[Adopted 1-7-1997 as Ch. X of the 1996 Revised General Ordinances, as amended through Ord. No. 2002-3]
This article is enacted to regulate the sale and transportation
of alcoholic beverages in the City of Union City 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 Division 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 Division of Alcoholic Beverage Control.
Any person in the service of a liquor licensee who has contact
with the service of alcoholic beverages, including bartenders, waiters
and waitresses, and other people who have direct contact with alcoholic
beverages. An employee shall also include any go-go dancers and disc
jockeys, whether they are employed for one night or on a weekly or
monthly basis by the licensed establishment. All other persons employed
for entertainment purposes or who do not have contact with alcoholic
beverages shall be considered subcontractors for the purposes of this
article.
[Amended 5-21-2013]
A person under the legal age for consumption of alcoholic
beverages.
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 § 58-6, 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 Board of Commissioners, which shall also administer
the provisions of this article.
C.
License required. No person shall sell or distribute alcoholic beverages within the City without having obtained a license in accordance with the Act referred to in § 58-6 and the provisions of this article.
E.
License application procedure and identification card.
(1)
Application procedure.
(a)
No license shall be issued or transferred except after written
application has been presented by the proposed licensee on forms furnished
by the City and after publication of notice, and provided further
that before the application is presented to the Board of Commissioners,
every licensee, agent, go-go dancer or other employee shall make full
and complete answers, in writing, on forms furnished by the Department
of Public Safety to all questions printed thereon as to the identity,
character, antecedents and general experience of any such licensee,
agent, go-go dancer or other employee, and provided further that before
the application is presented to the Board of Commissioners, the licensee,
agent, go-go dancer and other employee connected with or employed
by or to be connected with or employed by the licensee shall submit
to the taking by the Department of Public Safety an impression of
the thumb and fingerprints of both hands. At the time of taking the
fingerprints the licensee, agent, go-go dancer and other employee
connected with or employed by the licensee or to be connected with
or employed by the licensee shall be photographed by the Department
of Public Safety, and if the license is granted or transferred, the
Department of Public Safety shall then furnish the licensee, agent,
go-go dancer and other employee connected with or employed by the
licensee an identification card showing compliance with the provisions
of this section.
(b)
The licensee shall provide all individuals connected to, or
employed by, the licensee with clips or anchorage devices with which
to append the identification card to his/her clothing. No employee
shall be permitted to work within the licensed premises unless the
employee is wearing his/her identification card clearly visible and
readily identifiable at all times. Employee identification cards shall
be work as of July 1, 2002, and thereafter in compliance with the
provisions of this subsection.
(2)
Expiration.
(a)
The identification shall expire on June 30 of each year at which time new photographs shall be taken and a fee as set forth in Chapter 155, Fees, shall be charged for the renewal of identification by the Department of Public Safety and new fingerprints, if requested by the Department of Public Safety. No licensee shall engage any agent, go-go dancer or employee connected with the business of the licensee unless the agent, go-go dancer and employee has conformed to the rules and regulations above, and if any new agents, go-go dancers or employees are hired by the licensee, such new agents, go-go dancers or employees shall comply with such regulations before (s)he shall be permitted to work in the licensed premises.
(b)
Where there is a corporate applicant for the license, all officers
and directors of the corporation must comply with the regulations
of this section and should there be a replacement or election of new
officers and directors during the license term, such replaced or newly
elected officers and directors must comply with the regulations of
this section.
F.
Retiring of plenary retail consumption licenses. A holder of a plenary
retail consumption license desiring to retire such license in accordance
with the provisions of this subsection shall submit an application
for that purpose to be brought before the Board of Commissioners,
which application will be processed on a first-come-first-served basis.
(1)
Fair value. Fair market value or $30,000 per license is the present
fair value for payment to the licensee for the retirement of a license.
[Amended 5-21-2013]
(2)
Method to obtain funding. The City, in order to obtain funding for retiring a license by payment of fair value, commencing on the renewal date for license fees, shall collect an annual additional fee as set forth in Chapter 155, Fees, from each holder of a plenary retail consumption license, which sum is separate and apart from the regular license renewal fee.
(3)
Escrow account. Such annual additional fees per license shall be
held by the City in an escrow interest-bearing account until such
time as the City may retire a plenary retail consumption license on
request of the licensee by payment to the licensee of the fair value.
(4)
Requirements for payment. No payment shall be made to any applicant
until the applicant shall first:
(a)
Surrender his/her license before the Board of Commissioners.
