[Adopted 5-5-1937]
This article is for the purpose of fixing license fees and regulating the sale and distribution of alcoholic beverages in the Borough of Wanaque, County of Passaic and State of New Jersey, in accordance with the provisions of the Act of the Legislature entitled "An Act Concerning Alcoholic Beverages," being P.L. 1933, c. 436, as amended and supplemented, and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable thereto.
[Amended 12-18-1989 by Ord. No. 17-0-89]
A. 
The Mayor and Council of the Borough of Wanaque, being the governing body of said municipality, shall constitute the authority for the administration and issuance of licenses under this article.
B. 
The Borough of Wanaque, in the interests of the public health, safety and welfare, may grant licenses or renew licenses, subject to such terms and conditions it deems appropriate and necessary to protect the public health, safety and welfare of the citizens and residents of the Borough of Wanaque.
No licenses shall be issued except after written application presented by the proposed licensee upon forms approved by the governing body and after conformity with publication of notice and otherwise as required by said Act and this article.
It shall be unlawful to sell and distribute alcoholic beverages in the Borough of Wanaque without a valid license previously applied for, granted and in effect.
[Amended 6-16-1937; 4-3-1940; 11-23-1977 by Ord. No. 24-0-77; 4-25-1979 by Ord. No. 4-77-79; 12-18-1989 by Ord. No. 17-0-89]
The following shall constitute the licensing classes hereunder and the licensing fees therefor:
A. 
The plenary retail consumption license fee shall be $516 commencing with the year 1990, and said fee shall be automatically raised 20% per year thereafter, until the fee reaches $2,000.
B. 
The plenary retail distribution license fee shall be $276 commencing with the year 1990, and said fee shall be automatically raised 20% per year thereafter until the fee reaches $2,000.
C. 
The club license fee shall be $150 per year, commencing 1990.
D. 
The extension application or limited or special license application fee shall be $150 per year, commencing 1990.
[Amended 6-16-1937; 4-3-40]
No license shall be issued to any person, firm, corporation, group or partnership not fully qualified under the provisions of said Act, rules and regulations, and all licenses shall be for a term of one year from the first day of July in each year, and all fees shall be paid in advance.
[Amended 6-16-1937; 4-3-1940; 4-15-1942; 3-1-1944]
The number of plenary retail consumption licenses outstanding in the Borough of Wanaque shall be limited to 18, and the plenary retail distribution licenses shall be limited to three; and from and after the date of the passage of this amendment to this article, no seasonal retail consumption licenses shall henceforth be issued in the borough, but the holders of any seasonal retail consumption license heretofore issued or presently outstanding in the borough shall be entitled to receive a plenary retail consumption license in accordance with the provisions of this article. But the granting of such plenary retail consumption license to the previous holders of any seasonal retail consumption licenses shall not be construed or be taken to mean, in anywise, to increase the number of plenary retail consumption licenses now limited to 18 in the borough.
A. 
The limitation of plenary retail consumption licenses herein provided shall not prevent the renewal of such licenses outstanding, upon the adoption of this amendment, nor transfers thereof, as provided by Chapter 436, P.L. 1933, as amended and supplemented, nor the renewal of such licenses so transferred.
B. 
This limitation shall apply to all retail consumption licenses that shall have been surrendered, revoked or have not been renewed.
C. 
No plenary retail consumption license, excepting renewals and transfers from person to person, for the same premises covered by the previous license, shall be granted for, or transferred to, any premises within 1,000 feet of an existing licensed premises covered by a plenary retail consumption license. If a licensee desires to transfer to another premises, he shall be permitted to do so; provided, however, that he shall not be permitted to transfer to other premises within 1,000 feet of an existing licensed premises covered by a plenary retail consumption license.
D. 
No plenary retail distribution license, excepting renewals and transfers from person to person, for the same premises covered by the previous license, shall be granted for, or transferred to, any premises within 1,000 feet of an existing licensed premises covered by a plenary retail distribution license. If a licensee desires to transfer to another premises, he shall be permitted to do so; provided, however, that he shall not be permitted to transfer to other premises within 1,000 feet of an existing licensed premises covered by a plenary retail distribution license.
E. 
The 1,000 feet referred to in this section shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said licensed premises to the nearest entrance of the premises sought to be licensed.
[Amended 5-4-1938; 4-3-1940]
A. 
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, or allow the consumption of any alcoholic beverage on licensed premises, on weekdays between the hours of 3:00 a.m. and 7:00 a.m., or on Sundays between the hours of 3:00 a.m. and 11:00 a.m., excepting New Year's Day each year, as hereinafter provided.
B. 
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage on licensed premises on New Year's Day, when it is a weekday, between the hours of 5:00 a.m. and 7:00 a.m., or on New Year's Day, when it is a Sunday, between the hours of 5:00 a.m. and 11:00 a.m.
C. 
