[Adopted 4-17-1978 by Ord. No. 6-1978
(Ch. 21, Art. I of the 1975 Code)]
This article is enacted under the authority granted by N.J.S.A. 33:1-1
et seq., as supplemented and amended, for the purpose of rendering effective
in the Borough of Pemberton provisions of said Act, the rules and regulations
of the Director of the Division of Alcoholic Beverage Control and other laws
of the State of New Jersey in the United States of America concerning alcoholic
beverages.
Words and phrases herein shall have the same meanings as they have in
N.J.S.A. 33:1-1 et seq. and the rules and regulations of the Director of the
Division of Alcoholic Beverages Control.
The Borough Council of the Borough of Pemberton shall issue all licenses
and otherwise administer the provisions of this article.
The classes of licenses, the maximum number of licenses in each class
and the annual license fee in each class shall be:
|
Class of License
|
Number of Licenses
|
Annual License Fee
|
|---|---|---|
|
Plenary Retail Consumption License, Class C
|
1
|
$2,000
|
A.
If an application is for a building not yet constructed,
plans, in quadruplicate, of the proposed building shall accompany the application.
The plans shall show the appearance (a rendering), design (an elevation plan)
and location (a site plan) of the proposed building, the type or types of
exterior building material and the overall and room dimensions (a floor plan).
The Council reserves the right to request that the applicant provide plans
bearing an architect's seal and professional engineering studies of the
building and grounds as proposed. A license contingent on completion of construction
shall be void:
(1)
Sixty days after issuance, if the licensee fails to submit
a plan to the Planning Board for its review and action.
(2)
Thirty days after site plan approval, if the licensee
fails to apply to the Building Inspector for a building permit.
(3)
One year after the issuance of the building permit if
the licensee fails to complete construction in accordance with the plan approved
by the Borough Council.
B.
If the application is for a building already constructed,
the building floor plan, in quadruplicate, shall accompany the application.
The floor plan shall indicate the exterior building materials.
C.
If the application is for a building already constructed
but to be renovated or enlarged, a floor plan of the building as it exists
and plans of the proposed building as renovated or enlarged, in quadruplicate,
shall accompany the application. The plans shall indicate the exterior building
materials. A license contingent upon completion of renovation or enlargement
shall be void one year after issuance if the licensee fails to meet the requirements,
if any, necessary under Borough ordinances and state laws for the implementation
of the renovation or enlargement.
D.
No licensed premises shall be altered or enlarged unless
and until the Borough Council grants the application for such alteration or
enlargement and endorses said permission on the license.
The licensed premises for the sale of alcoholic beverages at retail
by the glass or other open receptacle for consumption therein must be an establishment
regularly and principally used for the purpose of providing meals to the public,
having an adequate kitchen and dining room equipped for the preparing, cooking
and serving of foods of reasonable variety for the customers, and in which
no other business, except such as is incidental to such establishment, is
conducted. The licensed premises must have refrigeration facilities adequate
to preserve all food and supplies.
All licenses shall be for a term of one year from July 1 in each year.
The Borough Council may, in its sole discretion, issue a license on a date
other than July 1, but any license so issued shall be for a term ending the
following July 1. In such a case the license fee may, at the sole option of
the Borough Council, be prorated over the months for which the license shall
be in effect, provided that in no case shall the fee as prorated be less than
$1,000.
A.
Alcoholic beverages for on-premises consumption may be
sold and served only as follows:
[Amended 1-21-1980 by Ord. No. 1-1980; 7-21-1980
by Ord. No. 4-1980]
|
Day
|
From
|
To
| |
|---|---|---|---|
|
Monday, Tuesday, Wednesday, Thursday, Friday and Saturday
|
10:00 a.m.
|
2:00 a.m. the following day
| |
|
Sunday
|
10:00 a.m.
|
12:00 midnight
|
B.
Alcoholic beverages for sale in the original containers
for off-premises consumption may be sold only as follows:
[Amended 1-21-80 by Ord. No. 1-1980]
|
Day
|
From
|
To
| |
|---|---|---|---|
|
Monday, Tuesday, Wednesday, Thursday, Friday and Saturday
|
12:00 noon
|
6:00 p.m.
|
No licensee shall serve or deliver or allow, permit or suffer the sale,
service or delivery of any alcoholic beverage, directly or indirectly, to
any person under the legal age for purchasing alcoholic beverages or to any
habitual drunkard or intoxicated person or allow, permit or suffer the consumption
of alcoholic beverages by any such person upon the licensed premises.
A.
