All applications for licenses under this chapter and all licenses issued hereunder and proceedings in connection therewith shall be subject to the provisions of N.J.S.A. 33:1-1 to 33:1-96 and the rules and regulations of the State Commissioner of Alcoholic Beverage Control applicable thereto, and shall be subject to any other statutes of the state or of the United States now existing or hereafter enacted affecting such subject matters.
The Municipal Council, being the governing body of the Town, shall constitute the authority for the administration of issuance of licenses under this chapter and shall forthwith report the issuance of all such licenses to the State Commissioner of Alcoholic Beverage Control.
It shall be unlawful to sell or distribute alcoholic beverages in the Town without a license previously applied for and granted, pursuant to the provisions of N.J.S.A. 33:1-1 to 33:1-96.
[Amended 4-27-1971 by Ord. No. MC 2284; 3-28-1972 by Ord. No. MC 2315; 1-13-1981 by Ord. No. MC 2622; 12-12-1995 by Ord. No. MC 3027; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 6-28-2001 by Ord. No. MC 3173; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306]
A. 
The fee for plenary retail consumption license shall be $2,500 and the holder of such license shall be entitled, subject to rules and regulations, to sell alcoholic beverages for consumption on the licensed premises and 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 accessory beverages to alcoholic beverages.
[Amended 12-29-2009 by Ord. No. MC 3413; 3-13-2018 by Ord. No. MC 3635; 9-13-2021 by Ord. No. MC 3777]
B. 
No plenary retail consumption license, except renewals for the same licensed premises as heretofore have been licensed, and transfers from person to person, shall be granted or transferred to other premises within a distance of 750 feet from existing licensed premises covered by a plenary retail consumption license. In the event a licensee desires to transfer to other premises, he may be permitted to do so, at the discretion of the local issuing authority, within 750 feet of the premises where he is located at the time of such transfer. He shall comply with the provisions aforementioned when transferring to premises more than 750 feet from the premises from which transfer is sought.
C. 
Where the seven-hundred-fifty-foot distance is referred to in this section, the same shall be measured in the same manner as required by the statute for the measuring of 200 feet relative to schools and churches.
D. 
The term "renewal" when used in this chapter shall be construed in the manner as set forth in N.J.S.A. 33:1-96 of the Revised Statutes of New Jersey.
[Amended 4-27-1971 by Ord. No. MC 2284; 3-28-1972 by Ord. No. MC 2315; 1-13-1981 by Ord. No. MC 2622; 12-12-1995 by Ord. No. MC 3027; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 6-28-2001 by Ord. No. MC 3173; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 3-13-2018 by Ord. No. MC 3635]
The fee for a seasonal retail consumption license shall be $1,424 and such license shall entitle the holder, subject to rules and regulations, to sell during the summer season, from May 1 until November 1, 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 all alcoholic beverages in original containers for consumption off the licensed premises. This license shall not permit any sale that would not be permissible under a plenary retail consumption license.
[Amended 4-27-1971 by Ord. No. MC 2284; 3-28-1972 by Ord. No. MC 2315; 1-13-1981 by Ord. No. MC 2622; 12-12-1995 by Ord. No. MC 3027; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 6-28-2001 by Ord. No. MC 3173; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306]
A. 
The fee for a plenary retail distribution license shall be $1,330[1] and the holder of such license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for retail consumption off the licensed premises, but only in original containers.
[Amended 12-29-2009 by Ord. No. MC 3413; 3-13-2018 by Ord. No. MC 3635]
[1]
Editor's Note: Ord. No. MC 3777, adopted 9-13-2021, provided that “Said license fee shall increase by 20% per annum until the license fee is $2,500 per annum as follows: Effective 1-1-22: $1,596; effective 1-1-23: $1,905; effective 1-1-24: $2,286; effective 1-1-25: $2,500 (maximum).”
B. 
No plenary retail distribution license, except renewals for the same premises as heretofore have been licensed, and transfers from person to person, shall be granted or transferred to other premises within a distance of 750 feet from an existing licensed premise covered by a plenary retail distribution license. In the event a licensee desires to transfer to other premises, he may be permitted to do so, at the discretion of the local issuing authority, within 750 feet of the premises wherein he is located at the time of such transfer. He shall comply with the provisions aforementioned when transferring to premises more than 750 feet from the premises from which the transfer is sought.
C. 
Where the seven-hundred-fifty-foot distance is referred to in this section, the same shall be measured in the same manner as required by statute for the measuring of 200 feet relative to schools and churches.
D. 
The term "renewal" when used in this chapter shall be construed in the manner as set forth in N.J.S.A. 33:1-96 of the Revised Statutes of New Jersey.
