[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 3-13-1989 by Ord. No. 1989-3. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 206.
Peace and good order — See Ch. 210.
Retail food establishments — See Ch. 228.
Zoning — See Ch. 300.
When used in this chapter, the following terms shall be defined as follows:
CLASS C LICENSES
Such licenses as are classified as "Class C licenses" pursuant to the statute.
RULES AND REGULATIONS
Such rules and regulations established from time to time by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey.
STATUTE
The New Jersey Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq., as amended.
It shall be unlawful to sell or distribute alcoholic beverages within the City of Bordentown, except pursuant to and within the terms of the statute, rules and regulations and this chapter.
All applications for any Class C license, and all Class C licenses issued hereunder, shall be subject to the statute, rules and regulations and this chapter.
The Board of Commissioners of the City of Bordentown shall be the local authority for the issuance, suspension or revocation of any license issued pursuant to this chapter.
The Board of Commissioners of the City of Bordentown may deny an application for a license or transfer of license pursuant hereto or may suspend or revoke or otherwise fail to renew any license issued pursuant hereto for any violation of any provision of the statute, rules or regulations, this chapter or of any ordinance of the City of Bordentown.
Each licensee to whom a license pursuant to this chapter is issued shall permit alcoholic beverages to be consumed only in accordance with the statute, rules or regulations, this chapter or any other ordinance of the City of Bordentown.
A. 
No more than eight plenary retail consumption licenses shall be issued and outstanding at the same time in the City of Bordentown, but this limitation shall not prevent the renewal of licenses presently outstanding or the transfer of such licenses and the renewal of licenses so transferred. This limit shall not be applicable to any plenary retail consumption licenses which are permitted to be issued by the City under an exception to the population ratio formula of N.J.S.A. § 33:1-12.14, such as licenses issued to persons operating hotels or motels containing at least 100 guest sleeping rooms.
[Amended 7-10-2017 by Ord. No. 2017-10]
B. 
The fee to be charged for a plenary retail consumption license shall be as established from time to time by the Board of Commissioners.[1]
[Amended 11-13-1995 by Ord. No. 1995-18]
[1]
Editor's Note: See Ch. 37, Fees and Licenses.
A. 
No more than one plenary retail distribution license shall be issued and outstanding at the same time in the City of Bordentown.
B. 
The fee to be charged for a plenary retail distribution license shall be as established from time to time by the Board of Commissioners.[1]
[Amended 11-13-1995 by Ord. No. 1995-18]
[1]
Editor's Note: See Ch. 37, Fees and Licenses.
A. 
No more than four club licenses shall be issued and outstanding at the same time in the City of Bordentown.
B. 
The fee to be charged for a club license shall be as established from time to time by the Board of Commissioners.[1]
[Amended 11-13-1995 by Ord. No. 1995-18]
[1]
Editor's Note: See Ch. 37, Fees and Licenses.
C. 
All club licensees shall adhere to § 100-12, Hours of operation; closing of licensed premises.
[Added 12-10-2001 by Ord. No. 2001-16]
[Amended 12-24-1990 by Ord. No. 1990-6; 7-27-1992 by Ord. No. 1992-3; 1-22-1996 by Ord. No. 1995-21; 9-11-1997 by Ord. No. 1997-9; 2-8-1999 by Ord. No. 1999-3; 12-10-2001 by Ord. No. 2001-16; 8-12-2002 by Ord. No. 2002-10; 4-14-2003 by Ord. No. 2003-6; 3-9-2009 by Ord. No. 2009-02]
A. 
No licensee shall sell, serve or deliver, allow, permit or suffer the sale, service or delivery of any alcoholic beverage upon or from the licensed premises between the hours of 12:00 midnight and 9:00 a.m. from Sunday through Thursday, inclusive, of each week. On Fridays and Saturdays, licensees may open at 9:00 a.m. and may serve alcohol until the following morning (Saturdays and Sundays, respectively) until 1:30 a.m. Also, on New Year’s Eve, Saint Patrick’s Day, Easter Sunday, Fourth of July, Thanksgiving Eve and Christmas, inclusive, a licensee may permit the sale of any alcoholic beverage until 1:30 a.m. the following morning and consumption upon the licensed premises until 2:00 a.m. the following morning at the discretion of the Board of Commissioners of the City of Bordentown.
B. 
All licensees may sell, at retail, alcoholic beverages by the glass, glass mug, or glass goblet, but not in the original container, for on-premises consumption on Sundays between the hours of 11:00 a.m. and 12:00 midnight, regardless of whether such beverages are served and consumed in conjunction with the service of meals. When New Year's Eve, Saint Patrick's Day, Easter Sunday, Fourth of July, Thanksgiving Eve, and Christmas fall on a Sunday, the sale of alcoholic beverages may take place between the hours of 11:00 a.m. and 1:30 a.m. the following morning, and consumption upon the premises may continue until 2:00 a.m. the following morning.