No licensee shall allow, permit or suffer in or upon
the licensed premises any disturbances, brawls or unnecessary noises, boisterous,
loud or obscene language, or allow, permit or suffer the licensed place of
business to be conducted in such manner as to become a nuisance.
B.
No licensee shall allow, suffer or permit any lottery
to be conducted or any ticket or participation in any lottery to be sold or
offered for sale on or about the licensed premises.
C.
No licensee shall engage in or allow, permit or suffer
any pool selling, bookmaking or any playing of money at faro, roulette, rouge
et noir or any unlawful game of gambling of any kind or any device or apparatus
designed for any such purpose on or about the licensed premises.
D.
No licensee shall possess, allow, permit or suffer on
or about the licensed premises any pool table or any game in the nature of
billiards or any pinball machines, darts, slot machines or device in the nature
of a slot machine which may be used for the purpose of playing for money or
other valuable thing.
E.
No licensee shall engage in or allow, permit or suffer
on the premises any entertainment, amplified by a mechanical device in such
a manner as to be plainly audible at a distance of 25 feet from the building,
which shall be prima facie evidence of a violation of this section.
F.
No licensee shall allow, permit or suffer any person
to enter onto the licensed premises with his or her body uncovered from the
waist up or so thinly covered or draped as to permit one to see through same.
No licensee shall allow, permit or suffer any person to enter onto the licensed
premises with the genital or buttocks area exposed or so thinly covered or
draped as to permit one to see through such covering or drape. No licensee
shall allow, permit or suffer any person to enter onto the licensed premises
who does not have coverings suitable for street use upon his feet.
The Police Department of the Borough of Pemberton or any other authorized
police officer shall enforce this article. This section shall not be construed
as affecting the enforcement of the powers of the Director of the Division
of Alcoholic Beverage Control.
No license shall be held by any regular police officer, any peace officer
or other person whose powers or duties include the enforcement of the Alcoholic
Beverages Law regulations or by any profit corporation or association in which
any such officer or person is interested, directly or indirectly, nor shall
any licensee employ or have connection with, in any business capacity whatsoever,
any such officer or person.
Every person licensed to sell alcoholic beverages at retail for consumption
on the premises shall arrange the doors, windows or partitions of the premises
licensed for the sale of alcoholic beverages so that an unobstructed view
of the interior thereof may be had from the street through a door or window
or both. All such premises shall be lighted sufficiently so that a full view
of the interior thereof may be had at all hours from the public thoroughfare.
A.
Any premises licensed hereunder shall be of a sufficient
size and area that there are eight square feet of floor space per person.
B.
The floor space shall be that portion of the premises
intended for use as a bona fide restaurant for the convenience and use of
patrons and shall not include areas utilized for nonpatron activities such
as the bar area, kitchen area, storage area, rest rooms and the like.
C.
The Fire Inspectors shall cause each of the licensed
premises to be inspected for the purpose of determining occupancy, consistent
with the provisions hereof, and shall notify each license holder forthwith
of the permitted occupancy.
D.
Any licensee who allows, suffers or permits the licensed
premises as defined by this article to be occupied by in excess of one person
for each eight square feet of the floor area shall be guilty of violation
of this article.
E.
The service bar shall be partitioned from the dining
area by a wall similar to the other interior walls in the building. There
may be a doorway, which shall remain closed when not in use, between the service
bar and the dining area.[1]
[1]
Editor's Note: Former subsection F, Purchases of original containers
for off-premises consumption, which immediately followed, was repealed 1-21-1980
by Ord. No. 1-1980.
It shall be unlawful to sell or distribute alcoholic beverages without
a license.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted in a conspicuous
place at the licensed premises.
No person licensed under the provisions of this article shall violate
any of the terms, provisions or regulations established by the Borough of
Pemberton by ordinance or resolution or any of the laws of the State of New
Jersey in respect to alcoholic beverages. Any such violation shall be deemed
sufficient ground for the suspension or revocation of the license.
Any license issued under this article may be suspended or revoked for
a violation of any of the provisions of this article or any provisions of
the statutes of the State of New Jersey or any other regulations and rules
prescribed by the State Director of Alcoholic Beverage Control. Proceedings
for the suspension or revocation shall be in accordance with the state law
and the regulations promulgated by the State Director of Alcoholic Beverage
Control. These provisions shall be in addition to the general penal provisions
of this article.
Any person who shall violate any of the terms or provisions of this
article or who shall permit or do any other act or thing in this article prohibited
shall, upon conviction thereof before the Municipal Court, be subject to a
fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination thereof.
