Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the Revised Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
This chapter is enacted under the authority granted by N.J.S.A. 33:1-1 to 33:1-96, also known as Chapter 436 of the Laws of 1933, as supplemented and amended. The purposes of this chapter are to render effective the provisions of the Act cited, the rules and regulations issued by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey and other applicable laws of the State of New Jersey and the United States of America.
For the purposes of this chapter, words and phrases herein shall have the same meanings as they have in N.J.S.A. 33:1-1 to 33:1-96, and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
7-3.1. 
Laws Applicable. All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in the previous section and all other applicable laws of the State of New Jersey or of the United States.
7-3.2. 
Issuing Authority. All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
7-4.1. 
Type and Number of Licenses. The classes of licenses, annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
No. of Licenses
Plenary retail consumption license
19
Plenary retail distribution license
3
Club license
1
Hotel/motel license
Each applicant for a new hotel/motel license shall pay to the Borough of Carlstadt a one-time initiation fee as set forth in Subsection 4-3.3 of this revision for the acquisition of said license from the Borough.
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
7-4.2. 
Location Restrictions. No plenary retail consumption license shall be issued for or transferred to any premises within 500 feet of a premises for which a similar type of license is outstanding, except if meeting the following conditions:
a. 
Premises must be used primarily as a restaurant as defined by N.J.S.A. 33:1-1.
b. 
Sale of alcoholic beverages shall be accessory to the sale of food and shall not exceed 50% of the gross revenues of the business at the premises.
c. 
Premises must have a minimum of 100 seats for its patrons and parking for a minimum of 50 cars.
d. 
There shall be no live entertainment on the premises.
e. 
Alcoholic beverages to be served at tables only.
f. 
There shall be no sale or display for off-site consumption of alcoholic beverages.
g. 
Premises must be zoned for such a use and be accessible from a state highway or county road.
h. 
In no case shall the premises be less than 250 feet from another licensed premises.
The distance shall be measured in the normal way a pedestrian would properly walk from the nearest entrance of one premises to the nearest entrance of the other in conformity with the procedure established pursuant to N.J.S.A. 33:1-76. This subsection shall not apply to the renewal of licenses presently outstanding.
The license fees shall be as set forth in Subsection 4-3.3 of this revision.
7-6.1. 
Hours of Operation. No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises, on New Year's Day when it is a weekday between the hours of 5:00 a.m. and 6:00 a.m.; on New Year's Day when it is a Sunday between the hours of 5:00 a.m. and 9:00 a.m.; on other weekdays between the hours of 2:00 a.m. and 6:00 a.m.; and on other Sundays between the hours of 2:00 a.m. and 9:00 a.m.
7-6.2. 
Sales to Certain Persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any mentally defective, habitually drunk or intoxicated person or any minor; permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons or permit any such persons to congregate in or about the licensed premises. No sale shall be made to any member of the Police Department of the Borough while (s)he is in uniform.
7-6.3. 
Outside View of Premises. All licensed premises, except those for which club licenses are issued, shall be so located that a normal sized adult can, on inspection from the exterior, view the interior of the premises.
7-6.4. 
Display of License. Each licensee shall display the license certificate issued under this chapter in the licensed premises in such a manner and place that it can be seen by anyone entering the licensed place of business. The license certificate shall be framed and under glass.
7-6.5. 
Disturbances and Nuisances. No licensee shall permit any brawl, act of violence, disturbance or unnecessary noise in any licensed premises. No licensee shall permit the licensed premises to be conducted in such a manner as to become a nuisance.
7-6.6. 
Closing During Prohibited Hours. During the hours when the sale or service of alcoholic beverages is prohibited, the entire licensed premises shall be closed. This subsection shall not apply to premises where a restaurant, as defined by N.J.S.A. 33:1-1, hotel, motel, bowling alley or similar business is conducted. The foregoing places may remain open during the prohibited hours in order to carry on normal business activities, except the sale or service of alcoholic beverages. If the premise remains open, however, the bar or any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed.