(b)
Execute an agreement with the City containing the following
terms, which agreement the Mayor is hereby authorized to execute:
[1]
That the applicant shall voluntarily surrender the license to
the Board of Commissioners and agree that such license shall be retired
permanently.
[2]
That the license never again be reissued to anyone.
[3]
That the applicant shall receive the sum of money determined
as aforesaid, in consideration of and in payment for the retirement
of his/her license.
[4]
That such aforesaid sum shall be reduced by the sum of existing
violations with specific penalties in consideration of and in payment
for the purchase and retirement of his/her license.
[5]
No application shall be accepted unless all state, federal and
local fees are paid in full, including the annual additional fee imposed
by this subsection.
G.
Exception to retiring of plenary retail consumption licenses. This
subsection shall not apply to club licenses and warm beer licenses.
A.
Hours of sale.
[Amended 10-2-2007; 9-16-2008]
(1)
No alcoholic beverages shall be sold, delivered to any consumer or
served to or consumed in any licensed premises between the hours of
2:00 a.m. and 7:00 a.m. on any day, and no licensee shall permit patrons
to enter the premises after 2:00 a.m. in the morning or permit patrons
to remain on the premises after 2:00 a.m. in the morning, except that
the following establishments may remain open during the aforesaid
prohibited hours for the purpose of carrying on their usual activities,
provided that no sale or service to any customer or consumption of
alcohol by anyone shall be permitted within the establishment between
the hours of 2:00 a.m. and 7:00 a.m.:
(a)
Any licensee that is a restaurant as defined by N.J.S.A. 33:1-1(t)
that also has an alcoholic beverage license and a restaurant license
issued by the City for the same premises; and
(b)
Any hotel that has been licensed by the City and holds an alcoholic
beverage license for the same premises; and
(c)
Any licensee having a social club liquor license issued by the
City for the same premises.
(2)
All unfinished alcoholic beverages shall be cleared from the customer
service areas by 2:00 a.m. The last call for the sale or service of
alcoholic beverages is 1:30 a.m.
B.
Sundays.
(1)
Provisions of Subsection A shall not apply on Sundays. On Sunday, no alcoholic beverage may be sold, served, delivered to a consumer or consumed in the licensed premises between the hours of 2:00 a.m. and 12:00 noon. No licensee shall permit patrons to enter into a premises after 2:00 a.m. in the morning on Sunday. However, if Christmas Eve, Christmas Day, New Year's Eve and New Year's Day fall on a Sunday, liquor license holders shall be permitted to open at 9:00 a.m.
[Amended 11-5-2008]
(2)
The Board of Commissioners may by resolution alter the time that
alcoholic beverages may be sold, served or delivered to a consumer
or consumed in a licensed premises to address the consumption and
sale of alcoholic beverages when Christmas Eve and New Year's Eve
are on a Sunday.
[Added 12-5-2006]
C.
Sales to certain persons. No licensee or employee of a licensee shall
sell, serve or deliver, directly or indirectly, any alcoholic beverages
to any habitual drunkard, intoxicated person or minor, nor permit
the consumption of alcoholic beverages on any licensed premises by
any of the above-named classes or persons, or permit any such persons
to congregate in or about the licensed premises.
D.
Sale of beverages and use of premises restricted by license.
(1)
A plenary retail distribution license shall not the sale of alcoholic
beverages in or upon any premises in which a grocery, delicatessen,
drugstore or other mercantile business is carried on.
(2)
No person holding a plenary distribution license shall carry on any
business other than the sale of alcoholic or malt beverages in or
upon any part of the premises for which the license has been issued.
E.
Use of music devices and microphones. Jukeboxes, phonographs, tape-playing
devices, coin-operated musical devices, wired music and music from
radios shall not be permitted to be played or operated in any licensed
premises later than 1/2 hour before the closing of the establishment.
At all times during the operation of same during the prescribed hours
they shall not be played too loudly so as to create a nuisance in
the neighborhood of the licensed premises.
F.
Unobstructed view of premises required during prohibited hours. All
licensees selling alcoholic beverages by virtue of a plenary retail
consumption license, except hotels and club licensees, shall be required
to draw aside the curtains or screens obscuring the view from the
street to the interior of the licensed premises at 2:00 a.m., the
designated closing hour, and keep them open at least until 12:00 noon
on Sunday and 7:00 a.m. on weekdays and on Saturday, so that a free
and unobstructed view may be afforded the public from the street to
the interior of the premises during the above prohibited hours.
G.
