[1972 Code, Chapter 114]
This chapter is enacted to regulate the sale
and transportation of alcoholic beverages in the Borough of Ramsey
in accordance with the provisions of an act of the Legislature of
the State of New Jersey entitled "An Act Concerning Alcoholic Beverages,"
comprising Chapter 436 of the Laws of 1933, its supplements and amendments,
and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with
the rules and regulations of the State Director of Alcoholic Beverage
Control.
[1972 Code, Chapter 114]
For the purpose of this chapter, words and phrases
herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq.,
and the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
[1972 Code § 114.001]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[1972 Code § 114.001]
All licenses required by this chapter shall
be issued by the Borough Council, which shall also administer the
provisions of this chapter.
[Ord. No.
1268 § 5]
No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this chapter.
[Ord. No.
436; Ord. No.
497; Ord. No.
591; Ord. No.
782 § 2; Ord. No. 844 § 1; Ord. No. 878 § 1; Ord. No. 878-A § 1; Ord. No. 878-B § 1; Ord. No. 878-C § 1; Ord. No. 878-F § 1;
amended 7-12-2006 by Ord. No. 24-2006[1]]
a.
The annual fee for licenses for the sale or distribution
of alcoholic beverages in the Borough shall be as follows:
[Amended 2-8-2012 by Ord. No. 02-2012; 4-8-2015 by Ord. No. 04-2015]
|
Class of License
|
Annual License
|
Number of Licenses
| |
|---|---|---|---|
|
Plenary retail consumption license
|
$2,500
|
13
| |
|
Plenary retail distribution license
|
$2,500
|
2
| |
|
Club license
|
$150
|
Not limited
|
b.
The provisions of this subsection with respect to
the limitation on the number of licenses shall not apply to the renewal
or transfer of licenses presently issued.
[1]
Editor's Note: This ordinance also provided
that the license fees shall be effective beginning with 2007-2008
license renewals.
[Ord. No.
463; Ord. No.
497; 1972 Code § 114.001]
In addition to the above, one plenary retail
consumption license will be permitted for each hotel or motel premises
containing at least 100 sleeping rooms.
[Ord. No.
497; 1972 Code § 114.020]
Club licenses may 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 which comply with all conditions which
may be imposed by the Director of Alcoholic Beverage Control by rules
and regulations. Such licenses shall be entitled to sell any alcoholic
beverages but only for immediate consumption on the licensed premises
and only to bona fide club members and their guests. Sales of alcoholic
beverages shall be restricted to the bar room area specified in the
license application.
[1972 Code § 114.020; Ord. No. 800 § 2]
No alcoholic beverages shall be sold, delivered
or served in any licensed premises on any day between the hours of
2:00 a.m. and 6:00 a.m. except Sundays and New Year's Day each year
as hereinafter provided.
[1972 Code § 114.020; Ord. No. 800 § 1;
amended 7-26-2017 by Ord. No. 06-2017]
[Ord. No.
800 § 2; Ord. No. 894 § 1]
Provisions of Subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold or delivered in the licensed premises between the hours of 5:00 a.m. and 6:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 11:00 a.m.
[Ord. No.
894 § 1; Ord. No. 1075 § 1; Ord. No. 1215; amended 7-26-2017 by Ord. No. 06-2017]
No licensee shall sell or deliver, or allow, permit, or suffer
the sale or delivery of any alcoholic beverage at retail in its original
container for consumption off the licensed premises or allow, permit
or suffer the removal of any alcoholic beverage in its original container
from retail licensed premises on Sunday before 9:00 a.m. or after
7:00 p.m. and on any other day of the week before 9:00 a.m. or after
10:00 p.m. Whenever, however, December 24 or December 31 falls on
a Sunday, a licensee shall be permitted to sell or deliver any alcoholic
beverage at retail in its original container for consumption off the
licensed premises and shall be permitted to allow the removal of any
alcoholic beverage in its original container from the retail licensed
premises between the hours of 9:00 a.m. and 10:00 p.m.
[Ord. No.
894 § 2; Ord. No. 1197]
a.
No licensee shall allow consumption of any alcoholic
beverage on the licensed premises between the hours of 2:15 a.m. and
6:00 a.m. Monday through Saturday, and between the hours of 2:15 a.m.
and 11:00 a.m. on Sunday except that licensees may allow the consumption
of any alcoholic beverages until 5:15 a.m. on January 1 of each year.
b.
A licensed premises which is a hotel or a diner may
stay open after the times hereinbefore set forth in this paragraph
to engage in its business activities provided the licensee does not
sell, serve, deliver or allow, permit or suffer the sale, service,
delivery or consumption of any alcoholic beverages on the licensed
premises after the time hereinbefore set forth in this paragraph.
[Ord. No.