[Amended 12-28-2016 by Ord. No. 2016-19]
C. 
During the hours that the consumption of alcoholic beverages upon the licensed premises is prohibited by this chapter, the entire licensed premises shall be closed to all persons except the licensees or employees who clean or perform other necessary work in or about the premises during such prohibited hours; and the entire interior of the bar or business room or any other room where alcoholic beverages are sold, delivered or consumed shall be kept open to full view of the public thoroughfare or from adjacent rooms to which the public is freely admitted. The closing-of-premises requirement shall not apply to club licenses which may remain open for business, except for the sale, service or delivery of alcoholic beverages, during the hours prohibited by this chapter.
A. 
No alcoholic beverage may be either sold or consumed in any portion of the licensed premises which is open to view of the public thoroughfare or from adjacent rooms to which the public is freely admitted. All doors leading into that portion of the licensed premises in which sales or consumption of alcoholic beverages are permitted shall be kept closed during the hours that sales or consumption are permitted by this chapter. All such doors that contain glass panes shall have appropriate glass-pane treatments that will prevent full view into that portion of the licensed premises from the public thoroughfare or from adjacent rooms to which the public is freely admitted. All windows existing in that portion of the licensed premises in which alcoholic beverages are sold or consumed shall be covered by window treatments that will prevent view into that portion of the licensed premises from the public thoroughfare or from adjacent rooms to which the public is freely admitted.
B. 
No licensee shall permit any voices, noises or other sounds of any type or nature to emanate from the licensed premises to either any adjoining premises or to the public thoroughfare.
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages, directly or indirectly, to any person under the age of 21 years or to any person actually or apparently intoxicated or to allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbances, lewdness, immoral activities, fighting, brawls or unnecessary noises or allow, permit or suffer the licensed place of business to be conducted in such a manner as to create or become a nuisance.
No licensee shall allow, permit or suffer any gambling, lottery or football or other betting pool to be conducted or any ticket or right of participation in any lottery or football or other betting pool to be sold or offered for sale on or about the licensed premises.
No license of any type shall be issued pursuant to this chapter until the premises have been approved by the Commissioners of the City of Bordentown and by the Board of Health for the City of Bordentown or County of Burlington. The Board of Commissioners of the City of Bordentown and the appropriate Board of Health shall, after the issuance of any license, have the right and power at any time or times to inspect the licensed premises to ascertain whether the premises is being maintained in a sanitary condition. The failure to maintain the licensed premises in a sanitary condition shall be cause for the suspension or revocation of the license.
Any licensee or applicant for a license shall provide such information to the Board of Commissioners of the City of Bordentown as may be requested with respect to any matter or matters pertaining to the ownership or management of the premises or to any other matter pertaining to the conduct of the business being conducted pursuant to the license.
[Amended 12-24-1990 by Ord. No. 1990-5]
Violation of any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article I, Violations and Penalties.
[Added 5-13-1991 by Ord. No. 1991-5]
A. 
Any person under the legal age to purchase alcoholic beverages who knowingly purchases, possesses without legal authority or knowingly consumes any alcoholic beverage in any school, public conveyance (but not limited to movie theaters, motels or hotels) or public parks, beaches or other open public lands is guilty of a disorderly persons offense and shall be fined not less than $100.
B. 
Nothing in this section shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control or for a bona fide hotel or restaurant, in accordance with provisions of N.J.S.A. 33:1-26.
[Added 5-13-1991 by Ord. No. 1991-5]
Any person of legal age to purchase alcoholic beverages who, knowingly and without the express written permission of the school board, its delegated authority or any school principal, brings or possesses any alcoholic beverages on any property used for school purposes which is owned by any school or school board is guilty of a disorderly persons offense.
[Added 5-13-1991 by Ord. No. 1991-5]
Anyone, either above or below the legal age to purchase alcoholic beverages, who purposely or knowingly offers or who serves or makes available an alcoholic beverage to a person or persons under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage or who makes available his or her residence or property as a place for an underage person or persons to consume alcohol is a disorderly person. This section shall not apply to a parent or guardian or to a first cousin or closer relative by blood, marriage or adoption of the person under legal age for consuming alcoholic beverages, if the parent, guardian or relative is of the legal age to consume alcoholic beverages and is present while the underage relative consumes the same, or to a religious observance, ceremony or rite. This section shall also not apply to any person in his home who is of true legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverage in the presence and with the permission and approval of the guardian or first cousin or closer relative by blood, marriage or adoption of the person under the legal age for consuming alcoholic beverages, if the guardian or relative is of a legal age to consume alcoholic beverages. The foregoing two exceptions apply only between the underage person or persons who may be present.