[Derived from Chapter 3 of the 1974 Code]
This article is adopted pursuant to the provisions
of Title 33 of the New Jersey Statutes Annotated and the amendments
thereof and supplements thereto for the purpose of regulating the
sale and transportation of alcoholic beverages in the Borough of Garwood.
The Mayor and Council of the Borough shall constitute
the authority for the issuance of licenses under this article.
[Amended 5-9-1989 by Ord. No. 89-05]
A.Â
The classes of licenses and the fees therefor to be
issued by the Borough are hereby fixed as follows:
[Amended 5-14-2002 by Ord. No. 02-11; 11-12-2003 by Ord. No.
03-17; 4-27-2010 by Ord. No. 10-04; 2-28-2017 by Ord. No. 17-03; 4-23-2020 by Ord. No. 20-04; 4-13-2023 by Ord. No. 23-04]
B.Â
All licenses shall be for a term of one year from
the first day of July of each year, and all fees shall be paid in
advance upon presentation of an application.
C.Â
No license shall be issued to any person not fully
qualified under the provisions of Title 33 of the New Jersey Statutes
Annotated, and the amendments thereof and supplements thereto.
The number of licenses shall not be in excess
of those permitted under applicable state law. Nothing herein shall
have the effect of disabling the issuance, renewal and transfer of
existing licenses.
No person shall sell or distribute alcoholic
beverages except as licensed by the Borough or state.
[Amended 12-12-1989 by Ord. No. 89-21; 4-23-1996 by Ord. No. 96-07]
No licensee shall sell, serve, deliver, or allow,
permit or suffer the sale, service, or delivery of any alcoholic beverages;
or allow, permit or suffer the consumption of any alcoholic beverages
on any licensed premises before the hour of 7:00 a.m. on weekdays
or before the hour of 12:00 noon on Sundays, or after the hour of
2:00 a.m. on all days except New Year's Day when sales may continue
to be made until 5:00 a.m. If, however, December 24 and December 31
fall on Sundays, then the weekday 7:00 a.m. opening hour shall apply
on those days.
[Amended 8-22-2000 by Ord. No. 00-12; 11-28-2000 by Ord. No. 00-17]
During the hours in which the sale of alcoholic
beverages is prohibited, the licensed premises shall be closed, except
that restaurants may be opened from 7:00 a.m. to 12:00 noon on Sunday.
[Amended 12-10-2002 by Ord. No. 02-28]
No licensee shall cause, permit, or suffer any
alcoholic beverage to be sold, served or dispensed to any person under
the legal age for purchasing alcoholic beverages as defined by the
Statutes of New Jersey; or allow, permit or suffer the consumption
of alcoholic beverages by any such person upon the licensed premises.
[Amended 12-10-2002 by Ord. No. 02-28]
It shall be unlawful for any person under the
legal age for purchasing alcoholic beverages to enter any licensed
premises, for any purpose, unless accompanied by his parent or by
some person who is not a person under the legal age for purchasing
alcoholic beverages.
No person shall be served in any room which
is not open to the use of the public generally; provided, however,
that nothing in this section shall be deemed to prohibit the service
of alcoholic beverages to hotel guests in their rooms or service in
private dining rooms of bona fide hotels and restaurants. This section
shall not be applicable to club licenses.
All premises in which alcoholic beverages are
sold or dispensed, excepting guest rooms in hotels and private dining
rooms in hotels and restaurants, shall be so arranged that a full
view of the interior may be had from the public thoroughfare or from
adjacent rooms to which the public is freely admitted. All such premises
shall be lighted sufficiently so that a full view of the interior
thereof may be had at all hours from the public thoroughfare or from
adjacent rooms to which the public is freely admitted.
[Added 11-23-1993 by Ord. No. 93-34]
A.Â
Dancing and entertainment. No licensee shall engage
in or shall allow, permit or suffer any person employed by such licensee
to perform any dancing or other entertainment in or on any part of
the alcoholic beverage licensed premises in a lewd, licentious or
lascivious manner.
B.Â
Exposure or indecent attire of entertainers. No licensee
shall engage in or shall allow, permit or suffer any person to appear
on the premises of any establishment licensed for the sale and distribution
of alcoholic beverages, in any act, scene, sketch or other form of
entertainment, including dancing for the benefit of patrons, with
breasts or lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered.
C.Â
Exposure or indecent attire of waitresses, waiters,
barmaids or bartenders. No licensee shall employ, allow, permit or
suffer any waitress, barmaid, waiter, bartender or any other person
who comes in contact with or is likely to come in contact with the
patrons of any establishment licensed for the sale and distribution
of alcoholic beverages to appear in the presence of such patrons with
breasts or the lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered.
[Added 11-23-1993 by Ord. No. 93-34]
A.Â
Fine and imprisonment. Any person who violates any
provisions of this article shall upon conviction thereof, be punished
by a fine not exceeding $1,250, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof.
[Amended 12-10-2002 by Ord. No. 02-28]
B.Â
Suspension and revocation. In addition to the penalties provided in Subsection A, the license issued pursuant to this article may be suspended or revoked for violation of any provisions of this article or for violation of any provisions of Chapter 1 of Title 33 of the Revised Statutes, or of any of the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control.