Nonprofit corporations. It shall be lawful for the Board of Commissioners
of the City, upon approval of the Director of the Division of Alcoholic
Beverage Control, to issue a plenary retail consumption license to
a nonprofit corporation which conducts musical or theatrical performances
or concerts on premises with a seating capacity of 1,000 persons or
more, and to authorize the sale of alcoholic beverages for consumption
on the licensed premises only during performances and the hour immediately
preceding and the hour immediately following performances.
H.
Plenary retail consumption licensee training and certification.
[Added 10-18-2011]
(1)
All holders of a plenary retail consumption license ("consumption
license") issued under the provisions of N.J.S.A. 33:1-12 shall successfully
complete the educational training course described below, at such
times, under such conditions and with identified consequences for
noncompliance, as are set forth in this subsection.
(2)
All holders of a consumption license at the time this subsection
becomes effective (the "effective date") shall successfully complete
the training course within six months of the effective date. Successful
completion means attendance during the entire training course and
receipt of a certification from the training course provider that
the person attending the course has completed it.
(3)
Whenever a plenary retail consumption license is acquired as a new license or through a person-to-person transfer of the license, or is held by a corporation or limited liability company that has changed 33 1/3% or more of its shareholders or members, then the individual persons described in Subsection H(4) of this subsection shall be required to attend and successfully complete an educational training program within six months of acquiring the new license or receiving approval of the transfer of an existing license or acquiring 33 1/3% or more interest in such consumption license. The requirement to complete the educational training program shall be a condition on a new or transferred liquor license. Failure to comply with the condition can subject the license holder to a disciplinary proceeding.
(4)
The following individuals shall be required to attend the educational training course designated in Subsection H(5), on behalf of the consumption license holder:
(a)
For licenses held by an individual as a sole proprietor, the
required attendee shall be the individual owner. For licenses held
by a partnership, the required attendee shall be the partner or partners
actively engaged in the operation or control of the business.
(b)
For licenses held by a corporation or limited liability company,
the required attendee shall be all owners of 25% or more of the stock
or all members of the LLC having at least a twenty-five-percent interest.
(d)
Every license must have at least one owner and every manager
attend and successfully complete the training course.
(5)
Training required by this subsection shall be either the educational
training course offered by the New Jersey Restaurant Association called
"ServSafe Alcohol Training" or the New Jersey Licensed Beverage Association
course called "Techniques of Alcohol Management" (TAMS). Any other
course which the City seeks to use for this training must be approved
by the State Alcoholic Beverage Control.
[Amended 1-3-2012]
(6)
All plenary retail consumption licensees shall provide proof of compliance
with this subsection upon application for the renewal of their licenses.
I.
The City Clerk, at the City's expense, will provide notice of
an application for a place-to-place or person-to-person transfer of
an alcoholic beverages license to all real property within 500 feet
in all directions of the proposed license location. The City's
failure to give notice pursuant to this section shall not invalidate
the application or proceedings held or to be held.
[Added 10-18-2011]
A.
Presence. No minor shall be allowed in any premises where alcoholic
beverages are sold or served for consumption on the premises unless
accompanied by his/her parent or guardian.
B.
Purchase of alcoholic beverages by a minor. No minor shall purchase,
attempt to purchase, or have another purchase for him/her any alcoholic
beverage on any premises licensed for the sale of alcoholic beverages.
C.
Purchase of alcoholic beverages for a minor. No person shall purchase
or attempt to purchase alcoholic beverages for a minor. It shall be
unlawful for any person to induce or attempt to induce any licensee
or any employee of a licensee to sell, serve or deliver alcoholic
beverages to a minor.
D.
Misstating age. No person shall misrepresent his/her age or the age of another person for the purpose of inducing any licensee or his/her employee to sell, serve or deliver any alcoholic beverage to a person who is a minor or to permit a person who is a minor to remain on any premises in violation of Subsection A.
E.
Presumption. Any parent or guardian of a minor who accompanies such
minor into a premises in which alcoholic beverages are served and
who permits the minor to possess or consume alcoholic beverages shall
be presumed to have misrepresented the age of the minor.
F.
Possession. No minor shall possess, serve, sell or consume any alcoholic
beverages in any public place within the City.
G.
Entertainers. The use of entertainers under the age of 18 years is
strictly prohibited in the room of the licensed premises where the
bar in which patrons are served in person, is located.
H.
Teen night.
(1)
TEEN NIGHT
TEEN NIGHT PARTICIPANTS
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
A scheduled dance or event held on the premises of a licensed
plenary retail alcoholic beverage establishment and restricted to
those patrons under the legal drinking age established by the laws
of the State of New Jersey.
