Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 11-19-1962 as Ch. 3 of the 1962 Code (Ch. 70, Art. I, of the 1987 Code)]
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 beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same and fruit juices.
MINOR
A person under the age of 21 years.
[Added 4-16-1984]
PRIVATE PREMISES
Any noncommercial premises used for either residential or recreational purposes.
[Added 4-16-1984]
[Amended 11-15-1976; 12-20-1976; 10-15-1984; 6-6-1994; 3-6-2000 by Ord. No. 00-08; 12-1-2003 by Ord. No. 03-47; 4-21-2008 by Ord. No. 08-17; 3-2-2009 by Ord. No. 09-19; 4-18-2011 byOrd. No. 11-23;2-21-2012 byOrd. No. 12-11]
The fees for licenses issued under the provision of this article and under the state acts shall be as follows:
A. 
For each plenary retail consumption license: the sum of $2,500 per annum.
B. 
For each plenary retail distribution license: the sum of $2,500 per annum.
C. 
For each limited retail distribution license: the sum of $60 per annum.
[Amended 11-2-1987]
Limitations are hereby fixed for the issuance of the following classes of licenses:
A. 
Plenary retail consumption licenses shall not exceed 32.
B. 
No seasonal retail consumption licenses shall be issued.
C. 
Plenary retail distribution licenses shall not exceed 13.
D. 
Limited retail distribution licenses shall not exceed 25.
E. 
No club licenses shall be issued.
A. 
Consumption on licensed premises.
[Amended 6-5-1989; 4-15-1996]
(1) 
No licensee under this article or other person 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 2:00 a.m. and 7:00 a.m. or on Sunday between the hours of 2:00 a.m. and 11:00 a.m., except New Year's Day as provided in this section.
(2) 
No licensee under this article or other person 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 New Year's Day falls on a Sunday, between the hours of 5:00 a.m. and 11:00 a.m., sales being permissible at any time on New Year's Day when it falls on a weekday.
(3) 
All bars and barrooms shall be closed during the hours when sales of alcoholic beverages are prohibited.
B. 
Sale in original containers. No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any distilled spirits and liqueurs at retail in their original containers or allow, permit or suffer the removal of any distilled spirits and liqueurs in their original or opened containers from a retail licensed premises on Sunday before 12:00 noon or after 5:00 p.m. or before 9:00 a.m. or after 9:00 p.m. on any other day of the week. If Christmas Day or New Year's Day falls on a Monday, the sale of any alcoholic beverage for off-premises consumption from a retail licensed premises shall be permitted on the preceding Sunday from 9:00 a.m. to 9:00 p.m.
[Amended 1-4-1982; 6-5-1989]
No person shall possess, sell, distribute or transport within the Township any alcoholic beverage in violation of the provisions of the Alcoholic Beverage Law (N.J.S.A. 33:1-1 et seq.) of the state.
No person or holder of a plenary retail consumption license or plenary retail distribution license shall sell alcoholic beverages in a sealed package or container unless such package or container contains not less than one pint of alcoholic beverage.
[1]
Editor's Note: Former Sec. 3-6, which immediately preceded this section, was repealed 12-7-1970.
[Amended 11-2-1987]
A. 
No licensee under this article or other person shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years or allow, permit or suffer the consumption of any alcoholic beverage by any such person upon the licensed premises.
B. 
It shall be unlawful for any person under the age of 21 years to misrepresent his age for the purpose of inducing any licensee or any employee of any licensee to sell, serve or deliver any alcoholic beverage to him.
[Amended 11-2-1987]
It shall be unlawful for any person to furnish or serve in any private premises in the Township of Bloomfield any alcoholic beverage to a minor. This restriction does not apply to the furnishing or service of alcoholic beverages to a minor by an adult who is related to the minor by blood, marriage or adoption, provided that the relation is as close or closer than first cousins.
No licensee under this article or other person shall sell, serve or deliver, nor shall any person or licensee suffer or permit the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any mental defective or habitual drunkard or to any person known in the neighborhood to be of intemperate habits or to any person visibly under the influence of alcoholic liquor.
No licensee under this article shall allow, permit or suffer, in or upon the licensed premises, any disturbance, brawl or unnecessary noise, nor allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
All places in which alcoholic beverages are sold shall be so constructed and maintained that a clear and open view shall be had from the street on which the place fronts, and such place shall be free and clear of any screen, nontransparent glass, shade, blind, shutter, partition, fixture, curtain, merchandise or other obstruction placed within or without the building where the room is located, which may, in any manner, obstruct or interfere with such view of the interior; provided, however, that, where the room is not on the ground floor or does not abut any street, it shall be so constructed and maintained that a clear and open view of the interior thereof may be had at all times from the hallway, corridor or entrance leading to such place or room.
[Amended 8-13-1973; 11-2-1987]
No person shall purchase any alcoholic beverage in the Township of Bloomfield for or on behalf of a person under the age of 21 years, except a parent or legal guardian of such minor child.
[Added 5-7-1979]
No plenary retail distribution license shall be issued to permit and no such license shall permit the sale of alcoholic beverages, except beer, in or upon any premises in which any other mercantile business is carried on, except that such restriction shall not be deemed to prohibit the retail sale of nonalcoholic beverages and other products normally used as accessories to alcoholic beverages and does not apply to existing licenses, as of the effective date hereof.
[Added 12-20-1982]
A. 
No plenary retail distribution license or plenary retail consumption license shall be transferred to different premises within 500 feet of other plenary licensed establishments as aforesaid, provided that nothing herein shall prevent renewals or transfers to another licensee of licenses heretofore issued for use on the same premises on which the license is presently in operation. Where the five-hundred-foot distance is referred to in this section, the same shall be measured in the same manner as required by the statute for measuring to schools and churches. Notwithstanding the foregoing provisions, the governing body may, after hearing and upon review of the location and availability of other licensed establishments to persons living and utilizing the facilities located in and around the proposed location and review of general neighborhood characteristics and boundaries, determine that approval of the transfer shall be permitted upon a finding that the following conditions exist:
(1) 
There is a hardship confronting the licensee by reason of acquisition by a public agency of the premises utilized by the licensee.
(2) 
There is no undue concentration of establishments of the type to be relocated in the immediate area.
(3) 
The proposed location is appropriate for the type of operation anticipated.
B. 
This restriction shall not apply to licenses which are being utilized as supportive of a restaurant with full dining amenities with seating for a minimum of 75 patrons at tables with waiters.
[Added 11-5-1987[1]]
Any person violating any provision of this article shall, upon conviction thereof, be subject to the penalty as provided in § 1-15, General penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.