[HISTORY: Adopted by the Borough of Rutherford
Council 2-4-1936 by Ord. No. 1377, effective 2-6-1936. Amendments
noted where applicable.]
[Amended 2-19-1952 by Ord. No. 1596; 10-16-1990 by Ord. No. 2586-90]
Plenary retail distribution licenses may be
issued in the Borough of Rutherford by the Mayor and Council for the
sale of any alcoholic beverages for consumption off the licensed premises,
but only in original containers.
[Amended 2-19-1952 by Ord. No. 1596; 6-26-1967 by Ord. No. 1978; 4-6-1971 by Ord. No. 2061-71; 12-5-1989 by Ord. No. 2562-89; 10-16-1990 by Ord. No. 2586-90; 12-19-1995 by Ord. No. 2746-95; 3-25-2003 by Ord. No. 3021-03; 6-27-2022 by Ord. No. 3616-22]
No alcoholic beverage shall be sold by the licensee
or by anyone on his, her or its behalf except between the hours of
9:00 a.m. and 10:00 p.m. prevailing time on weekdays and Saturdays,
and on Sundays except between the hours of 10:00 a.m. and 8:00 p.m.
When December 24 and December 31 both fall on a Sunday, alcoholic
beverages may be sold on said dates by the licensee or by anyone on
his, her or its behalf between the hours of 9:00 a.m. and 10:00 p.m.
[Amended 2-19-1952 by Ord. No. 1596; 10-16-1990 by Ord. No. 2586-90; 5-14-1991 by Ord. No. 2602-91; 4-1-1997 by Ord. No. 2793-97; 5-25-2004 by Ord. No. 3044-04; 6-19-2007 by Ord. No.
3142-07; 4-28-2009 by Ord. No. 3181-09; 4-27-2010 by Ord. No. 3199-10]
The fee for this license shall be $1,555 per
year.
[Amended 10-16-1990 by Ord. No. 2586-90]
A.
Club licenses. Licenses may be issued in the Borough
of Rutherford, subject to rules and regulations hereinafter set forth,
which rules and regulations may be altered from time to time as the
occasion may arise, for the sale for consumption on the licensed premises
of any alcoholic beverages by the glass or other open receptacle;
provided, however, that no license shall be issued except to a club
or fraternal organization which shall have been in existence in the
Borough of Rutherford for at least three years continuously, immediately
preceding the date of submission of the application, and provided
further that sales under this license shall be restricted to members
of the club or fraternal organization, and sales shall not be made
to the public generally.
[Amended 6-27-2022 by Ord. No. 3616-22]
B.
The fee for this license shall be $102 per year.
[Amended 5-25-2004 by Ord. No. 3044-04; 6-19-2007 by Ord. No. 3142-07; 4-28-2009 by Ord. No.
3181-09; 4-27-2010 by Ord. No. 3199-10]
Limited retail distribution licenses may be
issued in the Borough of Rutherford, subject to rules and regulations
hereinafter set forth, which rules and regulations may be altered
from time to time as the case may arise, for the sale for consumption
off the licensed premises, but only in original containers, of any
unchilled brewed malt alcoholic beverages in quantities of not less
than 72 fluid ounces.
[Amended 6-26-1967 by Ord. No. 1978; 4-6-1971 by Ord. No. 2061-71; 12-5-1989 by Ord. No. 2562-89; 12-19-1995 by Ord. No. 2746-95]
A.
No malt beverages shall be sold by the holder of a
limited retail distribution license or by anyone on his, her or its
behalf except between the hours of 9:00 a.m. and 10:00 p.m. on weekdays
and Saturdays, and on Sunday except between the hours of 12:00 noon
and 6:00 p.m. When December 24 and December 31 both fall on a Sunday,
alcoholic beverages may be sold on said dates by the licensee or by
anyone on his, her or its behalf between the hours of 9:00 a.m. and
10:00 p.m.
B.
The fee for this license shall be $60 per year.
[Amended 4-28-2009 by Ord. No. 3181-09; 4-27-2010 by Ord. No.