7-6.7. 
Sexually Provocative Activities or Attire. No licensee shall engage in or shall allow, permit or suffer any person employed by such licensee to perform any dancing exhibition in or on any part of the alcoholic beverage license premises.
a. 
Nude Entertainment. No licensee shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for the sale and distribution of alcoholic beverages in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
b. 
Nude Employees. No licensee shall employ, allow, permit or suffer any waitress, barmaid or any other person who comes in contact with or is likely to come in contact with the patrons of any establishment licensed for the sale and distribution of alcoholic beverages, to appear in the presence of such patrons with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
7-7.1. 
License Required. It shall be unlawful for any public dance hall, public assembly hall, nightclub, cabaret, theater, movie house, social club, restaurant and/or any person, partnership or corporation holding a plenary retail consumption license occupying any buildings or parts of buildings to furnish in or on those premises occupied by the aforesaid establishments entertainment of any kind or nature, whether or not an admission charge, cover fee or minimum is charged, without first obtaining a license therefore from the borough council.
7-7.2. 
Entertainers Under 21 Years of Age Prohibited. No licensee shall engage, employ, allow, permit of use entertainers under the age of 21 years.
7-7.3. 
Application for License.
a. 
Any person desiring a license under this section shall file with the borough clerk an original and four copies of an application, under oath and in writing, on a form furnished by the borough clerk.
b. 
The application shall set forth the following information:
1. 
The applicant's name, business name and business address.
2. 
Whether the applicant is an individual, a partnership, a corporation or another entity, and, if another entity, a full explanation and description thereof.
3. 
If the applicant is an individual, the applicant's residence address and date and place of birth.
4. 
If the application is a partnership, the full names, residence addresses, dates and places of birth of each partner.
5. 
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the names and address of the registered agent and the address of the principal office.
The term "stockholder", as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.
In the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of such entity, the name and address of the registered agent, if any, and the address of the principal office.
6. 
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime, and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers", as used herein, includes, but is not limited to, the president, vice presidents, secretary and treasurer of a corporate applicant.
7. 
The number of plenary retail consumption licenses held by the applicant.
8. 
The applicant shall provide in the application a specific description of the nature and type of entertainment to be provided on the licensed premises.
c. 
Upon receipt of such application, the borough clerk shall submit the same to the police department, fire department, building department and health department for reports with reference to the compliance or noncompliance of the licensed premises with borough and state rules, regulations, statutes and ordinances and the truth of the matters contained in the application.
d. 
Upon receipt of such application and reports, the borough clerk shall submit same to the borough council for its consent and approval.
e. 
The borough council shall consent to and approve the issuance of such permit, unless it reasonably finds that the applicant's character and business responsibility are not satisfactory; that a violation of municipal or state rules, regulations, statutes or ordinances exist; that untrue matters are contained in the application for such permit; that the issuance of such permit will tend to create a nuisance; or that the issuance of such permit will adversely affect the good government, order and protection of persons and property and the preservation of the public health, safety and welfare of the borough and its inhabitants. The borough council shall determine that the applicant's character and business responsibility are satisfactory unless the application, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:
1. 
Conviction for a crime involving moral turpitude.
2. 
Prior violations of statutes, ordinance or regulations relevant to the furnishing of entertainment.
3. 
Conviction for a crime or disorderly persons offense involving gambling.
4. 
Concrete evidence of bad character.
5. 
Grounds similar to those listed above which would reasonably cause the borough council to determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof, are not satisfactory.
f. 
Upon the consent and approval of the Borough Council to the issuance of such permit, the Borough Clerk shall issue the same; subject, however, to such appropriate conditions and safeguards, if any, consistent with the intent and purpose of and reasonably necessary to accomplish the objectives of this section and the statutory authority for the same, as may be imposed by the Borough Council.
7-7.4. 