1268 § 5]
The times above set forth shall be Eastern Standard
Time except when Daylight Saving Time is in effect, when the times
shall be Daylight Saving Time.
[Ord. No.
1268 § 5]
No licensee or employee of a licensee shall
sell, serve or deliver, directly or indirectly, any alcoholic beverages
to any intoxicated person or minor, or permit the consumption of alcoholic
beverages on any licensed premises by any of the above named classes
of persons, or permit any such persons to congregate in or about the
licensed premises.
[1961 Code § 28.04; Ord. No. 508; Ord. No. 800 § 1]
No plenary retail distribution license shall
be issued to permit the sale of alcoholic beverages in or upon any
premises in which any other mercantile business is carried on, except
that a plenary retail distribution licensee shall be permitted to
sell nonalcoholic beverages as accessory beverages to alcoholic beverages,
and also cocktail cherries, olives and onions, potato chips, pretzels,
nuts and similar snack items, ice cubes, glasses, decanters, corkscrews,
bottle openers and similar bar accessories, tobacco products and New
Jersey State lottery tickets.
[1961 Code § 28.06; 1972 Code § 114.025]
On premises where both sexes are served alcoholic
beverages for consumption on the premises, separate toilets and washrooms
shall be provided for each sex and such toilets and washrooms shall
at all times be maintained in a sanitary condition.
[1961 Code § 28.07; 1972 Code § 114.030]
All licensed premises shall at all times be
open for inspection by the Mayor and by the Council, the Borough Administrator,
the Borough Attorney, and by any member of the Police or Health Departments
of the Borough.
[Ord. No.
509; 1972 Code § 114.040]
No plenary retail consumption license or plenary
retail distribution license shall be issued, nor shall any place-to-place
transfer of an existing license be granted for the service or sale
of alcoholic beverages upon the premises which are within 500 feet
of any existing premises licensed to sell or serve alcoholic beverages
under another plenary retail consumption license or plenary retail
distribution license. The distance shall be measured from the nearest
entrance of the nearest licensed premises to the nearest entrance
of the premises sought to be licensed along the normal way that a
pedestrian would probably walk as provided in N.J.S.A. 33:1-76.
[Ord. No.
509; 1972 Code § 114.040; Ord. No. 1191]
Subsection 6-5.1 shall not apply to the following cases:
a.
The renewal or person-to-person transfer of any plenary
retail consumption license or plenary retail distribution license
which is in existence at the time of the adoption of this chapter.
[1961 Code § 28.08; 1972 Code § 114.035]
Any license issued under this chapter may be
suspended or revoked by the Mayor and Borough Council for the violation
of any of the provisions of this chapter or the violation of any provisions
of N.J.S.A. 33:1-1 to 33:1-96, and the rules and regulations of the
State Director of Alcoholic Beverage Control.
Proceedings for the suspension or revocation
of a license shall be in accordance with the provisions of the statutes
cited by service of a five day notice of charges preferred against
the licensee. The licensee shall be afforded a reasonable opportunity
for a hearing.
Suspension or revocation shall carry the penalties
and prohibitions provided for in the statutes cited and shall be in
addition to any of the penalties imposed for the violation of this
chapter.
[Ord. No.
1268 § 5]
No licensee shall sell, serve, deliver or allow,
permit or suffer the service or delivery of any alcoholic beverage,
directly or indirectly, to any person under the legal age.
[Ord. No.
1268 § 5]
It shall be unlawful for a person under the
legal age to enter any premises licensed for the retail sale of alcoholic
beverages for the purpose of purchasing, or having served or delivered
to him or her, any alcoholic beverage.
[Ord. No.
1268 § 5]
It shall be unlawful for a person under the
legal age to consume any alcoholic beverage on premises licensed for
the retail sale of alcoholic beverages, or to purchase, attempt to
purchase or have another purchase for him or her any alcoholic beverage.
[Ord. No.
1268 § 5]
It shall be unlawful for a person to misrepresent
or misstate his or her age or the age of any other person for the
purpose of inducing any retail license to sell, serve or deliver any
alcoholic beverage to a person under the legal age.
Any person who shall violate any of the provisions
of this section shall be deemed and adjudged to be a disorderly person,
and upon conviction thereof and in accordance with N.J.S.A. 33:1-81,
shall be punished by a fine of not less than $500. In addition, the
Court shall suspend the person's license to operate a motor vehicle
for six months or prohibit the person from obtaining a license to
operate a motor vehicle in this state for six months beginning on
the date he becomes eligible to obtain a license or on the date of
conviction, whichever is later. In addition to the general penalty
prescribed for an offense, the court may require any person under
the legal age to purchase alcoholic beverages who violates this act
to participate in an alcohol education or treatment program authorized
by the Department of Health for a period not to exceed the maximum
period of confinement prescribed by law for the offense for which
the individual has been convicted. (N.J.S.A. 33:1-8)
