This article is for the purpose of the regulating
of the sale and transportation of alcoholic beverages in the Borough
of North Arlington, in the County of Bergen, in accordance with the
provisions of the act of the Legislature entitled an "Act Concerning
Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements
and amendments, (N.J.S.A. 33:1-1 et seq.) and in accordance with the
rules and regulations issued or to be promulgated by the State Commissioner
of Alcoholic Beverage Control applicable thereto.
All applications for licenses or special permits
under this article and all licenses issued thereunder and proceedings
in connection therewith shall be subject to said act and said rules
and regulations of said State Commissioner of Alcoholic Beverage Control
of New Jersey applicable thereto, and shall be subject to any other
statutes of New Jersey or of the United States now extant or hereafter
enacted on said subject matters.
The Mayor and Council of the Borough of North
Arlington, being the governing body of said municipality, shall constitute
the authority for the administration of issuance of licenses under
this article, and shall forthwith report the issuance of all such
licenses to said State Commissioner of Alcoholic Beverage Control.
The North Arlington Police Department is hereby
designated as the Alcoholic Beverage Control Investigation and Enforcement
Unit and is hereby authorized and empowered to investigate, inspect,
search or examine any licensed premises as may be necessary for the
alcoholic beverage control laws, rules and regulations promulgated
thereunder.
No license shall be issued except after:
It shall be unlawful to sell, distribute or
deliver alcoholic beverages in the Borough of North Arlington, in
the County of Bergen, without a license or special permit previously
applied for and granted pursuant to the provisions of this article
and said Act.
[Amended 5-16-1959 by Ord. No. 1462; 12-3-2002 by Ord. No
1859; 4-14-2005 by Ord. No. 1929]
[Amended 5-16-1989 by Ord. No. 1462; 12-3-2002 by Ord. No. 1859; 4-14-2005 by Ord. No. 1929]
[Amended 12-3-2002 by Ord. No. 1859; 4-14-2005 by Ord. No.
1929]
A.
The fee for a club license shall be $188 for the 2005
- 2006 license year. The license fee shall continue in the amount
of $188 each and every license year thereafter.
B.
Club licenses limited; hotels and motels excepted.
(1)
Club licenses shall be issued only to such corporations,
associations and organizations as are operated 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; provided, however, that no license
shall be granted hereafter unless and until the number of such licenses
issued and outstanding shall be less than 12, except as hereinafter
set forth.
(2)
Nothing contained in Subsection B(1) above shall prevent the issuance in the Borough of North Arlington of a new license to a person who operates a hotel or motel containing at least 100 sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least 100 sleeping rooms; provided, however, that the renewal or transfer of such a license must be renewed for or transferred to a hotel or motel containing at least 100 sleeping rooms.
C.
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.
[Amended 5-16-1989 by Ord. No. 1462]
No liquor license application will be considered
for transfer unless the application is fully completed before April
15 of the licensing year, which licensing year ends June 30 of each
year. The present holder will be responsible for the process of the
renewal from April 16 of the licensing year.
No license shall be issued to any person, firm,
corporation, group or partnership not fully qualified under the provisions
of said Act and rules and regulations.
All licenses 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.
[Amended 6-10-1997 by Ord. No. 1699]
A.
No new license or transfer of an existing plenary
retail distribution license or limited distribution licenses for the
sale of alcoholic beverages shall hereafter be issued for or transferred
to premises within 800 feet of premises for which a plenary retail
distribution license or limited distribution license for the sale
of alcoholic beverages is outstanding. The distance of 800 feet does
not apply to new or transfer of existing plenary retail distribution
licenses to premises that are located in a shopping center containing
more than three stores and measuring, in aggregate, over 30,000 square
feet in size. This limitation shall not prevent the renewal or person-to-person
transfer of a license for premises licensed when this article becomes
effective.
[Amended 11-8-2018 by Ord. No. 2257]
B.
Notwithstanding the above-mentioned provisions, the
Borough Council of the Borough of North Arlington may authorize the
transfer and waive the above-mentioned provisions upon the filing
by the applicant with the application an affidavit setting forth with
particularity the reasons which the applicant believes warrant the
relaxation of the said eight-hundred-foot distance requirement, as
well as evidence of consent from all plenary retail distribution licensees
and limited distribution licensees whose premises are within said
distance of 800 feet above mentioned. Said affidavit form shall be
sworn to by a notary public of the State of New Jersey and shall include
the following:
[Amended 11-8-2018 by Ord. No. 2257]
(1)
Consent to said transfer with the statement of "no
objection" to said transfer signed by the holder of the existing license
and notarized as set forth above. Except that where the applicant's
premises are already located within 800 feet of an existing plenary
retail distribution licensees and the applicant seeks to transfer
within said 800 feet, a statement of "no objection" to transfer shall
not be necessary from the holder of said plenary retail distribution
license.
