City of Woodbury, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Woodbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 57.
Drug-Free and Drunk-Driving-Free School Zones — See Ch. 80.
Parental responsibility — See Ch. 133.
Parks and recreation areas — See Ch. 136.
[Adopted 10-19-1976 by Ord. No. 1294-76 as Ch. 56, Art. I, of the 1976 Code]
[Amended 11-28-2005 by Ord. No. 2015-05]
The purpose of this article is to fix license fees and regulate the sale of alcoholic beverages in the City in accordance with the provisions of N.J.S.A. 33:1-1 et seq., in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable hereto and in accordance with the rules and regulations existing herein or hereafter adopted by competent municipal authority not inconsistent with the Act or the rules and regulations of the State Commissioner.
A. 
No person shall possess, sell, distribute or transport any alcoholic beverages within the City in violation of any of the provisions of this article or the laws of this state; or import, own, possess, keep or store in the City alcoholic beverages with intent to possess, sell, distribute or transport such beverages in violation of any of the provisions of this article or the laws of this state; or own, possess, keep or store in the City any implement or paraphernalia for the selling, distributing or transporting of alcoholic beverages with intent to use the same in the sale, distribution or transporting of alcoholic beverages in violation of any of the provisions of this article or the laws of this state; or aid or abet another in the sale, distribution or transporting of alcoholic beverages in violation of any of the provisions of this article or the laws of this state.
B. 
No person shall possess, sell, distribute or transport within the City any illicit beverage as defined in An Act Concerning Alcoholic Beverages, as amended and supplemented,[1] which possession, sale, distribution or transportation shall be in violation of this article.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
The City Council shall constitute the authority for the administration of the issuance of licenses under this article. No licenses shall be granted unless a majority of the whole Council shall vote to issue the same.
[Amended 11-28-2005 by Ord. No. 2015-05]
All licenses issued under this article shall be issued for the term of one year from the first day of July in each year and shall be subject to and controlled by the provisions of this article and the provisions of N.J.S.A. 33: 1-1 et seq. and its amendments and supplements and to such rules and regulations as the State Commissioner of Alcoholic Beverage Control has now established or may hereafter promulgate as well as such other reasonable regulations as the City Council may hereafter establish.
All licenses issued pursuant to this article shall be subdivided and classified as follows and shall be issued only subject to the payment as required by law of the following license fees:
A. 
Plenary retail consumption license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell for consumption in 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. The annual fee for this license shall be $2,000.
[Amended 12-23-1980 by Ord. No. 1373-80; amended 11-28-2005 by Ord. No. 2015-05[1]]
[1]
Editor's Note: This ordinance also repealed original Subsection B, regarding limited plenary retail consumption licenses, which immediately followed this subsection.
B. 
Seasonal retail consumption license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell for consumption in 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 during the term for which such license is issued. The fee for this license shall be 75% of the plenary retail consumption fee.
C. 
Plenary retail distribution license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell any alcoholic beverages for consumption off the licensed premises, but only in the original container. The annual fee for this license shall be $2,000
[Amended 12-23-1980 by Ord. No. 1373-80; 11-28-2005 by Ord. No. 2015-05]
D. 
Club license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell only to bona fide club members and their guests alcoholic beverages intended for immediate consumption on the licensed premises. The annual fee for this license shall be $150.
[Amended 12-23-1980 by Ord. No. 1373-80]
E. 
Limited retail distribution license. No limited retail distribution license shall be granted within the City.
In authorizing the issuance of the classes of licenses referred to in § 55-5, the Council shall limit the same in number according to class as follows:
A. 
Plenary retail consumption license: five.
[Amended 7-7-1981 by Ord. No. 1389-81]
B. 
Seasonal retail consumption license: one, provided that the limitation on plenary retail consumption license has not been reached, and if such limitation has been reached, then no seasonal retail consumption license shall be granted.
C. 
Plenary retail distribution license: two.
D. 
Club license: three.[1]
[Amended 6-7-1994 by Ord. No. 1741-94]
[1]
Editor's Note: Original § 56-7, Additional plenary retail consumption licenses, of the 1976 Code, as amended, which immediately followed this section, was repealed 7-7-1981 by Ord. No. 1389-81.
