[Adopted 4-5-2010 by Ord. No. 2010-6]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Pennington in accordance with the provisions of an act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
For the purpose of this article, 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.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 63-1, and all other applicable laws of the State of New Jersey or the United States.
Issuing authority. All licenses required by this article shall be issued by the Mayor and Borough Council, which shall also administer the provisions of this article.
License required. No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with applicable state statutes and regulations and the provisions of this article.
Types and number of authorized licenses. New Jersey statutory law and this article, as the same may be hereafter amended, shall control the issuance of licenses and the number of authorized licenses. Authorized licenses shall be limited to one plenary retail consumption license and one plenary retail distribution license.
Terms of licenses. Licenses shall be effective for one year from July 1 to June 30 of the following year, inclusive.
Hours of sale: weekdays. No licensee shall sell, serve or deliver or allow, or permit the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on a licensed premises between 2:00 a.m. and 9:00 a.m. Monday through Saturday.
Hours of sale: Sundays. No licensee shall sell, serve, deliver or allow, or permit the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on a licensed premises on a Sunday between the hours of 2:00 a.m. and 11:00 a.m.
Closing provisions. During the hours that the sale of alcoholic beverages is prohibited, the licensed premises shall be closed except that part of the premises used for a restaurant or grill, which must be entirely separated and locked from the barroom of the premises and must have a separate entrance and exit. No person shall be admitted or permitted to remain in the closed portion of the premises except the licensee or bona fide employees of the licensee.
Maintenance of premises. Licensed premises shall at all times be kept in a safe, clean and sanitary condition. All rooms, passageways, entrances, exits and stairways must be well lighted.
Rooms open to the public. No person shall be served in any room or place which is not open to the public generally, except private dining rooms. All places in which alcoholic beverages are sold or dispensed, excepting private dining rooms, shall at all hours be so arranged, and blinds open, so that a full view of the interior may be had from the public thoroughfare or from adjacent rooms to which the public is freely admitted. All such premises during business shall be lighted sufficiently so that a full view of the interior may be had by the public.
Any "officer," as defined in N.J.S.A. 33:1-1p, shall have full authority to inspect, investigate and supervise the licensed premises for the purpose of enforcing the provisions of these regulations, the Alcoholic Beverage Control Act or any rules or regulations promulgated thereunder.
Any person who shall knowingly aid or abet another in the violation of any provision of these regulations shall be punishable in the same manner as the violation aided or abetted. Any attempt to evade these regulations or any provisions thereof, either directly or indirectly, by acquiescence, collusion or connivance by or with any licensee, his agents, servants or employees, shall be considered a violation of these regulations.
Whenever there shall be a conviction for violation of any provision of this article, the judge shall forthwith certify such conviction to the Borough Council. If the conviction is of a person other than a licensee, the judge shall indicate the name of the licensee upon whose premises the violation occurred.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of N.J.S.A 33:1-1 et. seq. or any other applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.