[Adopted 8-9-1971 as Ch. 32, Art. I, of the 1971 Code]
[Amended 7-9-2001 by Ord. No. 2001-11]
The number of licenses to sell alcoholic beverages in the Borough of Beach Haven, County of Ocean, New Jersey, at retail, shall be limited as follows:
A. 
Plenary retail consumption (33) licenses: 4.
B. 
Plenary retail consumption (32) licenses: 1.
C. 
Plenary retail consumption (36) licenses: 2.
D. 
Plenary retail distribution (44) licenses: 2.
[Amended 7-9-2001 by Ord. No. 2001-11]
Nothing in § 45-1 shall prevent the issuance of a new plenary retail consumption license to the operator of a hotel containing at least 100 sleeping rooms; provided, however, that an establishment in connection with which a license is issued pursuant to this section shall continue to be operated as a hotel containing at least 100 sleeping rooms, and, for failure so to continue, such license shall be revocable; and provided further that such license shall not be transferred to any premises not operated as a hotel containing at least 100 sleeping rooms.
[Last amended 11-13-2017 by Ord. No. 2017-34C]
The annual fees for such licenses as may be issued in this municipality pursuant to the provisions of this article shall be and hereby are fixed as follows:
A. 
Plenary retail consumption license: $2,500.
B. 
Plenary retail distribution license: $2,500.
C. 
Club license: $180.
No alcoholic beverage shall be sold between the hours of 2:00 a.m. and 7:00 a.m. of any day, with the following exceptions:
A. 
Sales may be extended until 3:00 a.m. on Sunday.
B. 
On the first day of January of each year, sales may be made throughout the entire day.
[Amended 6-26-1978 by Ord. No. 78-7]
A. 
No delivery or service of any alcoholic beverage shall be made, permitted or suffered to be made upon or within any licensed premises during any period when the sale of alcoholic beverages is prohibited hereby.
B. 
During the hours that the sale of alcoholic beverages is prohibited as herein above provided, the entire licensed premises shall also be closed, but this closing of premises requirement shall not apply to bona fide hotels nor to clubs.
C. 
All patrons must vacate the licensed premises within 20 minutes after the time when the sale of alcoholic beverages is prohibited. This requirement shall not apply to guests residing in bona fide hotels nor to clubs.
The hours fixed herein shall be according to Eastern standard time, except between the last Sunday of April and the last Sunday of October, when Eastern daylight saving time shall be effective.
[Amended 4-28-1975 by Ord. No. 75-8; 7-23-2001 by Ord. No. 2001-14]
It shall be unlawful for any person or persons to possess any kind of open container of alcoholic beverage or consume an alcoholic beverage upon any street, highway, alley, sidewalk, approach, step or beach, in any automobile or other vehicle parked upon or driven upon any street, highway or alley, or in any public building or any public place except in a licensed establishment and except for wine or malt alcoholic beverage at a restaurant as defined by N.J.S.A. 33:1-1t and as limited by N.J.S.A. 2C:33-27 and other applicable laws or more restrictive regulations by the owner or operator of the restaurant.
Each and every license for the sale of alcoholic beverages shall be issued subject to the provisions of the applicable statutes of the State of New Jersey, to the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control and to such rules and regulations as may be adopted by the governing body of this municipality.
Upon conviction of a violation of any provisions of this article or of any statute, rule or regulation aforesaid, any license issued by this municipality may be suspended or revoked in accordance with rules and regulations heretofore or hereafter promulgated by the Commissioner of Alcoholic Beverage Control.