Those individuals who are under the legal drinking age as
established in the State of New Jersey who attend teen night as defined
above. This shall not apply, however, to individuals employed by the
licensed plenary retail alcoholic beverage establishment.
(2)
Prohibited. Teen nights, as defined in Subsection H(1) above, are hereby prohibited within the City by the Board of Commissioners, and that teen night participants who would attend are hereby prohibited from participating in teen night events at licensed plenary retail alcoholic beverage establishments.
(3)
Exception. This teen night prohibition shall not apply to individuals
employed by the licensed plenary retail alcoholic beverage establishment.
A.
Findings. The Board of Commissioners finds that this section is necessary:
(1)
To more clearly define prohibited activities.
(2)
To protect property values.
(3)
To prevent blight and the deterioration of the City's neighborhoods.
(4)
To promote a climate conducive to a return of residences and business
to the City's neighborhoods.
(5)
To enhance the quality of life within the City.
(6)
To preserve and stabilize the City's neighborhoods.
(7)
To decrease the incidence of crime, disorderly conduct and juvenile
delinquency.
B.
NUDE OR NEARLY NUDE ACTIVITY
(1)
(2)
(3)
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any person performing, showing, exhibiting, acting or representing
in such a manner or attire as to expose to view any portion of the
pubic area, anus, vulva or genitals, or any simulation thereof.
Any female showing, performing, exhibiting, acting or representing
in such a manner or attire as to expose to view that portion of the
breast referred to as the areola or nipple, or simulation thereof.
Any person performing, showing, exhibiting, acting or representing
any dance, episode or musical entertainment in a lewd or indecent
manner so that the average person, applying contemporary community
standards, would find that the work, taken as a whole, appeals to
the prurient interest, or for any performer to perform, show, exhibit,
act or represent any dance, episode or musical entertainment the purpose
or effect of which is to direct the attention of the spectator to
the breast, buttocks or genital organs of the performer, whether clothed
or unclothed.
C.
Nude activities prohibited. It shall be unlawful for any person to
conduct or perform, or allow to be conducted or performed, any nude
or nearly nude activity on or within any premises for which a retail
alcoholic consumption license has been issued.
D.
Violations and penalties.
(2)
In addition, in the event that a violation of this section occurs, the City liquor administrator shall forthwith conduct a hearing pursuant to N.J.S.A. 33:1-31, as set forth in § 58-13 of this article, to determine whether the liquor license for the business establishment at which the activity prohibited by this section occurred shall be suspended or revoked.
[Amended 4-20-2010; 10-18-2011]
E.
Exclusion of existing go-go bars.
(1)
Any go-go bar which operates as a retail liquor establishment as
licensed by the City on or before May 19, 1988, is excluded from this
limitation. The exclusion right of existing go-go bars is nontransferable
and terminates upon any person-to-person transfer and/or place-to-place
transfer of the plenary retail consumption license.
(2)
The Commissioner of Public Safety is hereby authorized and directed
to compile a list of all existing bars utilizing the services of go-go
dancers as of May 19, 1988, and this list shall be attached hereto
and made a part hereof.
F.
Revocation of existing go-go dancing privileges.
(1)
Upon any violation of any provisions of this article, or any provisions of any applicable statute, or any of the rules or regulations of the State Director of Alcoholic Beverage Control, the privilege of operating a go-go bar under a liquor license issued by the City, as stipulated in § 58-11E, shall be revoked.
A.
Prohibitions. No plenary retail consumption licensee shall:
(1)
Provide live entertainment activities where the performer or performers
are attired in no more than bikini briefs or where female performers
attired in no more than bikini briefs and the breasts covered in such
a manner that they remain substantially exposed to view.
(2)
Provide live entertainment activities where the performer or performers
receive tips or gratuities from the customers by means of the customers
placing such tip or gratuity within or under, or partially within
or under, the performer's costume.
(3)
Provide any entertainment where the sounds of or vibrations from
may be heard or felt outside of the building in which it is located
or, if such building also serves other uses, be heard or felt by the
occupier of such other portion of the building.
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 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.
[Added 9-16-2008]
A.
Any license issued under this article may, at time of renewal or
transfer, have its hours of operation and sale limited or other special
conditions attached to the license that the Board of Commissioners
determines to be necessary and proper to accomplish the objects of
the Alcoholic Beverage Control (ABC) Law and this City's ABC
Ordinances and secure compliance therewith, when violations by the
licensee and other circumstances establish the need to do so.
(1)
Proceedings for limitation of hours of sale and other special conditions
as authorized under N.J.S.A. 33:1-32, are in accordance with the provisions
of N.J.S.A. 33:1-31 by service of a five-day notice of charges proffered
against the licensee and affording a reasonable opportunity for hearing.
