[Adopted 3-15-1984 as Ch. 8, Art.
I, of the 1970 Revised Ordinances]
[Amended 4-19-1990 by Ord. No. 90-16]
This article is for the purpose of the regulating
of the sale and transportation of alcoholic beverages in the Borough
of Carteret, in the County of Middlesex, 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,[1] and in accordance with the rules and regulations issued
or to be promulgated by the State Director of the Division of Alcoholic
Beverage Control applicable thereto.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 4-19-1990 by Ord. No. 90-16]
All applications for licenses or special permits
under this article and all licenses issued thereunder and all proceedings
in connection therewith shall be subject to said Act and said rules
and regulations of said State Director of the Division 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.
A.
The Mayor and Council of the Borough of Carteret,
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 Director of the Division of Alcoholic Beverage Control.
[Amended 4-19-1990 by Ord. No. 90-16]
B.
The Detective Bureau of the Police Department is hereby
designated as the alcoholic beverage control investigation and enforcement
unit and is hereby authorized and empowered to investigate, inspect,
search or examine any licensed premises as may be necessary to the
Alcoholic Beverage Control Law[1] or rules and regulations promulgated thereunder.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
C.
Recovery
of costs of disciplinary hearings. In order to recoup the costs and
fees incurred in or arising out of the institution and holding of
a disciplinary hearing held pursuant to N.J.S.A. 33:1-31, the Mayor
and Council of the Borough of Carteret shall have the authority to
impose upon a licensee who, as a result of a disciplinary hearing,
is found to have violated any of the alcoholic beverage ordinances
of the Borough or alcoholic beverage control laws and regulations
of the state, or who, after the commencement of a disciplinary hearing,
enters into a settlement agreement in which liability is acknowledged,
the reasonable costs and legal fees incurred by the Borough, including
for legal counsel to the governing body and special prosecutor, involving
or arising out of the hearing, including charges, preparation for
the hearing, and prosecution of the charges. After a determination
of liability or settlement, the Chief Administrative Officer will
determine the costs and fees and shall inform the licensee in writing
the amount assessed and the basis for the calculation of the fees
and costs assessed. If the licensee contests the amount of the fees,
the licensee shall, within 10 business days of receipt of the assessment
and calculation of costs and fees, submit written objections to the
assessment or the amount. The governing body shall then make a final
determination on the assessment of the fees and costs. The licensee’s
right to appeal from the finding of liability for violations, and/or
the assessment of fees and costs, if any, shall commence upon the
final determination of the Chief Administrative Officer as to the
assessment of fees and costs. If the parties resolve the charges by
settlement agreement after the commencement of a hearing, the parties
may provide in the agreement for payment of a specified amount of
costs and fees.
[Added 4-8-2010 by Ord. No. 10-03]
[Amended 4-8-2010 by Ord. No. 10-03]
A.
No license
shall be issued except after written application upon forms approved
by the governing body, is presented by the proposed licensee and inspection
and investigation is made by the alcoholic beverage control investigation
and enforcement unit and after conformity with publication of notice
and otherwise as required by said Act and this article.
C.
Orientation
and education. As a precondition of renewal of any type of retail
consumption license and of any type of retail distribution license,
the licensee shall, on an annual basis, attend an orientation and
education program provided by the Borough, to be offered at a date
and location as determined by the Borough. The notice for said orientation
and education program shall be included with the annual renewal application.
Attendance at the program shall be by any person listed as a shareholder,
partner, officer, or director on the application for a license, as
modified at any time after issuance of the license, or by a general
manager, manager or other person who regularly performs as the primary
person in charge of the daily operations of and in the licensed premises.
Any licensee who fails to attend the initial session of the orientation
and education program will have the opportunity to make up the session
at a cost of $250. There will be one make-up session per year. Failure
to attend either of the sessions will be cause for nonrenewal of the
liquor license.
It shall be unlawful to sell, distribute or
deliver alcoholic beverages in the Borough of Carteret in the County
of Middlesex without a license or special permit previously applied
for and granted pursuant to the provisions of this article and said
Act.