3199-10]
[Amended 5-15-2001 by Ord. No. 2968-01]
This chapter was passed in pursuance of the
authority granted by an Act of the Legislature entitled "An Act Concerning
Alcoholic Beverages,"[1] and the supplements and amendments thereto, and, in addition
to the rules and regulations set forth herein, it is the intention
to hereby adopt all regulations and rules set forth in the aforementioned
Act and the applicable provisions of the New Jersey Administrative
Code.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Added 5-6-1975 by Ord. No. 2172-75; amended 6-2-1976 by Ord. No. 2190-76; 10-5-1993 by Ord. No. 2685-93; 5-7-1996 by Ord. No. 2761-96]
A.
No person shall drink or have in his possession any
open container of alcoholic beverage in any public or quasi-public
place or while in or on a public street or thoroughfare or while in
a parked vehicle on any street or public thoroughfare in the Borough
of Rutherford except by resolution of the Mayor and Council and in
accordance with all statutes and regulation pertaining to consumption
of alcohol and as set forth by the New Jersey Division of Alcoholic
Beverage Control ("ABC").
[Amended 4-8-2014 by Ord. No. 3335-14]
B.
Every person who drinks or has in his possession an
open container or any alcoholic beverages in any public or quasi-public
place or on a public street or thoroughfare in the Borough of Rutherford
shall, upon conviction, be subject to a fine of not less than $100
nor more than $250 for the first offense or violation and, in default
of payment thereof, be imprisoned in the county jail for a period
not exceeding 30 days, in the discretion of the court.
[Amended 11-29-2021 by Ord. No. 3586-21]
C.
Every person who drinks or has in his possession an
open container or any alcoholic beverages in any public place or quasi-public
place or on a public street or thoroughfare in the Borough of Rutherford
shall, upon conviction, be subject to a fine of not less than $500
nor more than $1,000 for the second and each subsequent offense or
violation and, in default of payment thereof, be imprisoned in the
county jail for a period not exceeding 30 days, in the discretion
of the court.
[Amended 11-29-2021 by Ord. No. 3586-21]
[Added 12-19-1978 by Ord. No. 2245-78]
A.
It shall be unlawful for any person to sell, distribute,
transfer, give or by any other means supply any beer, wine, alcohol
or alcoholic beverage to any person under the legal age to purchase
alcoholic beverages in any public or quasi-public place or while in
or on a public street or thoroughfare or while in a parked vehicle
on any street or public thoroughfare in the Borough of Rutherford,
except such transfers between a parent and his minor child.
B.
Every person who violates the provisions of Subsection A above shall, upon conviction thereof, be subject to a fine in an amount not exceeding $500 for each offense or violation or be imprisoned in the county jail for a period not exceeding 30 days in the discretion of the court.
[Amended 10-5-1993 by Ord. No. 2685-93]
[Added 10-16-1990 by Ord. No. 2586-90]
A.
The Mayor and Council of the Borough of Rutherford,
being the governing body of said municipality, 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 Director of the Division of Alcoholic Beverage Control.
B.
The Detective Bureau of the Rutherford 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
under the Alcoholic Beverage Control Law[1] or rules and regulations promulgated thereunder.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Added 10-16-1990 by Ord. No. 2586-90; amended 5-15-2001 by Ord. No. 2968-01]
No license shall be issued or transferred except
after written application is presented by the proposed licensee, and
inspection and investigation is conducted by the alcoholic beverage
control investigation and enforcement unit, and after conformity with
the publication of notice requirements and other requirements under
the Act, the N.J.A.C., and this chapter. No license shall be issued
or transferred to any person, firm, corporation, group or partnership
not fully qualified under the provisions of the Act and the rules
and regulations.
[Added 10-16-1990 by Ord. No. 2586-90]
It shall be unlawful to sell, distribute or
deliver alcoholic beverages in the Borough of Rutherford in the County
of Bergen without a license or special permit previously applied for
and granted pursuant to the provisions of this chapter and said Act.
[Added 10-16-1990 by Ord. No. 2586-90]
A.