[Amended 10-19-1976 by Ord. No. 1294-76; 11-28-2005 by Ord. No. 2015-05]
Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of this article or for violation of any of the provisions of N.J.S.A. 33: 1-1 et seq. and amendments and supplements thereto or of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
[Amended 12-23-1980 by Ord. No. 1374-80; 2-17-1981 by Ord. No. 1379-81; 7-7-1981 by Ord. No. 1389-81]
A. 
Weekday permitted hours of sale. Alcoholic beverages may be sold, served or delivered on a licensed premises on weekdays between the hours of 7:00 a.m. and 2:00 a.m. the next succeeding day.
B. 
Sunday permitted hours of sale.
[Amended 8-4-1981 by Ord. No. 1392-81; 10-27-1981 by Ord. No. 1399-81]
(1) 
For holders of a plenary retail consumption license, alcoholic beverages may be sold, served or delivered on a licensed premises between the hours of 11:00 a.m. and 12:00 midnight, except that when New Year's Day falls on a Monday, such sales may continue to 2:00 a.m. the next succeeding day.
[Amended 5-24-2010 by Ord. No. 2119-10]
(2) 
For holders of a plenary retail distribution license, alcoholic beverages may be sold on a licensed premises between the hours of 11:00 a.m. and 10:00 p.m.
(3) 
For holders of a club license, alcoholic beverages may be sold or served to bona fide club members and their guests between the hours of 11:00 a.m. and 12:00 midnight, except upon such times as the New Year's holiday occurs on a Monday, at which time sales may continue to 2:00 a.m. the next succeeding day.
[Added 6-30-1987 by Ord. No. 1529-87; amended 3-31-1992 by Ord. No. 1670-92]
[Amended 10-19-1976 by Ord. No. 1294-76; 11-28-2005 by Ord. No. 2015-05]
No alcoholic beverages shall be sold, served or delivered to any person under the age of 21 years of age.
No alcoholic beverages shall be sold or delivered to any person wearing a uniform of the Fire or Police Department of the City.[1]
[1]
Editor's Note: Original § 56-12, Sale on election days, of the 1976 Code, which immediately followed this section, was repealed 10-27-1981 by Ord. No. 1399-81.
[Added 2-10-2015 by Ord. No. 2223-15]
A. 
Social affairs permits may be issued upon application to the Director of the Division of Alcoholic Beverage Control by organizations operating solely for civic, religious, educational, charitable, fraternal, social or recreational purposes and not for private gain subject to the restrictions set forth in N.J.S.A. 33:1-74 and N.J.A.C. 13:2-5.1 and as set forth herein with the written approval of the City of Woodbury.
B. 
Any organization making application to the Director of the Division of Alcohol Beverage Control for a social affairs permit must file with the City Clerk the entire ABC social affairs permit application at least 30 days prior to the scheduled event.
C. 
Alcohol may not be sold or consumed under a social affairs permit on City-owned streets, rights-of-way or sidewalks.
D. 
In the event an applicant for a social affairs permit proposes the sale or consumption of alcoholic beverages on City-owned property including but not limited to City-owned parks, open spaces, recreational facilities, easements, buildings, yards, parking areas, and all other City-owned facilities or property the provision set forth in Subsection D(1) through (8) below shall apply.
(1) 
Such applicant shall file with the Clerk of the City of Woodbury a special events application, which may be obtained from the City Clerk together with a fee of $50 to cover the cost of the Chief of Police and Administrator's review of the special events application. The fee of $50 for review of the special events application is only applicable if the applicant proposes the sale or consumption of alcoholic beverages on City-owned property. Such fee is in addition to any fees charged by the Director of the Division of Alcoholic Beverage Control and is nonrefundable and shall not guarantee the City will consent to any social affairs permit application.
(2) 
All necessary applications shall be completed in full and filed with the City Clerk at least 30 days prior to the scheduled event.
(3) 
Applicants proposing events involving the sale or consumption of alcoholic beverages on City-owned property shall be limited to no more than five events each calendar year, which events shall in general be supportive of the economic goals as stated in the 2009 City Redevelopment Plan.
(4) 
The City reserves the right, at its sole discretion, to deny or rescind permission to conduct events on City property that do not appear to be compliant with the intent of this section, to at any time add or amend conditions to the use of City-owned property deemed reasonably necessary, and to immediately close down events on City-owned property deemed to be willfully noncompliant. Previous noncompliance may be considered adequate reason to deny future events on public property.
