[Adopted 4-5-2010 by Ord. No. 2010-6[2]]
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Terms of licenses. Licenses shall be effective for one year from
July 1 to June 30 of the following year, inclusive.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this article.
