From the effective date of this chapter, the
number of outstanding licenses to sell alcoholic beverages in the
Borough of Seaside Heights, at retail, shall be limited as follows:
[Amended 5-17-2000 by Ord. No. 2000-10; 12-17-2003 by Ord. No. 03-33; 3-2-2005 by Ord. No. 05-08; 4-16-2014 by Ord. No. 14-06]
A.
No patrons shall be present and no alcoholic beverages shall be sold
or consumed within any establishment holding a plenary retail alcoholic
beverage consumption license, plenary retail distribution license
or a club license between the hours of 3:00 a.m. and 7:00 a.m. on
any day of the year, except as otherwise provided in this section.
B.
On the first day of January of each year, whether same be a weekday
or a Sunday, the holders of licenses for the sale of alcoholic beverages
may sell such beverages throughout the entire day.
Each and every license for the sale of any alcoholic
beverage shall be issued subject to statutory provisions, to the rules
and regulations of the State Commissioner of Alcoholic Beverage Control
and also to any and all rules and regulations to be adopted by the
governing body of this municipality. All licensed premises shall be
operated and managed only by the licensee or those shareholders or
partners of the licensee who are listed and qualified on the liquor
license application. No management agreement which purports to convey
authority to operate the licensed premises or utilize the liquor license
shall be recognized by the Borough of Seaside Heights unless the agreement
is approved by the Mayor and Borough Council. In connection with any
such approval, all proposed managers or persons to whom authority
to operate the liquor license is to be conveyed shall also qualify
to operate the liquor license. Such qualification shall include a
full investigation and background check on all such proposed persons.
[Amended 8-20-2003 by Ord. No. 03-22; 6-15-2005 by Ord. No.
05-15]
The license fees and transfer of license fees
for the licenses in this municipality shall be and are hereby fixed
as follows:
A.
Upon conviction, after hearing, of any violation of
any provision of this article or any statute, rule or regulation aforesaid,
any license issued or erected by this municipality may be suspended
or revoked in accordance with rules and regulations heretofore or
hereafter promulgated by the Commissioner of Alcoholic Beverage Control.
B.
Upon conviction, as stated above, the governing body
of this municipality may also assess against the person, persons,
firm, partnership or corporation so convicted the reasonable costs
which the Borough has expended in preparing and presenting the case,
including, but not limited to, preparing the charges, subpoena fees
for witnesses, stenographer's fees and attorney's fees.
The number of plenary retail consumption licenses outstanding in this Borough at the same time shall not exceed 18; provided, however, that this shall not prevent the renewal or transfer of plenary retail consumption licenses outstanding at the time this article is adopted. No new plenary retail consumption licenses shall be granted until the number of such licenses shall be reduced by surrender, revocation or nonrenewal to less than 18, after which time the number of 18 such licenses shall not be exceeded. Nothing in this section of this article or in § 17-1B shall apply to:
A.
Any license or licenses where the licensee or licensees
thereof surrendered his or her license of the same class or permitted
it to expire because of his or her induction into or service in the
armed forces of the United States; and
B.
Such ex-licensee shall have filed the application
for a new license within one year from the completion of his or her
active service in the armed forces.
Any loudspeaker or amplifier located on the
outside of a building which is used by the licensed premises must
be positioned such that same faces in towards the location of the
building.
[Added 5-21-1997 by Ord. No. 97-6]
Outer doors must remain closed during hours
of operation to ensure that amplified music and crowd noise do not
intrude onto the street so as to disturb the peace of neighbors and
passers-by.
[Added 3-2-2005 by Ord. No. 05-08]
A.
Any person violating and failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of no less than $100 and no more than $1,250,
by imprisonment not to exceed 90 days or by community service of not
more than 90 days or any combination of fine, imprisonment and community
service, as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
If any owner, operator or licensee is found in violation
of the provisions of this article, the alcoholic beverage license
shall be subject to suspension or revocation in accordance with the
applicable provisions of the New Jersey Alcoholic Beverage Control
Act[2] and this article.
[2]
Editor's Note: See N.J.S.A. 33:1 et seq.
C.
The violation of any provision of this article shall
be subject to abatement summarily by restraining order or injunction
issued by a court of competent jurisdiction.
[1]
Editor's Note: Former § 17-9, Statement
of purpose and policy, was repealed 12-17-2003 by Ord. No. 03-33.