(5) 
In addition to a general liability insurance certificate that names the City of Woodbury as an "additional insured" and an executed hold-harmless agreement with the City, the organization must purchase liquor liability insurance (minimum liability limit $1,000,000) to cover the event.
(6) 
The organization must provide the names of all servers who shall be TIPS/TAMS certified and enforce the Dram Shop Act, assuring that no liquor will be sold to minors or to visibly intoxicated persons. The list shall contain the names and telephone numbers of all servers and shall be filed with the City Clerk no less than 10 days prior to the event.
(7) 
The organization must take steps to insure that all persons of drinking age are readily identifiable such as through the use of wristbands or hand stamps.
(8) 
Alcohol may be served only in a secured area and a certified or licensed security company must be contracted to manage any and all ingress and egress points to assure no alcoholic beverages are permitted to leave the secured area.
E. 
(Reserved)
F. 
Social affairs permit applications will be reviewed by the City of Woodbury Chief of Police and City Administrator who shall make recommendation to the City Council as to whether City Council should approve, disapprove, or approve with conditions the social affairs permit application subject to final approval by the Director of the Division of Alcoholic Beverage Control.
G. 
The sale of alcohol pursuant to any approved social affairs permit may not commence before 9:00 a.m. and must cease by 11:00 p.m.
H. 
Should any section, paragraph, sentence, clause or phrase of this section be declared unconstitutional or invalid for any reason, the remaining portions of this section shall not be affected thereby and shall remain in full force and effect, and to that end the provisions of this section are hereby declared to be severable.
I. 
This section shall be in full force and effective from and after its adoption and any publication as may be required by law.
No alcoholic beverages shall be sold, served or delivered nor shall any licensee suffer or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any mental defective, habitual drunkard or intoxicated person or to persons known to have been twice convicted of being drunken and disorderly, nor permit the same to congregate in or about the licensed premises.
No licensee shall solicit from house to house personally or by telephone the purchase of alcoholic beverages.
No licensee shall permit fights, brawls or disturbances constituting a public nuisance upon the licensed premises.
No licensee shall harbor any criminal, gangster, swindler or other person of ill repute upon the licensed premises.
No licensee shall conduct or permit to be conducted lotteries, or sell any ticket or participation right in any lottery, or engage in or permit bookmaking, gambling or gambling devices on or about the licensed premises.
The acceptance of any license issued pursuant to this article on the part of the licensee shall automatically permit any person designated by the Mayor or Council to enter upon and inspect the premises for which licenses are granted pursuant to this article at any time during reasonable hours of the day or night.
[Amended 11-28-2005 by Ord. No. 2015-05]
All buildings for which licenses are issued pursuant to this article shall have an entrance upon a public thoroughfare of the City. The door to such entrance shall be closed at all times.
No game of chance shall be held, operated or conducted in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game.
[Amended 11-28-2005 by Ord. No. 2015-05]
Any person, firm or corporation violating any section of this article shall, upon conviction thereof, shall be penalized by one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days.
[Adopted 7-26-1977 by Ord. No. 1312-77]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any fluid or solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented or distilled liquors, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes of any mixture of the same with soda or fruit juices.
PRIVATE PLACE
Any place which is not a public place as defined below.
PUBLIC PLACE
Any place, either publicly or privately owned, which is or may be frequented by the public.
No person shall consume alcoholic beverages in the City of Woodbury:
A. 
While in or upon a public street, lane, sidewalk, public parking lot, public place or in any conveyance.
B. 
In a private motor vehicle while the same is in motion or parked upon any public street, lane, public parking lot or public place.
C. 
While upon any private property not his or her own without the express permission of the owner, tenant or lawful occupant thereof.
No person shall have in his or her possession any open container of alcoholic beverage in any of the places where consumption of the same is prohibited by § 55-22 above.
No person shall consume any alcoholic beverages or discard any beverage container of any nature whatsoever upon any public street, lane, sidewalk, public parking lot, public place or upon any private property not his or her own without the express permission of the owner, tenant or lawful occupant thereof.
[Amended 11-28-2005 by Ord. No. 2015-05]
Any person who shall violate the provisions of this article shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days.