for any commercial establishment that does
not possess a valid liquor license in accordance with N.J.S.A. 33:1-1
et seq. to sell, serve, deliver or permit the consumption of wine
or malt alcoholic beverages, except sit-down restaurants that provide
table service to its customers, which may permit the consumption of
wine or malt alcoholic beverages in accordance with the restrictions
set forth in N.J.S.A. 2C:33-27, Consumption of alcohol in restaurants.
[1]
Editor’s Note: Former § 137-21,
Construction of provisions, was repealed 6-6-2005 by Ord. No. 6490-05.
