The purpose of this article is to regulate the
sale and transportation of alcoholic beverages in the Borough of Dunellen,
County of Middlesex, in accordance with the provisions of the Act
of the legislature entitled "An Act Concerning Alcoholic Beverages,"
which is Chapter 436 of the Laws of 1933, its supplements and amendments
(N.J.S.A. 33:1-1 to 33:1-96) and in accordance with the rules and
regulations issued or promulgated by the State Commissioner of Alcoholic
Beverage Control, applicable thereto.
All applications for licenses under this article,
all licenses issued thereunder and proceedings in connection therewith
shall be subject to said Act and said rules and regulations of said
State Commissioner of Alcoholic Beverage Control of New Jersey applicable
thereto, and shall be subject to any other statutes of New Jersey
or of the United States now extant or hereafter enacted, affecting
said subject matter.
The Council of the Borough of Dunellen, being
the governing body of said municipality, shall constitute the authority
for the administration of the issuance of licenses under this article
and shall forthwith report the issuance of all such licenses to said
State Commissioner of Alcoholic Beverage Control.
It shall be unlawful to sell or distribute alcoholic
beverages in the Borough of Dunellen, County of Middlesex, without
a license previously applied for and granted, pursuant to the provisions
of said Act.
[Amended 11-20-1978; 8-6-2001 by Ord. No. 001.05; 4-7-2008 by Ord. No. 08-10]
The fee for a plenary retail consumption license
shall be $900, and the holder of such license shall be entitled, subject
to rules and regulations, to sell for consumption on the 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.
[Amended 8-6-2001 by Ord. No. 001.05]
The fee for a seasonal retail consumption license
shall be $450, and such license shall entitle the holder, subject
to rules and regulations, to sell, during the summer season, from
May 1 until November 1, inclusive, or, during the winter season, from
November 15 to April 15, inclusive, for consumption on the 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. Such license shall not permit
the sale of alcoholic beverages in or upon any premises in which a
grocery, delicatessen, drugstore or other mercantile business is carried
on, except the keeping of a hotel or restaurant or the sale of cigars
or cigarettes, at retail, as an accommodation to patrons or the retail
sale of nonalcoholic beverages as accessory beverages to alcoholic
beverages.
[Amended 11-20-1978; 8-6-2001 by Ord. No. 001.05; 4-7-2008 by Ord. No. 08-10]
The fee for a plenary retail distribution license
shall be $900, and the holder of such license shall be entitled, subject
to rules and regulations, to sell any alcoholic beverages for consumption
off the licensed premises, but only in original containers.
A. The fee for a club license shall be in the sum of
$72, and the holder of such license shall be entitled, subject to
rules and regulations, to sell, to only bona fide club members and
their bona fide guests, alcoholic beverages intended for immediate
consumption on the licensed premises.
[Amended 11-20-1978; 8-6-2001 by Ord. No. 001.05]
B. Club licenses shall be issued only to such corporations,
associations and organizations as are operated for benevolent, charitable,
fraternal, social, religious, recreational, athletic or similar purposes
and not for private gain, and shall be subject to the qualifications,
conditions and restrictions imposed by said State Commissioner of
Alcoholic Beverage Control.
C. Each application for a club license shall set forth
the names and addresses of all officers, trustees, directors or other
governing officials, together with the names and addresses of all
the members of the applying club, corporation or association.
All applications for licenses shall set forth,
in full, answers to questions prescribed by the aforesaid Act and
the rules and regulations of said State Commissioner and shall include
declarations called for by said provisions.
No license shall be issued to any person, firm,
corporation, group or partnership not fully qualified under the provisions
of said Act and said rules and regulations.
All licenses, except seasonal retail consumption
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 upon presentation
of the application; provided, however, that any licensee, except a
seasonal retail consumption licensee, who shall voluntarily surrender
his license and who shall not have committed any violation of this
article or of any rule or regulation and who shall have paid all taxes,
setoffs or counterclaims that may have become due to the State of
New Jersey or to the Borough of Dunellen, shall be entitled, after
a deduction of 50% of said fee, as a surrender fee, to the prorated
fee for the unexpired term.
A. Any license issued under this article may be suspended
or revoked for a violation of any of the provisions of this article
or any of the provisions of said Act or said statutes heretofore mentioned
or any of the regulations and rules prescribed by said State Commissioner
of Alcoholic Beverage Control.
B. Proceedings for suspension or revocation shall be
in accordance with the provisions of said Act by the service of a
five-day notice of charges preferred against the licensee, as provided
in said Act, and affording a reasonable opportunity for a hearing,
and such suspension or revocation shall carry the penalties and prohibitions
provided for in said Act.
Every person licensed to sell alcoholic beverages
at retail for consumption on the premises, except clubs which qualify
under state regulations for club licenses, shall so arrange the doors,
windows or partitions of the premises licensed for the sale of alcoholic
beverages so that an unobstructed view of the interior thereof may
be had from the street through a door or window or both. In the case
of hotels, the barrooms shall be so located that an unobstructed view
can be had from the lobby or other public room of the hotel.
[Amended 1-12-2009 by Ord. No. 09-02; 1-5-2015 by Ord. No. 2014-05]
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 2:00 a.m. and 7:00 a.m. or on Sundays
between the hours of 2:00 a.m. and 12:00 p.m. except 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, or allow
the consumption 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 12:00 p.m.
C. 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
Christmas Day, when it is a weekday between the hours of 3:00 a.m.
and 7:00 a.m., or on Christmas Day, when it is a Sunday, between the
hours of 3:00 a.m. and 12:00 p.m.
D. The hours referred to above shall be Eastern standard time and shall
reflect any daylight saving time as mandated by law.
No sales of alcoholic beverages shall be made
to any minor, mental defective or habitual drunkard.
No person shall be served in any back room or
side room which is not open to the use of the public generally, except
that in hotels guests may be served in their rooms or in private or
public dining rooms, and provided that this prohibition shall not
apply to club licenses.
No person, as defined in said Act, shall possess,
sell, distribute or transport any alcoholic beverage in the Borough
of Dunellen in violation of said Act.
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be punished by a fine
of not more than $500 or imprisonment for not more than 90 days, or
both, in the discretion of the court.