[Adopted 11-9-1943 by Ord. No. 366]
[Amended 4-28-1970 by Ord. No. 677; 12-18-1979 by Ord. No. 832; 8-25-1987 by Ord. No. 87-10; 4-26-2005 by Ord. No. 05-12]
A.
B.
All such fees will be an annual fee, payable upon renewal of the
license, and shall not be prorated for partial years. Except as specifically
provided for herein, all other sections of this article shall remain
in full force and effect.
[Amended 2-23-1982 by Ord. No. 82-1; 7-25-1983 by Ord. No. 83-9; 10-25-1983 by Ord. No. 83-15; 12-18-1984 by Ord. No. 84-20; 11-9-2004 by Ord. No.
04-20]
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverages or allow
the consumption of any alcoholic beverages on the licensed premises
on New Year's Day, when such day is a weekday, between the hours of
5:00 a.m. and 8:00 a.m.; on New Year's Day, when it is a Sunday, between
the hours of 5:00 a.m. and 11:00 a.m.; on other weekdays, inclusive
of Monday through Friday, between the hours of 2:00 a.m. and 8:00
a.m.; on Saturdays between the hours of 3:00 a.m. and 8:00 a.m.; and
on other Sundays between the hours of 3:00 a.m. and 11:00 a.m., except
as may be permitted herein.
A.
During the hours that sales are prohibited, in accordance with the provisions of § 87-2 hereof, the entire licensed premises shall be closed, and no person shall be permitted to remain thereon during such hours except the licensee, his bona fide employees and any officer of the law duly authorized to enforce municipal, state or federal regulations regarding the sale of alcoholic beverages or to make investigations pertaining thereto.
B.
The provisions of § 87-2 hereof shall not prevent the holder of any plenary retail distribution license whose principal business is other than the sale and service of alcoholic beverages from selling such other merchandise during the hours when sales are prohibited; provided, however, that nothing herein contained shall permit the sale, service or delivery of any alcoholic beverages by such licensee during the prohibited hours.
C.
Determination that principal business is other than sale, service
or delivery of alcoholic beverages.
[Added 8-26-1980 by Ord. No. 842]
(1)
Any licensee wishing to remain open during the hours when the sale
of alcoholic beverages is prohibited shall, at the time that his license
is renewed, make application to the Mayor and Council for a determination
that his principal business is other than the sale of alcoholic beverages,
said application to be made on forms supplied by the Borough Clerk.
In considering any licensee's request, the Council shall give due
regard to:
(2)
For the purposes of this article, the Council finds and determines
that if either the sale of alcoholic beverages or the utilization
of a portion of the licensee's premises for the dispensing of alcoholic
beverages exceeds 40%, the licensee's principal business shall be
rebuttably presumed to be the dispensing of alcoholic beverages.
(3)
Any establishment wishing to remain open for business pursuant to
the terms hereof must in fact be actively carrying on its principal
business whenever it shall be open during the time in which the sale
of alcoholic beverages is prohibited. In addition, the licensee shall
physically segregate the bar area and conceal the alcoholic beverages
therein displayed, insofar as practical given the physical circumstances
in the licensee's premises.
[Amended 3-28-1972 by Ord. No. 711]
A.
Not more than seven plenary retail consumption licenses, five plenary
retail distribution licenses or four club licenses shall be issued
and outstanding in the Borough of Westwood at the same time.
B.
Not more than one retail license shall be granted to any person,
corporation, partnership, limited partnership or association in the
Borough, and said license shall cover only the licensed premises.
All premises in which alcoholic beverages are sold, distributed
or dispensed shall be sufficiently lighted at all times and shall
be so arranged that a full view of the interior may be had from the
public thoroughfare or from the entrance through which the public
is admitted or from the ground outside of and immediately adjoining
said premises, to which free and open access may be had at any time
by any person desiring same. There shall be no obstruction to such
view higher than 4 1/2 feet above the sidewalk level, or the
level of the approach immediately adjacent to any entrance through
which the public is admitted, or the level of said ground outside
of and immediately adjoining said premises. The provisions of this
section shall not be applicable to the holders of club licenses.
No minor shall be allowed in any room in which any bar is located
unless accompanied by his parent or guardian.
No sale of any alcoholic beverages shall be made to any minor,
mental defective or habitual drunkard.
No person shall be served in any back room or side room which
is not open to the use of the public generally, except that, in hotels,
guests may be served in their rooms or in private or public dining
rooms; provided, however, that the prohibition contained in this section
shall not be applicable to the holders of club licenses.
It shall be unlawful to sell, serve or distribute alcoholic
beverages in the Borough of Westwood otherwise than is provided in
this article, the provisions of the statutes of the State of New Jersey,
N.J.S.A. 33:1-1 et seq., and the supplements and amendments thereto,
and the rules and regulations from time to time promulgated by the
Commissioner of Alcoholic Beverage Control of the State of New Jersey.
No person shall be employed in the sale or serving of alcoholic
beverages in any licensed premises until his name and address have
first been registered with the Police Department of the Borough of
Westwood.
