[Adopted 2-27-1935 by Ord. No. 872 (Ch.
82, Art. I, of the 1979 Code)]
The Mayor and City Council of the City of Garfield,
being the governing body of said municipality, shall constitute the
authority for the administration of issuance of licenses under this
article.
[Amended 2-19-1985 by Ord. No. 1858; 12-6-1994 by Ord. No.
2168; 12-16-1997 by Ord. No. 2232; 3-9-2010 by Ord. No. 2573; 10-26-2021 by Ord. No. 2903; 11-22-2022 by Ord. No. 2966; 12-19-2023 by Ord. No.
3018]
The annual fee for a plenary retail consumption
license shall be in the sum of $1,555.
A. The annual fee for a plenary retail distribution license
shall be in the sum of $1,555.
[Amended 2-19-1985 by Ord. No. 1858; 12-6-1994 by Ord. No.
2168; 12-16-1997 by Ord. No. 2232; 2-27-2001 by Ord. No. 2301; 3-9-2010 by Ord. No. 2573; 10-26-2021 by Ord. No. 2903; 11-22-2022 by Ord. No.
2966; 12-19-2023 by Ord. No. 3018]
B. No such license shall be issued in or upon any premises
in which any other mercantile business is carried on.
During all closing hours, all shades, screens
and other obstructions shall be removed from the windows and doors
of the licensed premises.
[Added 5-5-1943 by Ord. No. 980; amended 10-3-1978 by Ord. No.
1667]
A. From and after the passage of this amendment, no retail
liquor license of any class shall be granted for or transferred to
any premises, the property line of which is within the area of a circle
having a radius of 1,000 feet to the property line of any other licensee.
The restriction set forth herein shall not apply to premises located
within a designated redevelopment zone within the City of Garfield.
[Amended 7-21-2009 by Ord. No. 2557]
B. Notwithstanding the distance limitation hereinabove
contained, the City may, in its discretion, allow the transfer of
any such licensed premises which shall be taken by the power of eminent
domain by any municipal, county, state or federal project. Any existing
license may, within the discretion of the Mayor and City Council,
be transferred to any place within a radius of 500 feet of its present
location if it has not been previously transferred from the place
for which it was originally issued, notwithstanding that said new
location within 500 feet may be within 1,000 feet in radius of any
existing premises; provided, however, that the new location in any
event shall be in a radius of at least 1,000 feet from the property
line of any distribution license.
[Amended 10-17-1978 by Ord. No. 1671]
D. The City
Council may, upon the recommendation of the City Manager, permit the
transfer of a license to a location which is within 1,000 feet of
another licensed premises if, upon a review of the proposed use and
location, the governing body believes that it would be in the best
interest of the City of Garfield to allow such location. Upon consideration
of a request for transfer to a location within 1,000 feet of another
location, the Mayor and Council shall adopt a resolution setting forth
the reasons for allowing a transfer to such a location. This waiver
may only be granted to locations on River Drive and locations on Midland
Avenue between Passaic Street and Outwater Lane and locations on Passaic
Street from River Drive to the East Corner of Passaic Street and Marsellus
Place.
[Added 3-9-2010 by Ord. No. 2574; amended 5-17-2016 by Ord. No. 2743; 6-15-2021 by Ord. No. 2879]
[Added 5-5-1943 by Ord. No. 980; amended 2-6-1946 by Ord. No.
993]
Not more than eight plenary retail distribution
licenses shall be issued and outstanding in the City of Garfield at
the same time.
[Added 3-23-1938 by Ord. No. 888; amended 2-19-1985 by Ord. No.
1858; 12-6-1994 by Ord. No. 2168; 3-9-2010 by Ord. No. 2573]
The annual fee for a club license shall be in
the sum of $150.
[Added 3-23-1938 by Ord. No. 888; amended 10-6-1953 by Ord. No.
1150, 7-14-1959 by Ord. No. 1245, 6-18-1963 by Ord. No. 1310]
The number of group licenses shall be limited
to five.
No more than one retail license shall be granted
to any person, corporation, partnership, limited partnership or association,
and said license shall cover only the licensed premises.
No hostess, waitress, waiter, entertainer or
other employee of any licensee shall be served with any food or beverage,
alcoholic or otherwise, at the table with or at the expense of any
customer or patron.
No hostess, waitress, waiter, entertainer or
other employee of any licensee shall sit at any table or stand at
any bar with any customer or patron.
No licensee shall harbor criminals or lawless
or immoral individuals, or permit the licensed premises to be used
in the procuring or furnishing of women for immoral purposes or for
the commission of crime or immoral acts or for the defrauding or permitting
the defrauding of anyone in the licensed premises by misrepresentation
or threats.
