[Adopted 5-26-1975 as Ch. V of the
1975 Code, as amended through Ord. No. 610-97]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Borough of Old Tappan
in accordance with the provisions of an Act of the Legislature of
the State of New Jersey entitled "An Act Concerning Alcoholic Beverages,"
comprising Chapter 436 of the Laws of 1933, its supplements and amendments,
and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with
the rules and regulations of the State Director of Alcoholic Beverage
Control.
For the purpose of this article, words and phrases
herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq.,
and the rules and regulations of the State Director of Alcoholic Beverage
Control.
A.
Laws applicable. All applicants for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 85-1, and all other applicable laws of the State of New Jersey or the United States.
B.
Issuing authority. All licenses required by this article
shall be issued by the Borough Council, which shall also administer
the provisions of this article.
C.
License required. No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the act referred to in § 85-1 and the provisions of this article.
D.
License fees. The annual license fees for the sale
or distribution of alcoholic beverages in the Borough of Old Tappan
shall be as follows:
[Amended 5-8-2000 by Ord. No. 719-00; 7-16-2001 by Ord. No. 758-01; 6-3-2002 by Ord. No.
791-02; 6-16-2003 by Ord. No. 824-03; 5-17-2004 by Ord. No.
850-04; 5-16-2005 by Ord. No. 883-05; 6-19-2006 by Ord. No.
914-06; 3-19-2007 by Ord. No. 932-07; 2-22-2011 by Ord. No.
1027-11]
|
Class of License
|
Annual License Fee
| |
|---|---|---|
|
Plenary retail consumption license
|
$2,400
| |
|
Plenary retail distribution license
|
$1,200
| |
|
Club license
|
$75
|
A.
Hours of sale. No alcoholic beverages shall be sold,
delivered or served to or consumed in any licensed premises on any
day between the hours of 2:00 a.m. and 8:00 a.m., except Sundays and
New Year's Day each year as hereinafter provided.
B.
Sundays. Provisions of Subsection A shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 10:00 a.m. Premises may be open at 9:00 a.m. for any lawful purpose other than the sale, service or delivery, or consumption of alcoholic beverages.
[Amended 11-2-2015 by Ord. No. 1089-15]
C.
New Year's Day.
(1)
Provisions of Subsection A shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 8:00 a.m., unless January 1 is a Sunday in which case no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 12:00 noon.
A.
Any license issued under this article may be suspended
or revoked for violation of any of the provisions of this article
or any provisions of any applicable statute or any of the rules or
regulations of the State Director of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be
in accordance with the provisions of N.J.S.A. 33:1-31 by service of
a five-day notice of charges preferred against the licensee and affording
a reasonable opportunity for hearing.
C.
Suspension or revocation of a license shall be in
addition to any other penalty which may be imposed for a violation
of this article.
