[Adopted by Ord. No. 8-1997 (Secs. 5.08.010 to 5.08.050, 5.08.060 and 5.08.070 of the
1996 Municipal Code)]
This article is enacted to regulate the sale and transportation
of alcoholic beverages in the City, in accordance with the provisions
of the Act of Legislature entitled "An Act Concerning Alcoholic Beverages,"
N.J.S.A. 33:1-1 et seq., as supplemented and amended, and in accordance
with the rules and regulations issued or to be promulgated by the
State Director of Alcoholic Beverage Control applicable thereto.
For the purpose of this article, relevant 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.
[Amended by Ord. No. 10-1998]
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be subject to the act, rules and regulations referred to in § 76-1 and shall be subject to any other statutes of New Jersey or of the United States.
B.
Issuing authority. The Council shall constitute the authority for
the administration of issuance of licenses under this article and
shall forthwith report the issuance of all such licenses to the State
Director of Alcoholic Beverage Control.
C.
License required. It is unlawful to sell or distribute or transport alcoholic beverages in the City without a license previously applied for and granted, pursuant to the provisions of the Act referred to in § 76-1 and the provisions of this article.
D.
License fees; maximum numbers.
(1)
License fees shall be as set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington. The maximum number of licenses for the sale or distribution of alcoholic beverages in the City shall be as follows:
|
Class of License
|
Number of Licenses
|
|---|---|
|
Plenary retail consumption license
|
15
|
|
Plenary retail distribution license
|
5
|
(2)
This shall not prevent the transfer of a license from person to person
or the renewal of a license so transferred or the renewal of a license
existing on November 4, 1941.
A.
Hours of sale.
(1)
(2)
(3)
New Year's Day. In addition to the hours of sale set forth above,
on New Year's Day, plenary retail consumption and club licensees shall
be permitted to sell or serve alcoholic beverages between the hours
of 2:00 a.m. and 4:00 a.m.
B.
Persons on premises during prohibited hours. During the hours when
the sale, service, delivery or consumption of alcoholic beverages
is prohibited, the licensed premises shall be closed to the general
public and the only persons permitted to remain on the premises shall
be the licensee and bona fide employees of the licensee. This subsection
shall not apply to bona fide hotels or restaurants in the operation
of their primary business, excluding the sale, service, delivery or
consumption of alcoholic beverages.
C.
Sales to certain persons prohibited. No licensee or employee of a
licensee shall sell, serve or deliver, directly or indirectly, any
alcoholic beverages to any habitual drunkard, intoxicated person or
minor, nor 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.
D.
One-thousand-foot rule; exceptions.
[Added 2-17-2009 by Ord. No. 08-2009]
(1)
To encourage a reasonable separation in distance, no plenary retail
distribution license may be transferred to any location within 1,000
feet of any other plenary retail distribution license or plenary retail
consumption licensee.
(3)
The 1,000 referred to in this subsection shall be measured in a direct
line from a point on the perimeter of the lot in which the licensed
premises is currently located which is nearest to the nearest point
on the perimeter of the lot in which the premises is sought to be
licensed. Any distance calculated under this subsection shall be calculated
using the City of Burlington's Official Tax Map. The licensee proposing
the transfer shall be responsible for having a licensed surveyor prepare
a map showing these facts. Such maps shall be filed with the City
of Burlington 14 days before the hearing on the transfer.
A.
Definition. For the purposes of this section, "minor" shall mean
any person under the legal age.
B.
Presence. No minor shall be allowed in any premises where alcoholic
beverages are sold or served for consumption on the premises, unless
accompanied by an adult.
C.
Purchase of alcoholic beverages by a minor. No minor shall purchase,
attempt to purchase or have another purchase for him/her any alcoholic
beverage on any premises licensed for the sale of alcoholic beverages.
D.
Purchase of alcoholic beverages for a minor. No person shall purchase
or attempt to purchase alcoholic beverages for a minor. It is unlawful
for any person to induce or attempt to induce any licensee or any
employee of a licensee to sell, serve or deliver alcoholic beverages
to a minor.
E.
Misstating age. No person shall misrepresent his/her age or the age of another person for the purpose of inducing any licensee or his/her employee to serve or to permit a person under the legal age to remain on any premises in violation of Subsection B of this section.
F.
Presumption. Any adult who accompanies a minor into premises in which
alcoholic beverages are served and who permits the minor to possess
or consume alcoholic beverages shall be presumed to have misrepresented
the age of the minor.
G.
Possession. No minor shall possess, serve, sell or consume any alcoholic
beverage in any public place within the City.
All holders of plenary retail consumption licenses issued by
the City shall cause at least one copy of this article to be exhibited
in a conspicuous place in the licensed premises.
Any license issued under this article may be suspended or revoked
for violation of any of the provisions of this article, any provisions
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
