[HISTORY Adopted by the City Council of the
City of Hackensack as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 119.
[Adopted 9-16-1935 by Ord. No. 226; amended
in its entirety 4-15-1974 by Ord.
No. 1-74]
As used in this article, the following terms
shall have the meanings indicated:
Any fluid, or solid capable of being converted into a fluid,
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed, fermented or distilled liquors fit for use
for beverage purposes, or any mixture of the same and fruit juices.
The following types of licenses for the sale
of alcoholic beverages shall be issued by the City Manager with the
confirmation of the City Council:
A.
Plenary retail consumption license.
(1)
The holder of a plenary retail consumption license
shall be entitled, subject to rules and regulations prescribed from
time to time by the State Department of Alcoholic Beverage Control
or the City Council, to sell for consumption on the licensed premises
any alcoholic beverage by the glass or other open receptacle and also
to sell alcoholic beverages in original containers for consumption
off the licensed premises.
(2)
In addition to plenary retail consumption licenses
as heretofore described and without regard to whatever limitation
there may be as to the number of plenary retail consumption licenses
permitted by law at any one time within the City of Hackensack, additional
plenary retail consumption licenses may be approved from time to time
by the City Council, upon recommendation thereof by the City Manager,
for hotels of 50 rooms or more upon the condition that their effectiveness
shall continue during the license year and renewal thereof shall be
upon the condition that (among other things) the premises for which
such licenses are issued shall continue to be operated as a hotel
of 50 rooms or more and that the license shall not be transferred
to any other premises which are not operated as a hotel of 50 rooms
or more.
B.
Seasonal retail consumption license. The holder of
a seasonal retail consumption license shall be entitled, subject to
rules and regulations prescribed from time to time by the State Department
of Alcoholic Beverages Control or the City Council, to sell, during
the summer season from May 15 until September 15, inclusive, or during
the winter season from November 15 to April 15, inclusive, for consumption
on the licensed premises any alcoholic beverage by the glass or other
open receptacle and also to sell alcoholic beverages in original containers
for consumption off the licensed premises.
C.
Plenary retail distribution license. The holder of
a plenary retail distribution license shall be entitled, subject to
rules and regulations prescribed from time to time by the State Department
of Alcoholic Beverage Control or the City Council, to sell alcoholic
beverages in original containers only for consumption off the licensed
premises.
D.
Club license. The holder of a club license shall be
entitled, subject to rules and regulations prescribed from time to
time by the State Department of Alcoholic Beverage Control or the
City Council, to sell, only to bona fide guests, alcoholic beverages
intended for immediate consumption on the licensed premises.
Applications for licenses to be issued under
this article shall be in such form as is prescribed by the rules and
regulations of the State Department of Alcoholic Beverage Control.
Every applicant for a license to be issued under
this article shall cause a notice of intention to make such application
to be published in accordance with the rules and regulations prescribed
by the State Department of Alcoholic Beverage Control.
All licenses issued under this article shall
be issued to the person, firm, corporation, association, partnership,
trust, company or organization applying therefor, or the manager,
servant, officer or employee of any of them applying therefor, upon
the approval of the City Manager and the City Council. After payment
of the appropriate license fee is made to the Tax Collector and the
issuance of the said license is approved by the City Council, then
only is the City Manager empowered to issue licenses provided for
by this article. All licenses issued under this article shall be signed
by the City Manager.
The number of licenses permitted for each type
of license shall be determined according to the procedure established
by the State Department of Alcoholic Beverage Control, based on current
population figures for the City of Hackensack.
A.
Plenary retail consumption licenses. No plenary retail
consumption license shall be granted for or transferred to any premises
within 500 feet of any other premises for which a plenary retail consumption
license is outstanding, said distance to be measured in the normal
way that a pedestrian would walk from the nearest entrance of the
licensed premises to the nearest entrance of the premises sought to
be licensed, except that this restriction shall not apply to licenses
which are being utilized as supportive of a restaurant with full dining
amenities with seating for a minimum of 100 patrons at tables with
waiters. This restriction shall not prevent renewals or person-to-person
transfers of plenary retail consumption licenses for premises licensed
on the effective date of this article.
[Amended 2-22-1977 by Ord. No. 3-77]
B.
Plenary retail distribution licenses. No plenary retail
distribution license shall be issued for or transferred to any premises
within 1,500 feet of any other premises for which a plenary retail
distribution license is outstanding, said distance to be measured
in the normal way that a pedestrian would properly walk from the nearest
entrance, of the licensed premises to the nearest entrance of the
premises sought to be licensed.
The City Council may suspend and revoke any
license issued under this article for any reasons it may deem just
and in accordance with the provisions of N.J.S.A. 33:1-31, together
with amendments and supplements thereto. The City Council is authorized,
subject to rules and regulations prescribed by the State Department
of Alcoholic Beverage Control, to close any place of business if the
person engaged in the said business does not comply with any requirement
of this article or N.J.S.A. 33:1-31, together with amendments and
supplements thereto.
[Amended 1-9-1976 by Ord. No. 2-76; 7-6-1981 by Ord. No.
26-81; 12-4-1995 by Ord. No. 27-95]
A.
No plenary retail consumption licensee shall sell,
serve or deliver or allow, permit or suffer the sale, service or delivery
of any alcoholic beverage or allow the consumption of any alcoholic
beverage on weekdays between the hours of 2:00 a.m. and 6:00 a.m.
or on Sundays between the hours of 2:00 a.m. and 12:00 noon.
B.
