[Adopted as Ch. XVI, Sec. 16:01, of the 1975
Municipal Code]
This Article is for the purpose of fixing license
fees and regulating the sale and distribution of alcoholic beverages
in the City of Salem, in the County of Salem, and State of New Jersey,
in accordance with the provisions of an Act of the Legislature entitled
"An Act Concerning Alcoholic Beverages," Chapter 436, P.L. 1933, 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 hereto and hereafter adopted by competent
municipal authority not inconsistent with said Act or said rules and
regulations of said State Commissioner.
It shall be unlawful to sell or distribute alcoholic
beverages in the City of Salem otherwise than as provided by said
Act and this article.
A. The Council of the City of Salem shall constitute
the authority for the issuance of licenses hereunder. No license shall
be issued except upon the majority vote of said body.
B. All licenses issued hereunder shall be 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 the Act of Legislature above
referred to and its amendments and supplements and such rules and
regulations as the State Commissioner of Alcoholic Beverage Control
has now established or may hereafter promulgate and the provisions
of this article and such other reasonable regulations as the Council
of the City of Salem may hereafter establish.
C. All licenses in the City of Salem shall be classified
as follows and shall be issued hereunder only upon the payment of
the fees for each class as hereby established:
(1) Plenary retail consumption license. The holder of
the license shall be entitled, subject to all rules and regulations,
to sell any alcoholic beverages for consumption on the licensed premises,
by the glass or other open receptacle, and also to sell any alcoholic
beverages in original containers for consumption off the licensed
premises. The annual fee for this license shall be $600. No new plenary
retail consumption licenses (except renewals) shall be hereafter issued,
unless and until the number of such licenses issued shall be less
than the number computed based on N.J.S.A. 33:1-12.14. Nothing herein
contained shall apply to the issuance of renewals of licenses already
issued and outstanding at the passage of this article nor to the renewal
of licenses issued or transferred in accordance with law and this
article.
(2) Seasonal retail consumption license. No seasonal retail
consumption license shall be granted within the City of Salem to sell,
subject to rules and regulations, any alcoholic beverages for consumption
on the premises, by the glass or other open receptacle, or to sell
any alcoholic beverages in original containers for consumption off
the licensed premises, during the summer season from May 1 until November
14, inclusive, or during the winter season from November 15 until
April 30, inclusive.
[Amended 10-16-1995 by Ord. No. 95-15]
(3) Plenary retail distribution license. The number of
plenary retail distribution licenses granted within the City of Salem
shall be less than the number computed based on N.J.S.A. 33:1-12.14.
The holder of this license shall be entitled, subject to rules an
regulations, to sell any alcoholic beverages for consumption off the
licensed premises but only in original containers. The annual fee
for this license shall be $300.
[Amended 10-16-1995 by Ord. No. 95-15]
(4) 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 7-10-1978 by Ord. No. 78-19; 3-15-1982 by Ord. No.
82-8; 3-19-1984 by Ord. No. 84-5; 12-4-1989 by Ord. No. 89-23; 7-19-1993 by Ord. No. 93-16]
A. No licensed place shall be open for sale of alcoholic
beverages between the hours of 1:00 a.m. and 7:00 a.m., commonly observed
time, except that said places may be open in addition thereto from
1:00 a.m. to 2:00 a.m. on New Year's Eve. The licensed premises shall
be vacated by all patrons by not later than 1/2 hour after the final
time permitted hereunder for the sale of alcoholic beverages.
B. The sale of alcoholic beverages on the first day of
the week, commonly called "Sunday," shall be permitted only as follows:
[Amended 11-20-1995 by Ord. No. 95-17]
(1) Between the hours of 12:00 midnight and 1:00 a.m. as provided in Subsection
A of this section; unless New Year's Eve Day falls on Sunday, in which case licensed establishments shall be permitted to be open between the hours of 12:00 noon and 2:00 a.m. of the following Monday as provided in Subsection
A of this section.
(2) Regular Sunday sales shall be permitted between the
hours of 12:00 noon and 8:00 p.m.
[Added 3-19-1984 by Ord. No. 84-5]
No alcoholic beverages shall be sold to persons
under the age of 21 years or to any intoxicated person. No alcoholic
beverages shall be sold or delivered to any person wearing the uniform
of the Police Department of this city. No alcoholic beverages shall
be sold, served or delivered to any mental defective or habitual drunkard
or to persons known to have been twice convicted of being drunk and
disorderly, nor shall any licensee permit the same to congregate in
or about the licensed premises.
Any licensee hereunder who solicits from house
to house personally or by telephone the purchase of alcoholic beverages
or permits fights, brawls or disturbances constituting a public nuisance
upon the licensed premises or who conducts or permits lotteries to
be conducted or the sale of any ticket of participation right in any
lottery thereupon or who engages in or permits bookmaking, gambling
or gambling devices in or about the licensed premises shall be guilty
of a violation of the provisions of this article and shall be punished
accordingly.
All buildings for which licenses are issued
shall have an entrance upon a public thoroughfare of the City of Salem.
The acceptance of any license issued hereunder
is an agreement by such licensee that the licensed premises shall
be open at all reasonable times for inspection by any proper authority.
Licensees shall maintain adequate sanitary toilet
arrangements upon the licensed premises.
No licensee shall cash or permit to be cashed
any checks over the bar or within the confines of the room in which
alcoholic beverages are dispensed.
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 things.
Any person who shall dispose of or sell any
alcoholic beverages within the City of Salem without the license required
by law or any person who shall knowingly receive a purchase from such
person and any person who shall knowingly purchase, sell or procure
any illicit alcoholic beverage within this City shall be guilty of
a violation of this article and shall be punished accordingly; provided,
however, that this section shall not apply to any person who has been
designated by legal authority to aid in the enforcement of this article
or of the Alcoholic Beverage Act.
[Amended 10-16-1995 by Ord. No. 95-15]
Any license issued pursuant to this article
may be, after fair hearing, suspended or revoked by the issuing authority
for the violation of any of the provisions of Chapter 436 of the Laws
of New Jersey, 1933, or its amendments or supplements, or of any of the rules and regulations promulgated by
the State Commissioner of Alcoholic Beverage Control or for violations
of this chapter.
[Added 3-15-2004 by Ord. No. 04-07]
No premises licensed for the sale of alcoholic
beverages under this chapter shall provide or permit any form of sexually
oriented/adult entertainment, including but not limited to peep shows;
nude or nearly nude dancing, service or other activity; lap dancing;
wet-t-shirt contest or similar activities.
[Amended 10-16-1995 by Ord. No. 95-15; 7-20-2020 by Ord. No. 20-06]
Any person violating this article shall, upon conviction, be
subject to a fine of not less than $100 nor more than $2,000; or imprisonment
in the county jail for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this article within one year of the date of a previous
violation of the same article and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by a court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the article, but shall be calculated separately
from the fine imposed for the violation of the article.