[Amended 8-16-1984 by Ord. No. 84-26; 9-20-1984 by Ord. No. 84-31; 10-3-2002 by Ord. No. 02-20; 1-25-2007 by Ord. No. 07-01; 4-10-2008 by Ord. No. 08-06]
The fee for a plenary retail consumption license
shall be $525 for 2003, $630 for 2004, $756 for 2005, $907 for 2006,
$1,088 for 2007, $1,250 for 2008, $1,375 for 2009 and $1,512 for 2010
and every year thereafter, and the holder of such license shall be
entitled, subject to rules and regulations, 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. Such license
shall not permit the sale of alcoholic beverages in or upon any premises
in which a grocery, delicatessen, drugstore or other mercantile business
is carried on, except the keeping of a hotel or restaurant or the
sale of cigars and cigarettes at retail as an accommodation to patrons
or the retail sale of nonalcoholic beverages as necessary beverages
to alcoholic beverages.
[Amended 8-16-1984 by Ord. No. 84-26; 9-20-1984 by Ord. No. 84-31; 10-3-2002 by Ord. No. 02-20; 1-25-2007 by Ord. No. 07-01; 4-10-2008 by Ord. No. 08-06]
The fee for a plenary retail distribution license
shall be the sum of $360 for 2003, $432 for 2004, $518 for 2005, $621
for 2006, $745 for 2007, $1,500 for 2008, $1,650 for 2009 and $1,815
for 2010 and every year thereafter, and the holder of such license
shall be entitled, subject to rules and regulations, to sell any alcoholic
beverage for consumption off the licensed premises, but only in original
containers.
A.
The fee for a club license shall be the sum of $75
for 2003, $100 for 2004, $125 for 2005, $150 for 2006 and $150 for
2008 and every year thereafter, 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 8-16-1984 by Ord. No. 84-26; 10-3-2002 by Ord. No. 02-20; 4-10-2008 by Ord. No. 08-06]
B.
Club licenses limited; hotels and motels excepted.
(1)
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 the State Director
of the Division of Alcoholic Beverage Control; provided, however,
that no license shall be granted hereafter unless and until the number
of such licenses issued and outstanding shall be fewer than 14, except
as hereinafter set forth.
[Amended 4-19-1990 by Ord. No. 90-16]
(2)
Renewal or transfer.
(a)
Nothing contained in Subsection B(1) above shall prevent the issuance in the Borough of Carteret of a new license to a person who operates a motel or hotel containing at least 100 sleeping rooms or who may hereafter construct and establish a new motel or hotel containing at least 100 sleeping rooms; provided, however, that the renewal or transfer of such a license must be renewed or transferred to a motel or hotel containing at least 100 sleeping rooms.
(b)
To the extent permitted by law, the fee for the issuance of a new motel or hotel license as authorized by Subsection B(2)(a) above shall be $50,000.
[Added 1-26-2006 by Ord. No. 06-05]
(c)
Motel/hotel license renewal.
[Added 4-24-2008 by Ord. No. 08-20]
|
Year
|
Fee
| |
|---|---|---|
|
2008
|
$3,750
| |
|
2009
|
$4,125
| |
|
2010
|
$4,536
|
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.
[Amended 4-19-1990 by Ord. No. 90-16]
All applications for licenses shall have set
forth, in full, answers to questions prescribed by the aforesaid Act
and by the rules and regulations of said State Director 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[1] and said rules and regulations.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
All licenses shall be for the 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 and 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 Borough of Carteret
shall be entitled, after deduction of 50% of said fee as a surrender
fee, to the prorated fee for the unexpired term.
A.
No plenary retail consumption license shall be transferred
to another premise or granted to a premise within a distance of 400
feet from an existing licensed premise covered by a plenary retail
distribution license. Nothing in this section shall prevent the transfer
of a club license within four hundred (400) feet of an existing licensed
premise.
[Amended 12-27-1995 by Ord. No. 95-60]
B.
No plenary retail distribution license shall be transferred
to another premises or granted to a premises within a distance of
four hundred (400) feet from an existing licensed premises covered
by a plenary retail distribution license.
C.
The provisions of Subsections A and B of this section shall not apply to the renewal of licenses which are issued and outstanding on the passage of this article, nor to the renewal of any such licenses hereafter transferred to another person, provided that the place of business or premises shall remain the same as set forth in the license issued and outstanding on the passage of this article.
D.