The holder of such license shall be entitled, subject
to rules and regulations, to sell for consumption on the licensed
premises any alcoholic beverages by the glass or other open receptacle
and also to sell all alcoholic beverages in original containers for
consumption off the licensed premises; provided, however, that no
license shall be issued except to the following:
[Amended 4-1-1997 by Ord. No. 2793-97]
(1)
A restaurant of 125 seats or more, excluding outdoor
seats, located in the B-2, ORD Zone or Hackensack Meadowlands Development
Commission District.
(2)
A hotel of 100 sleeping rooms or more located in the
B-2, ORD Zone or Hackensack Meadowlands Development Commission District.
(3)
A restaurant
as permitted by applicable zoning ordinances of the Borough of Rutherford;
however, there cannot be more than 10 seats at a bar at which patrons
are served alcoholic beverages.
[Added 6-27-2022 by Ord. No. 3616-22]
(4)
In conjunction with a theater and located in the Theater District Redevelopment Plan Area A; however, if the license is used in conjunction with a restaurant use located in the Theater District Redevelopment Plan Area A, the license is subject to the limitations of § 7-13A(3).
[Added 12-27-2022 by Ord. No. 3625-22; amended 6-12-2023 by Ord. No. 3652-23]
B.
The fee for this license shall be $2,500 per year.
[Amended 6-19-2007 by Ord. No. 3142-07; 4-28-2009 by Ord. No. 3181-09; 4-27-2010 by Ord. No.
3199-10]
[1]
Editor's Note: Former § 7-14, Application
for license, added 10-16-1990 by Ord. No. 2586-90, was repealed 5-15-2001
by Ord. No. 2968-01.
[Added 10-16-1990 by Ord. No. 2586-90]
All licenses shall be for the 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 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 of New Jersey or to the Borough
of Rutherford shall be entitled, after deduction of 50% of said fee
as a surrender fee, to the prorated fee for the unexpired term.
[1]
Editor's Note: Former § 7-16, Transfer
of license, added 10-16-1990 by Ord. No. 2586-90, was repealed 5-15-2001
by Ord. No. 2968-01.
[Added 10-16-1990 by Ord. No. 2586-90]
No plenary retail consumption license shall
be issued in the Borough of Rutherford unless and until the combined
total number of such licenses existing in the Borough of Rutherford
is fewer than one for each 3,000 of its population as shown by the
last federal census.
[1]
Editor's Note: Former § 7-18, Identification
cards, added 10-16-1990 by Ord. No. 2586-90, was repealed 8-8-2000
by Ord. No. 2944-00.
[Added 10-16-1990 by Ord. No. 2586-90]
A.
Any license issued under this chapter may be revoked
or suspended for violation of any of the provisions of this chapter
or any of the provisions of said Act or said statutes heretofore mentioned
or any of the regulations and rules prescribed by the State Director
of the Division of Alcoholic Beverage Control.
B.
Proceedings for 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 providing a reasonable opportunity for a hearing, and
such suspension or revocation shall carry the penalties and prohibitions
provided for in said Act.
[Added 10-16-1990 by Ord. No. 2586-90; amended 6-27-2022 by Ord. No. 3616-22; 12-27-2022 by Ord. No. 3625-22; 6-12-2023 by Ord. No. 3652-23]
A.
No alcoholic beverages shall be sold, delivered or
served to or consumed in any plenary retail consumption licensed premises
on any day between the hours of 2:00 a.m. and 6:00 a.m., except New
Year's Day, as hereinafter provided.
C.
For licenses issued pursuant to § 7-13A(3) and (4), no alcoholic beverages shall be sold, delivered or consumed in any licensed premises on any day between the hours of 11:00 p.m. and 10:00 a.m., except on New Year's Eve and New Year's Day when the permitted hours shall be from 10:00 a.m. on New Year's Eve until 5:00 a.m. New Year's Day.
[Added 10-16-1990 by Ord. No. 2586-90; amended 6-27-2022 by Ord. No. 3616-22]
No sale of alcoholic beverage for consumption on the licensed
premises shall be made to any person under the legal age for purchasing
alcoholic beverages.
[1]
Editor's Note: Former § 7-22, Service in back rooms,
was repealed by 6-27-2022 by Ord. No. 3616-22.
[Added 10-16-1990 by Ord. No. 2586-90; 6-27-2022 by Ord. No. 3616-22]
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, 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.