[Amended 4-27-1971 by Ord. No. MC 2284; 3-28-1972 by Ord. No. MC 2315; 1-13-1981 by Ord. No. MC 2622; 12-12-1995 by Ord. No. MC 3027; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 6-28-2001 by Ord. No. MC 3173; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 3-13-2018 by Ord. No. MC 3635]
The fee for a club license shall be $188 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. Club licenses shall be issued only to such corporations, associations and organizations as are operated solely 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 Commissioner of Alcoholic Beverage Control. 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.
[Added 9-13-2021 by Ord. No. MC 3777]
For each license certificate printed (plenary consumption, plenary retail distribution and club), there will be a $3 fee.
[Amended 3-26-1968 by Ord. No. MC 2188]
A. 
No new alcoholic beverage license of any class authorized to be issued by the Town, except club licenses, shall be issued, the result of which will be to increase the number of licenses issued and outstanding over the number existing up to the date of the issuance of such new license until the number issued and outstanding is less than 60.
B. 
Upon the sale or transfer of a business and application made therefor in the same manner as for any other new license, qualification of the applying licensees and surrender of the license under which the seller transacted business, a license may be issued to the purchaser or transferee of such licensed beverage business.
C. 
No new licenses authorized to be issued by the Town shall be issued except to those now holding licenses and those acquiring licenses as provided in this chapter unless after the adoption of this chapter[1] the number of licenses issued and outstanding shall have been reduced by revocation or surrender to less than 60, in which case licenses may be issued until the total number of licenses issued and outstanding shall number 60.
[1]
Editor's Note: The ordinance from which this chapter was derived was adopted August 14, 1934.
D. 
Nothing herein contained shall prevent the issuance of a new plenary retail consumption license to a person who operates a hotel or motel containing at least 100 sleeping rooms; provided, however, that there shall be no renewal or transfer of a newly issued license except for or to a hotel or motel containing at least 100 sleeping rooms.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 7-12-1983 by Ord. No. MC 2705]
All applications for licenses under this chapter shall set forth in full answers to questions prescribed by N.J.S.A. 33:1-1 to 33:1-96 of the Revised Statutes and by the rules and regulations of the State Commissioner of Alcoholic Beverage Control, and shall include declarations called for by such provisions. All new applications for such licenses shall have attached thereto the fingerprints of the applicant or applicants.
No premises shall be licensed for the sale of alcoholic beverages at retail, to be consumed on the premises, which shall contain less than 400 square feet of floor space.
No license under this chapter shall be issued to any person not fully qualified under the provisions of N.J.S.A. 33:1-1 to 33:1-96 of the Revised Statutes and the rules and regulations of the State Commissioner of Alcoholic Beverage Control.
[Amended 11-13-1996 by Ord. No. MC 3047]
A. 
No license shall be issued for the sale of alcoholic beverages within 200 feet of any church, public schoolhouse, private schoolhouse, day-care center or any place of religious worship, except to manufacturers, wholesalers, hotels or clubs which owned or actually possessed the licensed premises prior to the enactment of this chapter. The nearest entrance of a licensed premises shall be measured from the actual doorway which leads into the facility mentioned herein.
B. 
This prohibition may only be waived at the issuance of the license and at each renewal thereafter, by the duly authorized issuing authority with the consent of such school or church.
C. 
The prohibition referred to herein shall not apply to the renewal of any licenses where no such church, school, day-care center or other house of worship was in a location within 200 feet at the time of the issuance of the license to be renewed.
Notwithstanding the provisions of § 158-24 and N.J.S.A. 33:1-76, if a club license has been or shall be granted on a waiver of its protection granted on authority of a church or school, the holder of such license shall be entitled to apply for renewal thereof without further or renewed authority or waiver of the church or school; but the renewal or reissuance of the club license after a revocation or subsequent transfer of the club license shall not be permitted without a new waiver granted on authority of the church or school.
All licenses under this chapter shall be for a 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 chapter or of any rule or regulation and who shall have paid all taxes, setoffs or counterclaims that may have become due to the state or to the Town shall be entitled, after deduction of 50% of such fee as a surrender fee, to the prorated fee for the unexpired term.
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter, or any of the provisions of N.J.S.A. 33:1-1 to 33:1-96 or such other statutes mentioned in this chapter, or any of the regulations and rules prescribed by the State Commissioner of Alcoholic Beverage Control.
Proceedings for suspension or revocation of any license issued pursuant to the provisions of this chapter shall be in accordance with the provisions of N.J.S.A. 33:1-1 to 33:1-96, by service of a five-day notice of charges preferred against the licensee, as provided in such provisions, and affording of a reasonable opportunity for a hearing, and such suspension or revocation shall carry the penalties and prohibitions provided for in N.J.S.A. 33:1-1 to 33:1-96.