The provisions of Subsection A and B of this section shall not apply to the first transfer of any such license to another premises, provided that the premises to which said business is transferred shall be within six hundred (600) feet of the premises wherein the business is at present conducted, nor to the renewal of any such license thus transferred, nor to the transfer of such license to another person; said six hundred (600) feet to be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said premises to the nearest entrance of the premises sought to be licensed.
E.
The provisions of Subsection A and B of this section shall not apply to transfers of licenses to eating establishments having seating capacity of 75 or more persons and who have bar areas with seating capacity of six persons or fewer. Transfers to said establishment may be allowed to premises within 75 feet of the existing plenary license holders.
[Added 4-20-1995 by Ord. No. 95-19]
A.
No plenary retail consumption license shall be issued
in the Borough of Carteret unless and until the combined total number
of such licenses existing in the Borough of Carteret is fewer than
one (1) for each three thousand (3,000) of its population as shown
by the last federal census.
B.
No new plenary retail distribution license shall be
issued in the Borough of Carteret unless and until the number of such
licenses existing in the Borough of Carteret is fewer than one (1)
for each seven thousand five hundred (7,500) of its population as
shown by the last federal census.
C.
Provisions of this section shall not apply to the
renewal of licenses which are issued and outstanding on the passage
of this article, nor shall said provisions apply to the transfer of
such licenses nor to the renewal of licenses so transferred.
A.
Every licensee holding a plenary retail consumption
license or a plenary retail distribution license, and the agents,
bartenders, waiters, waitresses, barmaids, dancers, musicians or other
employees of said licensee, shall make application to the alcoholic
beverage control investigation and enforcement unit for an identification
card, which card shall be issued only upon completion of the application
form provided by the alcoholic beverage control investigation and
enforcement unit. Said identification card shall be issued to all
applicants subject to said person being qualified to transact business
or work at a location serving alcoholic beverages as per state alcoholic
beverage control laws, rules and regulations. The application shall
require complete answers, in writing, as to the identity, character,
general experience and other pertinent information with regard to
the licensee, his agent, bartender, waiter or other employees.
[Amended 4-5-1984 by Ord. No. 84-13]
B.
Upon notification by the alcoholic beverage control
investigation and enforcement unit to the licensee, agents, bartenders,
waiters, waitresses, barmaids, dancers, musicians or other employees
that the application has been approved, the individual shall report
immediately to the Carteret Police Department and permit the Police
Department to take an impression of the thumb and fingertips of both
hands. At the time of taking the fingerprints, the individual shall
permit the Police Department to take a photograph of the individual,
which photograph shall be attached to an identification card which
shall be issued to the individual and which shall be on file on the
licensed premises where he is employed so that it can be exhibited
on demand at any time. Such identification card shall expire one year
from the date of issuing, at which time new photographs shall be taken
and an updated identification card issued to the licensee, agent,
bartender, waiter and/or other employee. Each individual shall be
required to pay a fee of $10 per year for each identification card,
$25 for 2008 and $35 for 2009 and thereafter. In the event that, at
the discretion of the alcoholic beverage control and investigation
and enforcement unit, the licensee, agent, bartender, waiter, waitress,
barmaid or other employee shall physically change in appearance so
that the identification card photograph no longer depicts his appearance,
the licensee, agent, bartender, waiter, waitress, barmaid or other
employee shall be required to have a new photograph taken, for which
the cardholder shall pay a fee of $15.
[Amended 4-10-2008 by Ord. No. 08-06]
C.
Every licensee holding a club license shall be required to have its president and bar manager comply with the provisions of Subsections A and B. Further, club licensees shall notify the alcoholic beverage control investigation and enforcement unit as to any change in the individuals serving in the capacity as president and/or bar manager.
D.
No licensee shall engage or employ any agent, bartender,
waiter, dancer or other employee in connection with the business of
the licensee until and unless such person shall have conformed to
the requirements of this article.
A.
Any license issued under this article may be revoked
or suspended for violation of any of the provisions of this article
or any of the provisions of said Act or said statutes heretofore mentioned
or any of the regulations and rules prescribed by the State Director
of the Division of Alcoholic Beverage Control.
[Amended 4-19-1990 by Ord. No. 90-16]
B.
Proceedings for suspension or revocation shall be
in accordance with the provisions of said Act,[1] by service of a five-day notice of charges preferred against
the licensee, as provided in said act, and by providing a reasonable
opportunity for a hearing, and such suspension or revocation shall
carry the penalties and prohibitions provided for in said Act.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
All premises in which said alcoholic beverages
shall be sold or otherwise dispensed, except those which hold club
licenses, 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.
