[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 10-20-1941 by Ord. No. 351 (Ch. 46 of the 1974 Code).
Amendments noted where applicable.]
The Clerk of the Borough of Totowa is authorized
and empowered to issue licenses for the sale and distribution of alcoholic
beverages in the Borough of Totowa when such license shall have been
approved by the Borough Council.
No license shall be issued except after written
application presented by the proposed licensee in such form and after
such notice as required by An Act Concerning Alcoholic Beverages,
Chapter 436 of the Laws of 1933, and its supplements and amendments.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 5-16-1972 by Ord. No. 991]
All licenses which may be issued shall come
under the following classes:
A.
Plenary retail consumption license. This license shall
entitle the holder to sell 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.
(1)
The license fee for this class of license shall be
$1,056 per annum.
[Amended 5-27-1997 by Ord. No. 8-97; 10-28-2003 by Ord. No.
17-2003; 12-14-2004 by Ord. No. 17-2004; 2-14-2006 by Ord. No.
02-2006; 3-13-2007 by Ord. No. 05-2007; 4-22-2008 by Ord. No.
08-2008]
(2)
The number of premises licensed for plenary retail
consumption shall be limited to nine.
B.
Plenary retail distribution license. This license
shall entitle the holder to sell any alcoholic beverages for consumption
off the licensed premises but only in original containers.
(1)
The license fee for this class of license shall be
$660 per annum.
[Amended 5-27-1997 by Ord. No. 8-97; 10-28-2003 by Ord. No.
17-2003; 12-14-2004 by Ord. No. 17-2004; 2-14-2006 by Ord. No.
02-2006; 3-13-2007 by Ord. No. 05-2007; 4-22-2008 by Ord. No.
08-2008]
(2)
The number of premises licensed for plenary retail
distribution shall be limited to two.
C.
Club license. This license shall entitle the holder
to sell, only to bona fide club members and their guests, alcoholic
beverages intended for immediate consumption on the licensed premises.
All licenses heretofore or hereinafter issued
shall be subject to the following rules, regulations, terms and conditions:
A.
The holders of licenses issued by this municipality
shall not be permitted to sell, serve or give away any alcoholic beverages
on weekdays between the hours of 3:00 a.m. and 7:00 a.m. and on Sundays
between the hours of 3:00 a.m. and 9:00 a.m., except as hereinafter
provided. The holders of licenses issued by this municipality shall
not permit the consumption of any alcoholic beverages on licensed
premises on weekdays between the hours of 3:00 a.m. and 7:00 a.m.
and on Sundays between the hours of 3:00 a.m. and 9:00 a.m., except
as hereinafter provided. No alcoholic beverages shall be permitted
to remain on the service bar or tables in any licensed premises between
the hours set forth herein, and the presence of any alcoholic beverages
in said locations or in the possession of a patron shall create a
rebuttable presumption that alcoholic beverages were sold, served,
given away or consumed in violation of this section.
[Amended 3-1-1954 by Ord. No. 536; 7-8-1975 by Ord. No.
75-5; 6-9-1981 by Ord. No. 5-81]
B.
The holders of licenses issued by this municipality
shall be permitted to sell, serve or give away alcoholic beverages
at all times on January 1, New Year's Day, of each year.
C.
During the hours within which alcoholic beverages
are not permitted to be sold, served or given away, the entire interior
of the licensed premises shall be kept open to public view from the
outside thereof. No screen, partition or other obstacle shall be permitted
to interfere with a clear public view during said hours.
E.
No licensee shall have in his or her employ anyone
under the age of 18 years.
[Amended 11-12-1974 by Ord. No. 1027]
F.
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.
G.
The licensee shall not participate in or permit the
violation of any of the gaming or gambling laws or ordinances within
said licensed premises.
H.
No sales of alcoholic beverages for consumption on
the licensed premises shall be made on credit, nor shall sales of
any alcoholic beverages be made to any minor, mental defective or
habitual drunkard, provided that such prohibition against sales on
credit shall not apply to club licenses.
I.
No person shall be served in any back room or side
room which is not open to the use of the public generally; provided,
however, that this prohibition shall not apply to club licenses.
J.
The licensee shall maintain a quiet and orderly house
and shall not permit any immoral or indecent conduct or behavior within
the place so licensed.
K.
The sale of packaged goods other than malt alcoholic
beverages and wines in their original, containers shall be limited
on Sunday between the hours of 9:00 a.m. and 10:00 p.m.
[Added 6-9-1981 by Ord. No. 5-81]
[Added 10-21-1975 by Ord. No. 75-11]
It shall be unlawful for any person to consume
alcoholic beverages within the Borough of Totowa:
A.
While in or on a public street, lane, sidewalk, public
parking lot, public or quasi-public place or in any public conveyance;
B.
In a private motor vehicle while the same is in motion
or parked in or upon any public street, lane or public parking lot;
or
C.
While upon any private property not his own without
the express permission of the owner or other person having authority
to grant such permission.
[Amended 10-21-1975 by Ord. No. 75-11]
A copy of this chapter must be displayed conspicuously
on all licensed premises.
[Added 10-4-1977 by Ord. No. 16-77]
A.
No plenary retail consumption license or plenary retail
distribution license or club license shall be granted or transferred
to other premises within 1,000 feet of existing licensed premises
covered by either a plenary retail consumption license, plenary retail
distribution license or a club license.
B.
In the event that a licensee holding either a plenary
retail consumption license or a plenary retail distribution license
or club license desires to transfer the license to premises within
1,000 feet of a licensed premises, he may do so upon proper application
to and the approval of the license-issuing authority of the Mayor
and Council of the Borough of Totowa. However, in no event shall such
transfer be permitted within 250 feet of another licensed premises.
Only one transfer of a given license or any renewal thereof shall
be permitted under this subsection.
C.
In the event that licensed premises are being taken
over for any municipal, county, state or federal project, the license-issuing
authority of the Borough of Totowa, within its discretion, may permit
the transfer of the license covering such premises within 1,000 feet
of the other licensed premises.
D.
The one-thousand-foot distance referred to in this
section shall be measured and determined on the basis of whether the
proposed licensed premises is within a radius of 1,000 feet from a
prior existing licensed premises as set forth above. Said distance
shall be measured from the center of the nearest public entrance of
the existing licensed premises to the center of the nearest public
entrance of the premises to be licensed as measured in and along a
public road.