Suspension and Revocation of Permit. Any permit issued under this section may be suspended or revoked by the Borough Council. If the Borough Council shall determine that there are reasonable grounds upon which to suspend or revoke any such permit, such grounds being the same grounds upon which the Council may refuse to consent to and approve the issuance of such permit as set forth in paragraph 7-7.3e above, it shall cause a notice setting forth the grounds for such proposed suspension or revocation to be served, in writing, upon the permittee or other person in charge of the premises for which such permit has been issued and requiring the permittee to appear before the Borough Council at the time and place designated in the notice, to show cause why such license should not be suspended or revoked. Notice may be served upon the permittee by personal service or by registered or certified mail addressed to the permittee's last known address.
7-7.5. 
Permit Fee. The fee for the entertainment permit shall be as set forth in subsection 4-3.1 of this revision. The fee shall accompany the application for the permit. All permits shall run from July 1 and expire on June 30 of the next succeeding year of its issuance.
7-8.1. 
Presence. No person under the legal drinking age shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his/her parent or guardian.
7-8.2. 
Purchase by Minor. No person under the legal drinking age shall purchase, or have another purchase for him/her any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
7-8.3. 
Purchase for Minor. No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal drinking age. It shall also be unlawful for any persons to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a person under the legal drinking age.
7-8.4. 
Misstating Age. No person shall misrepresent his/her age or the age of another person for the purpose of inducing any licensee or his/her employee to sell, serve or deliver any alcoholic beverage to a person under the legal drinking age or to permit a person under the legal drinking age to remain on any premises in violation of subsection 7-8.1.
7-8.5. 
Presumption. Any parent or guardian who accompanies a person under the legal drinking age into a premises in which alcoholic beverages are served and who permits such underage person to possess or consume alcoholic beverages, shall be presumed to have misrepresented the age of that person.
7-8.6. 
Possession. No person under the legal drinking age shall possess, transport, deliver, serve, sell or consume any alcoholic beverage in any public place within the Borough.
7-8.7. 
Notice. All licensees operating premises where alcoholic beverages are sold or served for consumption on the premises shall have permanently displayed within clear view of each entrance to the room in which alcoholic beverages are served a sign with letters large enough to be easily read by anyone entering the premises stating "No persons under the legal drinking age permitted in barroom unaccompanied by parent or guardian. Maximum penalty $1,000 fine and/or 90 days in jail."
7-8A.1. 
Purpose. The purpose of this section is to provide for the enforcement of P.L. 2000, c.33, to prohibit possession or consumption of alcoholic beverages on private property by underage persons.
7-8A.2. 
Definitions. For purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
7-8A.3. 
Possession or Consumption Prohibited on Private Property. It shall be unlawful for any person under the legal age who, without legal authority as hereinafter defined, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
7-8A.4. 
Interpretation.
a. 
The provision of this section shall not apply to any underage person who possesses or consumes an alcoholic beverage in connection with a religious observance, ceremony, or rite, or consumes or possesses an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
b. 
The provisions of this section as to possession of alcoholic beverages shall not apply to any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes of the State of New Jersey, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.
c. 
This section shall not be construed to preclude the imposition of a penalty under section N.J.S.A. 33:1-81, or any other section of the law, against a person who is convicted of unlawful alcoholic beverage activities on or at a premises licensed for the sale of alcoholic beverages.
7-8A.5. 
Violations and Penalties.
a. 
Any person who shall violate any provision of this section shall be subject to a fine of $250 for the first offense, and $350 for any subsequent offense.
b. 
Upon conviction the court may, in addition to the fine, suspend or postpone for six months the driving privilege of the defendant. In the event a driver's license is suspended, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including suspension or postponement of the privilege or operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
1. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last day of the license suspension period imposed by the court.
2. 
The court shall also inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, that person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
c. 
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter, any provisions of any applicable statute, or any of the rules and regulations of the State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1.1 to 33:1-96 by service of a five day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the statutes referred to.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.