A.
No alcoholic beverages shall be sold, delivered or
served to or consumed in any licensed premises on any day between
the hours of 2:00 a.m. and 6:00 a.m., except New Year's Day, Christmas
Day, Saturdays and Sundays, as hereinafter provided for.
[Amended 4-5-1984 by Ord. No. 84-13]
B.
On Saturdays, no alcoholic beverages may be sold,
served, delivered to or consumed in the licensed premises between
the hours of 3:00 a.m. and 6:00 a.m. On a Sunday which does not fall
on a major holiday no alcoholic beverages may be sold, served, delivered
to or consumed in the licensed premises between the hours of 3:00
a.m. and 10:00 a.m. On New Year’s Day, when the same falls on
a weekday or Saturday, no alcoholic beverages may be sold, served,
delivered to or consumed in the licensed premises between the hours
of 4:00 a.m. and 6:00 a.m. On New Year’s Day, when the same
falls on a Sunday, no alcoholic beverages may be sold, served, delivered
to or consumed in the licensed premises between the hours of 4:00
a.m. and 10:00 a.m.
[Added 4-5-1984 by Ord. No. 84-13; amended 12-19-2006 by Ord. No. 06-58]
C.
During the hours that sales of alcoholic beverages
are prohibited, all licensed premises except those for which plenary
retail distribution licenses are issued and on which other mercantile
business is conducted, and those for which plenary retail consumption
licenses are issued and on which a bona fide restaurant is conducted,
shall be closed.
D.
No patron shall remain on the licensed premises during the hours when the sale or consumption of alcoholic beverages is prohibited as defined by Subsection A of this section. Any patron violating this subsection of the article shall be subject to arrest and/or, upon conviction thereof, to a fine or imprisonment, or both, as provided for in § 71-22 of this article.
E.
The hours above referred to shall be the time officially
in effect in the Borough of Carteret.
F.
Any holder of a plenary retail consumption or plenary
retail distribution license shall be required to keep his/her licensed
premises open for a minimum of 50 hours and six days from Monday to
Sunday, inclusive, for the consumption and/or sale of alcoholic beverages
on the licensed premises.
[Added 6-16-2005 by Ord. No. 05-30]
[Amended 4-19-1990 by Ord. No. 90-16]
A.
Persons under the legal age for purchasing alcoholic
beverages shall not be allowed in any room in which any bar is located
unless accompanied by a parent or guardian.
B.
No sale of alcoholic beverage for consumption on the
licensed premises shall be made to any person under the legal age
for purchasing alcoholic beverages, mentally defective person or habitual
drunkard.
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.
No license shall be issued for the sale of alcoholic
beverages within two hundred (200) feet of any church or public school
or private schoolhouse not conducted for pecuniary profit, except
to manufacturers, wholesalers, hotels, clubs and fraternal organizations
which own or are actually in possession of the licensed premises at
the time of the effectiveness of the aforesaid Act,[1] said two hundred (200) feet to be measured in the normal
way that a pedestrian would properly walk from the nearest entrance
of said church or school to the nearest entrance of the premises sought
to be licensed; provided, however, that this prohibition may be waived
at the issuance or renewal of such license by the duly authorized
governing body; and provided also that this prohibition shall not
apply to the renewal of said license where no such school or church
was located within said prohibited distance of said licensed premises
at the time of the issuance of said license, or as otherwise excepted
by the provisions of said Act.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 4-5-1984 by Ord. No. 84-13; 4-19-1990 by Ord. No. 90-16]
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 shall, on conviction thereof, be subject to a penalty as set forth in § 71-22.
A.
The penalties set forth in § 1-17 of this Code shall apply to any violation of this article and shall be in addition to any and all penalties prescribed by and set forth in N.J.S.A. Title 33.
[Amended 4-19-1990 by Ord. No. 90-16]
B.
The Municipal Council of the Borough has the power to revoke the identification card issued pursuant to § 71-14, subject to the conducting of an appropriate hearing. Revocation may occur if the holder of the identification card violates any of the criminal laws of the State of New Jersey involving moral turpitude.
[Added 4-5-1984 by Ord. No. 84-13]
