[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. 
Fees for licenses for the retail sale and distribution of alcoholic beverages in the Borough of Westwood shall be as follows:[1]
(1) 
Plenary retail consumption: $2,500.
(2) 
Plenary retail distribution: $2,500.
(3) 
Club license: $100.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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:
(a) 
The percentage of gross sales of food or other merchandise versus alcoholic beverages; and
(b) 
The percentage of the licensed premises which, by its physical arrangement, is devoted principally to the service of food or other merchandise versus alcoholic beverages.
(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 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person who shall violate any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Borough of Westwood
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).