During the hours sales of alcoholic beverages are hereinabove prohibited, the entire licensed premises shall also be closed; provided, however, that this closing-of-premises requirement shall not apply to bona fide hotels and restaurants, as defined in N.J.S.A. 33:1-1t, clubs and other establishments where the principal business or activity is other than the sale of alcoholic beverages. The entire interior of the licensed premises shall be kept open to public view from the outside thereof during closing hours. No screen, partition or other obstacle shall be permitted to obstruct a clear view during said closing hours.
D. 
The hours above referred to shall be prevailing time.
E. 
The sale of alcoholic beverages in original containers, commonly known as "package sales," shall be limited and restricted to the hours of 11:00 a.m. to 10:00 p.m., on Sundays.
[Added 8-26-1981 by Ord. No. 7-79-81]
All premises in which said alcoholic beverages shall be sold or otherwise dispensed shall have reasonable access of light from the public highway, and such premises shall be deemed to have reasonable access of light when a normal size adult can, on inspection from the exterior, view the interior of said licensed premises.
[1]
Editor's Note: Former § 47-10, Sales and deliveries to minors and persons under the influence of alcohol, was repealed 3-12-2012 by Ord. No. 1-0-12.
No licensee shall allow, permit or suffer, in or upon the licensed premises, any criminals, lawless or immoral individuals, gangsters, racketeers, pickpockets, swindlers, confidence men or female impersonators, or permit the licensed premises to be used in the procuring or furnishing of women for immoral purposes or for the commission of crime or immoral acts or for the defrauding or permitting the defrauding of anyone in the licensed premises, by misrepresentations or threats.
No licensee shall allow, suffer or permit any lottery to be conducted, or any ticket or participation right to be sold or offered for sale on or about the licensed premises, except as permitted by statute and the Alcoholic Beverage Control Commission.
No licensee shall engage in or allow, permit or suffer any pool selling, bookmaking or any playing for money at any unlawful game or gambling of any kind or any device or apparatus designed for any such purpose on or about the licensed premises.
No licensee shall possess, allow, permit or suffer, on or about the licensed premises, any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable thing or permit the violation of any of the gaming or gambling laws or ordinances within said licensed premises.
Each licensed premises shall have displayed or posted, in a conspicuous place on the licensed premises, the license and a copy of this article.
Each and every person violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or shall be imprisoned in the county jail for a term not exceeding 90 days, or both. The Municipal Judge before whom any such person shall be brought, shall, upon conviction, impose such punishment as he may see fit, not exceeding the maximum herein provided.
In addition to the penalty above prescribed, the Council of the Borough of Wanaque shall have power to suspend or revoke the license of any person for violation of any of the provisions of this article or of any of the provisions of said Act or said statutes heretofore mentioned or of any of the rules and regulations prescribed by the State Commissioner of Alcoholic Beverage Control.
[Added 12-18-1989 by Ord. No. 17-0-89]
A. 
The Wanaque Police Department is hereby authorized and empowered to investigate, inspect or examine and to facilitate, as far as may be in its power so to do, in any such investigation, examination or inspection of any alcoholic beverage establishment, and it shall not in any way hinder or delay or cause the hindrance or delay of same, in any manner whatsoever.
B. 
Investigations, inspections and searches of licensed premises may be made without search warrant by the Wanaque Police Department.
C. 
The Wanaque Police Department and the governing body of the Borough of Wanaque shall have, in addition thereto, such other powers as are set forth in N.J.S.A. 33:1-1 et seq. and N.J.A.C. 13:2-1 et seq.
[Added 12-18-1989 by Ord. No. 17-0-89]
No licensee shall allow, permit or suffer in or upon the licensed premises, any disturbances, fights, brawls or unnecessary noises, nor allow, permit or suffer the licensed place of business to be conducted in such a manner as to become a nuisance.
[Added 12-18-1989 by Ord. No. 17-0-89]
A. 
Definitions. As used in this article, the following words shall have the meanings indicated:
PUBLIC AREA
[Amended 3-12-2012 by Ord. No. 1-0-12]
(1) 
Public parks, playgrounds, trails, paths, and other recreational areas, owned, leased or controlled by the Borough of Wanaque or by any other governmental bodies.
(2) 
Other public and semipublic open spaces, including but not limited to public streets, sidewalks, parking lots, garage ways, walkways, and rest areas.
(3) 
Scenic and historic sights.
(4) 
Other public building and structures.
(5) 
The interior of a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot or other public or quasi-public area or place.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Permit required, was repealed 3-12-2012 by Ord. No. 1-0-12.
C. 
Violation and penalties. Any person or persons who consume an alcoholic beverage in a public area without a permit or discard an alcoholic beverage container upon public property or otherwise, as described hereinabove, upon conviction thereof, shall be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both.
[Added 3-12-2012 by Ord. No. 1-0-12]
Any person or organization desiring to serve or consume alcoholic beverages in any public area, as above described, shall first obtain an appropriate club license or other license approved and issued by the New Jersey Division of Alcoholic Control. Such person or organization, in connection with the issuance of any such license, shall be required to provide a policy of liability insurance, or an endorsement on a liability insurance policy, in a minimum amount of $1,000,000, naming the Borough of Wanaque as an additional insured in connection with the consumption or distribution of alcoholic beverages as aforesaid.