(2)
Name of the licensee within a distance of 800 feet
and the address of the licensed premises and license number.
(3)
If said licensee within said eight-hundred-foot distance
is a corporation, a resolution is to be filed with the application
from the Board of Directors of said corporation authorizing the execution
of said affidavit of consent.
(4)
If said licensee within the eight-hundred-foot distance
is a partnership, an affidavit is to be signed by the majority-interest
parties, or if equal partnership, by both partners.
(5)
If the licensee within the eight-hundred-foot distance
is an individual and the license is owned solely by said individual,
the affidavit is to be signed by said individual licensee.
C.
The aforesaid 800 feet as set forth above shall 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.
A.
A separate license shall be required for each specific
place of business, and the said license shall apply only to the premises
therein specified.
B.
There shall not be in effect at any one time in the
Borough of North Arlington more than 20 plenary retail consumption
licenses, eight plenary retail distribution licenses and three club
licenses.[1]
[1]
Editor's Note: Ordinance No. 1828, adopted
11-27-2001, provided for the reduction of the number of retail consumption
licenses as follows:
Section 1. The existing alcoholic beverage
retail consumption licenses in the Borough of North Arlington exceed
one for each 2,000 of the Borough's population according to the latest
federal census.
Section 2. It is in the public interest to
reduce the number of existing alcoholic beverage retail consumption
licenses in the Borough.
Section 3. The acquisition and retirement
by the Borough of North Arlington of existing alcoholic beverages
retail consumption licenses in excess of one per each 2,000 of the
Borough's population according to the latest federal census by contract
with licensees is hereby authorized.
Section 4. No contract shall authorize payment
to the licensee for transfer of a license to the Borough for a sum
in excess of that permitted by statute.
Section 5. No contract shall result in the
reduction in the number of alcoholic beverages retail consumption
licenses to fewer than one for each 3,000 of the municipality's population.
Section 6. No licenses acquired pursuant to
the provisions of this ordinance shall be reissued to any applicant.
A.
It shall be the responsibility of the licensee to ensure that every agent, bartender, barmaid or other paid employee of a plenary retail consumption licensee and/or distribution licensee shall make application to the Alcoholic Beverage Control Investigation and Enforcement Unit for an identification card, prior to their employment. Bartenders serving, however, in an establishment defined in § 83-9, Club licenses, are specifically excluded from the provisions of this section.
[Amended 5-16-1989 by Ord. No. 1462]
B.
The applicant shall answer all questions on the application
in writing and permit the taking of fingerprints. The applicant will
pay the fingerprint processing fees required by the State and Federal
Identification Divisions.
C.
At the time of taking of fingerprints, the individual
shall also permit the Police Department to take the photograph of
the individual, which shall be attached to an identification card.
D.
Such card shall expire one year from the date of issue, at which
time new photographs shall be taken and an updated identification
card issued to the agent, bartender, waiter, waitress and/or other
paid employee. Each individual shall be required to pay a fee as per
the New Jersey State Administrative Code for each identification card.
The renewal will also require a new photograph, reapplication for
the identification card and fee as per the New Jersey Sate Administrative
Code.
[Amended 3-11-2010 by Ord. No. 2042]
E.
At the time of filing the application and the fingerprint
and photograph processing, the applicant will be given a receipt for
the ten-dollar fee. This receipt will be his/her certificate to work
pending the issuance of an identification card. It will be the responsibility
of the licensee to keep this receipt on the premises so that it can
be exhibited on demand at any time.
F.
Upon approval of the application, an identification
card will be issued. It will be the responsibility of the licensee
to keep this identification card on the premises so that it can be
exhibited on demand at any time.
G.
It shall be the responsibility of the licensee to
keep a daily record or log naming those persons employed solely for
entertainment purposes, including but not limited to all band members
and their support service persons, dancers and vocalists.
H.
The record or log shall be kept current and attached
to the liquor license so that it can be exhibited on demand at any
time.
Every licensee holding a club license shall be required to have its president and bar manager comply with the provisions of § 83-15. Further, any club licensee shall notify the Alcoholic Beverage Control Investigation and Enforcement Unit as to any change in the individuals serving in the capacity as president and/or bar manager.
No licensee shall engage or employ any agent,
bartender, waiter or other employee in connection with the business
of the licensee until and unless such person shall have conformed
to the requirements of this article.
A.
Any license issued under this article may be fined,
suspended or revoked for violation of any of the provisions of this
article or any of the provisions of said Act or said statutes heretofore
mentioned, or of any of the regulations and rules prescribed by the
State Commissioner of Alcoholic Beverage Control.
B.
Proceedings for fine, suspension or revocation shall
be in accordance with the provisions of said Act, by service of a
five-day notice of charges preferred against the licensee, as provided
in said Act, and by affording a reasonable opportunity for a hearing,
and such suspension or revocation shall carry the penalties and prohibitions
provided for in said Act.