No licensee shall employ as waiter, entertainer
or in any other capacity whatsoever, or permit to be in the licensed
premises, any person commonly known as a "female impersonator."
No gambling devices shall be maintained, possessed
or allowed to be in, upon or about any licensed premises, whether
or not such gambling device be in operation or capable of being operated.
No gambling shall be permitted upon any licensed
premises.
No person shall be served in any back room or
side room which is not open to the use of the public generally.
[Amended 1-11-1939 by Ord. No. 913; 7-16-1941 by Ord. No.
963; 12-1-1958 by Ord. No. 1239; 5-23-2006 by Ord. No. 2459; 5-8-2007 by Ord. No.2492]
A. No licensee shall sell, serve, or deliver, or allow,
permit or suffer the sale, service or delivery of, any alcoholic beverages
or allow consumption of any alcoholic beverages on the licensed premises
on Monday through Saturday between the hours of 2:00 a.m. and 8:00
a.m. or on Sundays between the hours of 2:00 a.m. and 12:00 noon.
B. During the hours sales are hereinabove prohibited,
the entire licensed premises shall also be closed and no person shall
be permitted to enter or remain therein except the licensee and bona
fide employees of the licensee. The premises shall be closed to the
public and all members of the public shall be required to remove themselves
from the premises during the above hours.
C. No plastic cups, bottles or other containers shall
be removed from the licensed premises regardless of whether those
containers are utilized for the service of alcoholic beverages or
nonalcoholic beverages.
D. The licensee shall be required to maintain the exterior
of the licensed premises, including the sidewalks surrounding the
licensed premises, in a neat and orderly manner and shall be required
to pick up and dispose of any litter which may be disposed of on or
around the licensed premises. The licensee shall be required to perform
such routine cleanup and maintenance responsibilities each day prior
to the hour of opening of the premises.
E. In the event that the licensee schedules a “special
event,” which shall be defined as any event which requires additional
security and/or additional parking, the licensee shall be required
to notify the Garfield Police Department of such special event at
least seven days prior to the date of the event. The licensee shall
provide the Garfield Police Department with the following information:
(3) Persons or entity which has contracted for the event;
(4) Description of additional security measures and/or
parking requirements for the event.
F. In the event that a special event is scheduled as
described above, the Chief of Police, or his designee, shall have
the authority to require such other security measures he or she may
deem necessary in order to protect the interests of the City of Garfield
and its residents and taxpayers. The licensee shall comply in all
respects with the directions of the Chief of Police or his designee.
[Added 10-16-1990 by Ord. No. 2044]
The City Council may from time to time authorize,
by resolution, the City Manager to acquire by contract or land condemnation,
as the case may be, a plenary retail consumption liquor license, all
pursuant to N.J.S.A. 40:48-2.39 and/or N.J.S.A. 40:48-2.40.
A. Authorized sum. The resolution of the City Council
may but need not specify the amount to be paid for a plenary retail
consumption license. The amount paid or authorized to be paid shall
not exceed the sum authorized by statute.
B. Minimum number of licenses. No acquisition shall result
in a reduction of the number of plenary retail consumption licenses
to fewer than statutory formula as follows: one for each 3,000 of
the City's population.
C. Reissue of acquired license prohibited. No such acquisition
shall thereafter be reissued to any applicant, and the license so
acquired shall thereafter be permanently retired.
D. Indebtedness for acquisition. The City Council may,
by resolution or ordinance, as the case may be, authorize indebtedness
to acquire a plenary retail consumption license.
[Added 6-12-2007 by Ord. No. 2494]
"Teen nights," teenage dances or other events
which are intended to attract customers and patrons under the legal
drinking age are specifically prohibited at all liquor licensed establishments.
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 N.J.S.A. 33:1-1 et seq., its
supplements and amendments, or of any of the regulations and rules
issued or to be promulgated by the State Commissioner of Alcoholic
Beverage Control applicable thereto.
[Added 5-16-1972 by Ord. No. 1492]
It shall not be unlawful for the holder of any
liquor license in the City of Garfield to sell or offer for sale at
retail or deliver to any consumer any alcoholic beverage on the day
of any municipal, county, state or national election, including general,
primary or special elections, during the hours lawfully permitted
for same.
[Added 5-16-1972 by Ord. No. 1492]
It shall not be unlawful for the holder of any
plenary retail consumption liquor license to sell at retail or offer
for sale at retail for on-premises consumption any alcoholic beverage
until 3:00 a.m., Eastern standard time, on the last Sunday in April
when Eastern daylight saving time would otherwise take effect.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No.
2457]
Any person, firm or corporation violating this
article, upon conviction, shall be punished by one or more of the
following: a fine not exceeding $2,000; imprisonment for a term not
exceeding 90 days; and/or a period of community service not exceeding
90 days.