This article is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Milford in accordance with
the provisions of an act of the Legislature of the State of New Jersey
titled "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.
[Amended 4-24-1989 by Ord. No. 521-89]
A. As used in this article and except as may be otherwise provided herein,
words and phrases shall have the meanings set forth in N.J.S.A. 33:1-1
et seq. and in the rules and regulations of the Director of the Division
of Alcoholic Beverage Control.
B. Except as may otherwise be provided herein, the following term shall
have the meaning indicated:
LICENSED PREMISES
Any facility licensed as herein provided for the plenary
retail consumption of alcoholic beverages.
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 the previous section 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 obtaining a license in accordance with the Act referred to in §
49-1 and the provisions of this article.
[Amended 4-1-1971 by Ord. No. 214; 5-2-1977 by Ord. No. 224-77; 5-1-1978 by Ord. No. 233-78; 6-2-1980 by Ord. No. 250-80; 12-1-1980 by Ord. No.
256-80; Ord. No.
284-83]
A. The annual license fees shall be as prescribed in Chapter
10, Fees, of this Code, and the maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
[Amended 10-5-2015 by Ord. No. 837-2015]
|
Class of License
|
Maximum Number of Licenses
|
---|
|
Plenary retail consumption
|
2
|
|
Plenary retail distribution
|
|
|
Club
|
2
|
B. The provision of this section concerning the limitation on the number
of licenses shall not apply to the renewal or transfer of licenses
presently issued.
[Amended 5-1-1978 by Ord. No. 234-78; Ord. No. 280-83; Ord. No. 291-84; 4-24-1989 by Ord. No.
521-89; 6-5-1989 by Ord. No. 522-89; 8-3-1992 by Ord. No.
562-92; 12-19-2011 by Ord. No. 789-2011; 9-8-2020 by Ord. No. 915-2020]
A. Licensed
premises:
(1) Except
as hereinafter set forth, no alcoholic beverages shall be sold, served,
consumed or delivered to any licensed premises on any day between
the hours of 2:00 a.m. and 7:00 a.m.
(2) Saturdays.
Notwithstanding anything herein to the contrary, a licensed premises
may permit the sale, service, consumption and delivery of alcoholic
beverages from 7:00 a.m. on Saturday until 2:00 a.m. the following
Sunday.
(3) Sundays.
No licensed premises shall sell or serve or permit the sale, service,
consumption or delivery of alcoholic beverages between the hours of:
(a) 2:00
a.m. on Sunday morning until 9:00 a.m. Sunday morning; and
(b) 2:00
a.m. on Monday until 7:00 a.m. on Monday.
(4) New
Year's Eve and Day. Notwithstanding anything contained herein to the
contrary, the Common Council may, be resolution, on the application
of an individual licensee, permit the sale, service and consumption
of alcoholic beverages on New Year's Eve (December 31) from 7:00 a.m.,
when December 31 falls on a day other than a Sunday, or from 12:00
noon, when December 31 falls on a Sunday, to 4:30 a.m. on New Year's
Day (January 1).
B. Retail distribution
and sale of packaged goods:
(1) The
holder of any plenary retail distribution license may sell or offer
for sale, in original containers for off-premises consumption, alcoholic
beverages between the hours of 9:00 a.m. and 10:00 p.m.
(2) The
owner/operator of any licensed premises may, in addition to the foregoing,
sell or offer for sale, in original containers for off-premises consumption,
wine and malt alcoholic beverages during those hours in which the
sale of alcoholic beverages is permitted pursuant to this article.
No person shall be served alcoholic beverages in any room which
is not open to the public.
All licensed premises shall be located so that an adult of average
size can, on inspection from the exterior, view the interior of the
premises.
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. Proceedings for suspension
or revocation shall be in accordance with the provisions of N.J.S.A.
33:1-1 et seq. by service of a five-day notice of charges proffered
against the licensee and affording a reasonable opportunity for a
hearing. Any suspension or revocation shall carry the penalties and
prohibitions provided in the statutes referred to. Suspension or revocation
of a license shall be in addition to any other penalty which may be
imposed for a violation of this article.