(2)
Limitation of hours of sale or other special conditions are in addition
to any other penalty which may be imposed for a violation of this
article.
B.
The limitation of hours of sale and special conditions imposed on
liquor licenses in the City will relate directly to specific complaints
concerning the operation of the particular liquor license, for example,
noise, loitering, security, and litter problems, etc.
C.
Limitation of hours of sale can result in the Board of Commissioners
ordering a particular liquor licensee to close earlier than other
liquor licensees in the City, if that remedy is appropriate after
a due process hearing in order to answer the specific complaints concerning
the operation of that particular establishment. For example, the Board
of Commissioners after a due process hearing can impose a more restrictive
closing time than is otherwise set forth in this article.
D.
Other special conditions are as follows:
(1)
Disco or other music employing amplified instruments can be prohibited.
(2)
Live entertainment can be limited to individuals or groups who can
be restricted to accompaniment upon nonamplified instruments or the
jukebox.
(3)
The jukebox employed is the type which has its volume pre-set and
cannot be increased by anyone in the licensed premises. It is pre-set
at the sound which shall not escape the premises as such a volume
that the health and sleep of neighboring residents is affected, or
to an extent that it would violate the noise control or pollution
ordinance in effect in the City.
(4)
Live entertainment can be prohibited.
(5)
At all times, live entertainment is employed, licensee provides a
uniformed, professional security guard or guards outside its premises
in an endeavor to prevent loiterers from gathering, alcoholic beverage
consumption on the sidewalks and streets, the smashing of empty beer
bottles, glasses and other glass products, and patrons from conducting
themselves in loud or boisterous manner.
(6)
Except for ingress and egress, the doors are closed at all times,
irrespective of weather or season.
(7)
The licensee shall have its employees patrol an area within 150 feet
of its building to retrieve all glasses, bottles, or other bar-related
litter, at least once a day, at closing, or more often, if necessary.
(8)
Plenary retail consumption licensees, club licensees and any other
licensee permitted to serve alcoholic beverages by the glass for consumption
on the licensed premises shall post at least one sign within the licensed
premises stating in prominent type that patrons are required to use
the restrooms provided within the licensed premises and setting forth
that urination in public is prohibited, and the penalties for violation
of the article. If the principal language of 10% or more of the patrons
of the licensed premises is other than English, the guide is posted
in English and in such other language.
(9)
The Board of Commissioners may impose any other condition on the
licensee that are related to specific concerns presented by the licensee's
conduct.
(10)
Educational requirements.
(a)
Every owner of 25% or more of the stock and the holder of a
twenty-five-percent or more interest in any alcoholic beverage plenary
retail consumption license or plenary retail distribution license
in the City shall, as a condition of transfer to such person or to
a corporation, partnership or other business entity in which such
a person has a twenty-five-percent or more interest, attend and complete
a Techniques of Alcoholic Management (TAM) course, Training for Intervention
Procedures (TIP) course conducted by New Jersey TAM, Inc., or its
approved equivalent.
(b)
In addition to the persons listed in the preceding subsection,
every managing employee of any such licensee shall attend and complete
the course or its approved equivalent prior to commencing employment
or duty as such managing employee. "Managing employee," as used herein,
means any person in charge of the licensed premises in the absence
of the owner, partner or principal corporate officer and who has responsibility
for the handling of business receipts and the supervision of other
employees.
(c)
The holders of a twenty-five-percent interest in all existing
plenary retail consumption and plenary retail distribution licenses
and all managing employees of such licensees shall attend and complete
the TAM, the TIP course or their approved equivalent as a condition
of renewal each year.
[Added 9-16-2008]
A.
No person shall be employed by any licensee to perform any security services at the licensed premises unless such person has registered with the City Clerk as required by Subsection B of this section. "Security services" as used herein means, but in no manner is limited to:
(1)
Any
employee of a uniformed security service employed at the licensed
premises, whether or not required to be hired by resolution of the
Board of Commissioners, order of the Director of Alcoholic Beverage
Control, or a court of competent jurisdiction; and
(2)
Any
person employed by the licensee to perform services involving checking
the ages of prospective patrons, the maintaining of order or acting
as what is commonly called a "bouncer."
B.
Every person who contracts to perform or is employed to perform security
services shall, prior to commencing such services, register with the
City Clerk. Registration consists of:
C.
Any violation of this section subjects the violator to a penalty
of $100. A third violation of this section also subjects the violator
to forfeiture of the right to register.