All premises in which said alcoholic beverages
shall be sold or otherwise dispensed, excepting those which hold club
licenses, shall have reasonable access of light from the public highway,
and such premises shall be deemed to have reasonable access of light
when a normal-sized adult can, on inspection from the exterior, view
the interior of said licensed premises.
[Amended 12-5-2000 by Ord. No. 1791; 12-19-2000 by Ord. No.
1798]
B.
The place of business of each said license possessing
a plenary retail consumption license shall be closed and patrons,
customers and guests shall be excluded from said premises during the
following hours:
[Amended 4-8-2010 by Ord. No. 2047]
C.
Retail distribution licenses.
(1)
Alcoholic beverages except wine and malt alcoholic
beverages shall not be sold, served, consumed, delivered, offered
for sale or given away upon any premises possessing a retail distribution
license during the following hours:
(2)
Subject to the other ordinances of this municipality,
wine and malt alcoholic beverages shall not be sold, served, consumed,
delivered, offered for sale or given away upon an premises possessing
a retail distribution license during the following hours:
D.
No licensee or the licensee's servant, agent or employee
shall allow, permit or suffer in or upon the licensed premises any
disturbance, brawl or unnecessary noise or suffer or permit the said
licensed premises to be conducted in such a manner as to become disorderly.
E.
No licensee or the licensee's servant, agent or employee
shall suffer or permit any form of gambling whatsoever on the licensed
premises, nor shall any licensee or the servant, agent or employee
suffer or permit the storing or catching of any gambling device, lottery
or number slip or slips in and about the licensed premises. No licensee
or licensee servant, agent or employee shall have possession, ownership
or custody of any gambling device, lottery or number slip or slips.
F.
The hours referred to above shall be the time officially
in effect in the Borough of North Arlington.
[Added 12-19-2000 by Ord. No. 1798;
amended 10-2-2001 by Ord. No. 1821]
A.
It shall be unlawful for any person under the age
of 21 years (minor), without legal authority, to knowingly possess
or knowingly consume an alcoholic beverage on private property.
(1)
In the event of a violation, the court shall impose
a fine, as punishment, in the sum of $250 for the first offense and
a fine of $350 for each subsequent offense.
(2)
In addition to the fine, the court may suspend or
postpone for a period of six months the driving privileges of the
defendant. Upon conviction of this offense and suspension or postponement
of the defendant's driving privileges, the court shall forward a report
to the Division of Motor Vehicles setting forth the first and last
day of the suspension or postponement period imposed by the court
pursuant to this section.
(3)
If the defendant, at the time of the imposition of
the sentence, has a valid driver's license issued by the State of
New Jersey, the court shall immediately collect the driver's license
and forward it to the Division of Motor Vehicles along with the report.
(4)
If for any reason the driver's license cannot be canceled,
the court shall include in the report the complete name, address,
date of birth, eye color, and the sex of the person, in addition to
the first and last date of the license suspension period imposed by
the court.
(5)
The Court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, the person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
B.
This section shall not prohibit an underaged person
from consuming or possessing an alcoholic beverage in connection with
a religious observance, ceremony, or rite or consuming or possessing
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has reached the legal age to purchase
and consume alcoholic beverages in the State of New Jersey.
C.
GUARDIAN
As used in this section, the following terms shall
have the meanings indicated:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary of court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
[Amended 12-19-2000 by Ord. No. 1798]
No sales of alcoholic beverage for consumption
on the licensed premises shall be made to any person under the legal
age to purchase and consume alcoholic beverages, intoxicated person
or any person appearing to be intoxicated at the time of sale.
No person shall be served in any back room or
side room which is not open to the use of the public generally, except
that in hotels guests may be served in their rooms or in private or
public dining rooms, and provided also that this prohibition shall
not apply to club licenses.
No license shall be issued for the sale of alcoholic
beverages within 200 feet of any church or public school or private
schoolhouse not conducted for pecuniary profit, except to manufacturers,
wholesalers, hotels, clubs and fraternal organizations which own or
are actually in possession of the licensed premises at the time of
the effectiveness of the aforesaid Act, the said 200 feet to be measured
in the normal way that a pedestrian would properly walk from the nearest
entrance of said church or school to the nearest entrance of the premises
sought to be licensed; provided, however, that this prohibition may
be waived at the issuance or renewal of such license by the duly authorized
governing body or authority of such school or church, and such waiver
shall be effective until the date of the next renewal of said license
by the duly authorized governing body, and provided also that this
prohibition shall not apply to the renewal of said license where no
such school or church was located within said prohibited distance
of said licensed premises at the time of the issuance of said license,
or as otherwise excepted by the provisions of said Act.
[Amended 12-19-2000 by Ord. No. 1798]
No person, except an officer or other person
authorized by and acting pursuant to instruction from such officer,
so doing in the course of and for the purpose of enforcing said Act,
shall knowingly purchase, receive or procure any illicit beverage.
