[Adopted 10-4-1948 (Ch. 4, Art. I, of the 1966 Code)]
[Amended 4-22-1969 by Ord. No. 69-4; 9-12-1972; 12-28-1982; 4-10-2001; 4-23-2013 by Ord. No. 2013-04]
No seasonal retail consumption license or limited retail distribution
license shall be granted in the Borough.
[Amended 4-24-1979 by Ord. No. 79-3]
A.
Statement of purposes. It is the intention of this section to limit
the number of alcoholic beverage licenses in the Borough as well as
to ensure that so-called "C" and "D" licensees will hereafter be located
at least 500 feet from each other, except where a licensee is forced
to vacate his premises due to an unforeseen act of God, in which case
he may apply to the Mayor and Council for a waiver from the five-hundred-foot
restriction. Under no circumstances, however, will he be permitted
to relocate closer than 250 feet to another licensee.
B.
No more than 17 plenary retail consumption licenses nor more than
four plenary retail distribution licenses nor more than four club
licenses shall be in existence at any one time in the Borough.
C.
No plenary retail consumption license or plenary retail distribution
license shall be issued, nor shall any place-to-place transfer of
any existing license be granted, for the sale or service of alcoholic
beverages upon premises which are within 500 feet of any existing
premises licensed to sell or serve alcoholic beverages under another
plenary retail consumption or plenary retail distribution license.
This 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 properly
walk, as provided by N.J.S.A. 33:1-76.
D.
Exceptions. § 80-3B shall not apply in the following cases:
(1)
The renewal or person-to-person transfer of any plenary retail consumption
license or plenary retail distribution license which is in existence
on the effective date hereof.
(2)
The transfer of a license to another place within 500 feet but not less than 250 feet of any other existing premises licensed to sell or serve alcoholic beverages under a plenary retail consumption or plenary retail distribution license, measured in the manner provided in § 80-3B, where the licensee has been forced to vacate the licensed premises due to an act of God which could not have been foreseen when the license was granted. Place-to-place transfers under the provisions of this subsection are not a matter of right but shall be granted only in the discretion of the Mayor and Council, upon application by the licensee.
[Amended 9-21-1959; 4-9-1968; 12-28-1976]
No plenary retail distribution license shall be issued in the
Borough to permit the sale of alcoholic beverages in or upon any premises
in which any other mercantile business is carried on; however, this
provision shall not exclude the sale on the licensed premises of bottled
carbonated beverages, cheese, potato chips, olives, cheese twists,
pretzels, nuts, cocktail cherries, cocktail onions, bitters, grenadine,
lemon juice, nonalcoholic cocktail mixers, ice cubes, cigarettes,
cigars, glassware, bar accessories and gift packages consisting of
alcoholic beverages and glassware, ice buckets and the like.
[Amended 9-12-1972]
No more than two alcoholic beverage licenses shall be issued
in the Borough to any one person, partnership, association or corporation.
[Amended 4-22-1969 by Ord. No. 69-4; 10-13-1970; 9-12-1972; 4-10-1973; 5-26-1981 by Ord. No. 81-7; 1-22-1985]
A.
No plenary retail consumption or club licensee shall sell, serve
or deliver or allow, suffer or permit the sale, service or delivery
of any alcoholic beverages on the licensed premises between the hours
of 2:00 a.m. and 7:00 a.m. on Monday through Saturday, inclusive,
and between the hours of 2:00 a.m. and 12:00 noon on Sunday, except
that on New Year's Day, the above-specified curfew hour of 2:00
a.m. shall be extended to 3:00 a.m.
B.
No plenary retail consumption or club licensee shall allow, suffer
or permit the consumption of any alcoholic beverage on the licensed
premises between the hours of 2:30 a.m. and 7:00 a.m. on Monday through
Saturday, inclusive, and between the hours of 2:30 a.m. and 12:00
noon on Sunday, except that on New Year's Day, the above-specified
curfew hour of 2:30 a.m. shall be extended to 3:30 a.m.
C.
The entire licensed premises of plenary retail consumption licensees
and club licensees shall be closed between the hours of 2:30 a.m.
and 7:00 a.m. on Monday through Saturday, inclusive, and between the
hours of 2:30 a.m. and 12:00 noon on Sunday, except that on New Year's
Day, the above-specified curfew hour of 2:30 a.m. shall be extended
to 3:30 a.m.; provided, however, that this closing provision shall
not apply to club licensees and to restaurants, as defined by law,
with a seating capacity of 100 persons or more.
[Amended 7-26-2011 by Ord. No. 11-08]
D.
Sunday sales. No plenary retail distribution licensee shall open
for business on Sunday before 11:00 a.m., and the sale of distilled
spirits for off-premises consumption shall be permitted only between
the hours of 11:00 a.m. and 10:00 p.m.
[Amended 7-26-2011 by Ord. No. 11-08]
