[Adopted 5-13-1970 as Ch. VIII of the 1970 Revised General Ordinances (Ch.
129, Art. I, of the 1992 Code)]
This article is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Wallington in accordance
with 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.
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 § 157-1 and all other applicable laws of the State of New Jersey or of the United States.
All licenses required by this article shall be issued by the
governing body, which shall also administer the provisions of this
article.
No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in § 157-1 and the provisions of this article.
[Added 4-2-1973; amended 3-25-1982 by Ord. No. 82-2; 7-27-1995 by Ord. No. 95-12]
Notwithstanding any provision of this article, the governing
body of the Borough of Wallington may issue or transfer a license
for the sale of alcoholic beverages of any category, as the same are
set forth and defined in N.J.S.A. 33:1-1 et seq., within a one-thousand-two-hundred-fifty-foot
radius of any premises for which a license for the sale of alcoholic
beverages of any category is outstanding, if extraordinary and exceptional
circumstances necessitate an exception to the one-thousand-two-hundred-fifty-foot
radius limitation, provided that the proposed location is more than
400 feet from an existing licensed location. Exceptions to the one-thousand-two-hundred-fifty-foot
limitation will only be granted upon approval of four members of the
governing body of the Borough of Wallington.
[Amended 12-18-1975 by Ord. No. 75-18; 8-18-1988 by Ord. No. 88-4; 2-24-1994 by Ord. No. 94-6; 5-23-1996 by Ord. No. 96-7; 7-24-1997 by Ord. No. 97-14; 4-27-2000 by Ord. No. 2000-04; 3-22-2001 by Ord. No. 2001-06; 3-21-2002 by Ord. No. 2002-02; 3-25-2004 by Ord. No. 2004-02]
A.
Plenary retail consumption license. The annual fee for a plenary
retail consumption license shall be $780.
B.
Plenary retail distribution license. The annual fee for a plenary
retail distribution license shall be $740.
C.
Limited retail distribution license. The annual fee for a limited
retail distribution license shall be $140.
D.
Club license. The annual fee for a club license shall be $150.
E.
Seasonal retail consumption license. The annual fee for a seasonal
retail consumption license shall be $540.
There shall be no more than two plenary retail distribution
licenses in effect in the Borough at the same time. There shall be
no more than five limited retail distribution licenses and no more
than five seasonal retail consumption licenses issued, granted or
outstanding at the same time during any one year. These limitations
shall not prevent the issuance of renewals of plenary retail consumption
licenses, plenary retail distribution licenses or limited retail distribution
licenses to persons holding such licenses at the time this regulation
is adopted, and these limitations shall not prevent the transfer of
licenses or renewal thereof according to law.
[Amended 12-22-1971; 8-15-1991 by Ord. No. 91-3]
Licensed premises may be open:
[Added 12-21-2017 by Ord. No. 2017-15]
Whenever Christmas Eve (December 24) and New Year's Eve (December
31) fall on a Sunday, alcoholic beverages may be sold or delivered
for consumption off the licensed premises on those days between the
hours of 9:00 a.m. and 2:00 a.m. of the following day.
Provisions of § 157-8 shall not apply on January 1. On that day, no alcoholic beverages may be sold, served, consumed in or delivered to the licensed premises between the hours of 5:00 a.m. and 7:00 a.m.[1]
[1]
Editor's Note: Original Sec. 8-4-3, Election day, was repealed
6-23-1971.
All premises on which alcoholic beverages are sold or distributed
shall be above ground level and shall be so arranged and lighted sufficiently
that a full view of the interior may be had at all hours from the
public thoroughfare or from adjacent rooms to which the public is
freely admitted.
[Added 12-22-1983 by Ord. No. 83-15]
During the hours when the sale or service of alcoholic beverages
is prohibited, the entire licensed premises shall be closed. This
section shall not apply to premises where a restaurant, hotel, motel,
bowling alley or similar business is conducted. The foregoing places
may remain open during the prohibited hours in order to carry on normal
business activities, except for the sale or service of alcoholic beverages.
If the premises remains open, however, the bar or any place upon the
licensed premises from which the sale or service of alcoholic beverages
is made shall be closed. "Closed" shall mean that no one other than
employees performing maintenance activities shall be permitted in
the premises during prohibited hours.[1]
A.
A license may be suspended or revoked for violation of any of the
provisions of this article, any provision of any 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.
