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 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]
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 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.
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.
[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.