[Adopted 8-20-2008 by Ord. No. 12/08; amended in its entirety 4-17-2013 by Ord. No. 6/13]
WHEREAS, other municipalities have permitted local restaurants
and establishments to allow their patrons to bring their own alcoholic
beverages on their premises, commonly known as "BYOB"; and
WHEREAS, the Town of West New York wants its restaurants to
remain competitive with the restaurants in other municipalities; and
WHEREAS, the Town of West New York will be able to monitor the
dispensation of alcohol more effectively with a BYOB licensing structure:
A.
It shall be unlawful for any person owning, operating, or working in a location open to the public to sell alcohol, beer, wine or other intoxicating spirits without a plenary license as set forth in Chapter 114, which license is properly sited in accordance with all local, state, and federal laws to sell such alcohol, beer, spirits or wine to any individual of the public.
B.
It shall be unlawful for any person owning, operating, or working
in a location open to the public to allow for the consumption of alcohol,
beer, wine or other intoxicating liquors at a location open to the
public without proper permits as provided for herein.
C.
An establishment that is open to the public may allow customers of
that public establishment to bring their own wine or malt alcoholic
beverage (commonly known as "beer"), provided that they meet the criteria
set forth herein and apply for proper registration and permits as
provided for herein.
D.
An establishment that meets and obtains all proper permits and registers
shall be known as a "Bring Your Own Beer" ("BYOB") establishment.
E.
Any establishment that obtains all proper permits and registers as
a BYOB establishment shall not sell alcohol, beer, wine or other intoxicating
spirits but may allow the patrons to bring their own malt alcoholic
beverage (beer) and wine to the location open to the public for consumption
by the patron.
F.
Any person or establishment violating this article shall be subject
to any and all fines and penalties set forth under any law of the
State of New Jersey and the Town of West New York. In addition to
any fine or penalty set forth by the State of New Jersey and the Town
of West New York, the Town of West New York may impose a fine of up
to $500 per violation and revocation of the license to operate a BYOB
establishment. Each bottle found at the public location shall be considered
a separate and distinct violation.
The following establishments may offer BYOB and are defined
as follows:
An establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of food for its
customers and in which no other business, except such as is incidental
to such establishment, is conducted. In order to qualify as a restaurant,
a location shall meet the following conditions:
A.
A restaurant location must be licensed by the Health Department for
the sale or service of food or liquid refreshments that are sold or
served to the general public, and for which a license or permit authorizing
the sale and/or consumption of alcoholic beverages has not been issued
(even if such license or permit is suspended or in the process of
being suspended);
B.
That regularly employs a waitstaff of at least one waiter;
C.
Whose waitstaff service is not confined exclusively to a counter;
D.
Which maintains at least 10 dining tables and seating for a minimum
of 25 patrons; and
E.
Whose business is primarily engaged in the sale or service of food
or liquid refreshments to the general public.
A.
Any establishment seeking to be allowed to have its patrons bring
their own malt alcoholic beverages or wine must apply to the Town
on forms supplied by the Town for permission to allow that service
to be offered to their customers.
B.
Forms of the application should provide such information as the Town
determines and, at a minimum, shall provide for the name and address
of the entity seeking such permission and such other information as
determined by the governing body.
Under no circumstances may a permit allowing BYOB be transferred
in either the ownership and/or location without the approval of the
Mayor and Commissioners. Under all circumstances, the permit shall
cease and terminate under such transfer. Nothing herein prevents a
new or subsequent applicant from applying for a new BYOB permit for
such premises.
A.
The fee to apply for such a permit shall be a nonrefundable filing
fee of $250. After the application to allow the consumption of wine
or malt alcoholic beverages to the applicant is approved by a resolution
of the governing body, the applicant shall pay to the Town the sum
of $1,000 as a one-time permit fee.
B.
The applicant shall apply for a permit for each twelve-month period
of time and pay an annual renewal fee of $500. The term for which
the initial permit is issued shall commence upon the date of approval
by the Mayor and Commissioners and remain in effect until June 30
of the year following the approval of this article. Thereafter, all
annual renewal periods shall commence on July 1 and remain in effect
until the following June 30 of the following year.
Upon approval by the Mayor and Commissioners of a BYOB permit,
such permit must be posted on the inside of the perimeter walls of
the establishment so as to be readily visible to the general public.
Additionally, restaurants that are approved for BYOB must post on
their doors a decal that shall be prescribed and printed by the Town
of West New York Police Department.
A.
Any establishment which has been approved to allow the patrons to
bring their own wine or beer may supply glasses, ice, etc., but may
not impose a cover, corkage, or service charge of any kind and may
not advertise the fact that wine or malt alcoholic beverages may be
brought onto the premises.
B.
The owner or operator shall not permit the consumption of wine or
malt alcoholic beverages during the hours of 12:00 midnight to 12:00
noon.
C.
Persons under the age of 21 years or persons who are visibly or apparently
intoxicated are prohibited from consuming wine or malt alcoholic beverages
and are prohibited from bringing wine or malt alcoholic beverages
onto the premises.
D.
The owner or operator allowing patrons to bring their own wine or
malt alcoholic liquor shall not allow a patron to bring more than
the following amounts of alcohol to a premises for consumption:
E.
The owner must mandate that a patron who brings alcohol to a restaurant
under this article take the alcohol with him or her at the end of
their patronage. Under no circumstances may an owner allow alcohol
to remain on the premises which does not belong to a patron. For each
bottle of alcohol on the premises that does not belong to a patron,
the owner shall be liable for a fine of up to $500 for each bottle
found on the premises.
F.
Any restaurant that opts to be a BYOB under this article irrevocably
consents to allow the designated units authorized with enforcing compliance
with all plenary licensing laws and their designees to conduct random
inspections of BYOB restaurants to ensure compliance with this article.
G.
Notwithstanding anything contained herein, a violation of this article
may result in revocation of the permit to allow the consumption of
wine and malt alcoholic beverages.