No plenary retail distribution licensee shall sell,
serve, deliver, or allow, permit, or suffer the sale, service, or
delivery of any alcoholic beverage on weekdays prior to 6:00 a.m.,
nor subsequent to 10:00 p.m., or on Sundays prior to 12:00 noon, nor
subsequent to 10:00 p.m., except that the sale of wine and malt liquor
is permitted for off-premises consumption on weekdays between 6:00
a.m. and 2:00 a.m. and on Sundays between 12:00 noon and 2:00 a.m.
[Amended 5-17-2016 by Ord. No. 21-2016]
C.
The foregoing notwithstanding, plenary retail consumption
licensees shall be permitted extended hours or operation on New Year's
Day as follows:
(1)
When New Year's Day falls on a weekday, no plenary
retail consumption licensee shall sell, serve or deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverage
or allow consumption of any alcoholic beverage on licensed premises
between the hours of 5:00 a.m. and 6:00 a.m. on that day.
(2)
When New Year's Day falls on a Sunday, no plenary
retail consumption licensee shall sell, serve or deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverage
or allow the consumption of any alcoholic beverage on licensed premises
between the hours of 5:00 a.m. and 12:00 noon on that day.
D.
On that date when there shall be a change of time
from Eastern standard time to daylight saving time, advancing the
clock, the Eastern standard time shall prevail, and when there shall
be a change from daylight saving time to Eastern standard time, daylight
saving time shall prevail.
A.
Management of licensed business. The holder of a plenary
retail consumption license must actually be in charge of the management
and direction of the business conducted under such license, and all
business carried on under such license must be conducted under the
name of the licensee.
B.
Minimum required floor space. No alcoholic beverage
shall be sold for consumption on the premises in any room to which
the public is not freely admitted nor where the room has a floor space
of less than 600 square feet.[1]
C.
Lighting. All premises in which alcoholic beverages
are sold, distributed or dispensed shall be sufficiently lighted at
all times to allow full view of the entrance.
D.
Public sanitation requirements. All premises upon
which alcoholic beverages are sold under a plenary retail consumption
license shall be furnished, supplied and equipped with separate toilets
for men and women which shall meet with the approval of the Health
Department.[2]
E.
Fingerprinting of employees; identification cards.
[Amended 5-1-1978 by Ord. No. 23-78; 5-30-2017 by Ord. No. 13-2017]
(1)
All persons dispensing and/or serving alcoholic beverages,
whether owner, operator and/or employee, employed by business establishments
holding a license under this article and dispensing alcoholic beverages
for consumption on or off the premises, shall, within 72 hours of
the commencement of their employment, be fingerprinted under the supervision
of the Department of Police of the City of Hackensack at such time
and place as shall be designated from time to time by the Chief of
Police, and said fingerprints shall be filed with said Department.
(2)
Identification cards shall be issued to all such persons
by the Police Department. Said cards shall be valid for a period of
one year from the date of issuance. The fee for obtaining said card
shall be $30.
F.
Sale to certain persons prohibited. No licensee shall
serve or deliver, nor shall any licensee suffer or permit the sale,
service or delivery of, any alcoholic beverage, directly or indirectly,
to any mental defective or habitual drunkard or intoxicated person,
nor permit any such person to congregate in or about the licensed
premises.
G.
Except as provided for below, all restaurants and
other eating establishments holding plenary retail consumption liquor
licenses shall cease serving patrons and close their doors during
the hours provided for by this article. The foregoing shall not apply
to establishments meeting either of the following criteria:
[Added 12-22-1975 by Ord. No. 36-75]
(1)
The establishment, through annual reports filed by
it with the Police Department of the City of Hackensack and sworn
to by an officer, partner or proprietor, as applicable, certifies
that 25% or less of the gross revenue for the preceding calendar year
was generated through the sale of alcoholic beverages.
(2)
The area or areas in which food and nonalcoholic beverages
are served are in a room or rooms separate from any bar, bars or other
areas where alcoholic beverages are dispensed or stored, or such bar,
bars or other areas where alcoholic beverages are dispensed or stored
are secured in such manner as to prohibit access to entrances, exits,
restrooms, kitchen and other facilities for the preparation and service
of food without entering an area or room where alcoholic beverages
are stored in an unsecured manner; and all rooms or facilities for
the storing or dispensing of alcoholic beverages are secured so as
to prohibit access to said alcoholic beverages after 2:00 a.m. and
until the permitted opening hour.
[Adopted 9-4-1956 by Ord. No. 628; amended
10-5-1959 by Ord. No. 717 (Ch. 11, Art. II, of the 1959 Revised Ordinances]
No licensee shall sell, serve or deliver, nor
shall any licensee suffer or permit the sale, service or delivery
of, any alcoholic beverage, directly or indirectly, to any minor,
nor permit any minor to congregate in or about the licensed premises.
It shall be unlawful for any minor to enter
any premises located in the City of Hackensack, County of Bergen,
State of New Jersey, which is licensed for the retail sale of alcoholic
beverages, for the purpose of purchasing or having served or delivered
to him or her any alcoholic beverage.
It shall be unlawful for a minor to consume
any alcoholic beverage on premises so licensed for the retail sale
of alcoholic beverages, or to purchase, attempt to purchase or have
another purchase for him or her any alcoholic beverage.
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 retail licensee or an employee of a retail
licensee to sell, serve or deliver any alcoholic beverage to minors.
A parent or guardian of any minor charged with
a violation of any of the provisions of this article shall be required
to attend the hearing of the complaint. For the purpose of compelling
such attendance, the Judge of the Municipal Court of the City of Hackensack
is authorized and directed to cause a parent or guardian of the minor
to attend the hearing by issuing appropriate subpoenas to compel such
attendance. It shall be sufficient compliance with the provisions
hereof if one of the parents or one of the guardians attends the hearing
pursuant hereto.
The provisions of this article are in addition
to the provisions of New Jersey Revised Statutes 33:1-77 and 33:1-81.
