This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of New Providence in accordance with the provisions of an act of 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.
[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-29-1973 by Ord. No. 73-7 (Ch. 3 of the 1973 Code); amended in its entirety 10-27-2014 by Ord. No. 2014-10]
For the purposes 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 Alcoholic Beverage Control.
A.
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 § 109-1, 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 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 of New Providence without obtaining a license in accordance with the Act referred to in § 109-1, and the provisions of this article.
D.
Application forms. All applications for licenses shall be made on forms prescribed by the State Commissioner of Alcoholic Beverage Control.
E.
Inspection and investigation. All licenses issued by the Borough Council under this article shall be subject to the terms thereof, including inspection by the Code Enforcement Agencies and background investigations by the Police Department, and to the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
F.
Term of license; application fee. The licenses shall be issued for a period from July 1 of each year to June 30 the following year, both inclusive.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
License fees; maximum number.
(1)
Annual fees and maximum number of license. The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough of New Providence shall be as follows:
Class of License | Annual License Fee | Maximum Number |
|---|---|---|
Plenary retail consumption license | $2,500 | Not more than 4 (premises operated as a bona fide restaurant) |
Plenary retail distribution license | $2,500 | Not more than 3 |
Club license | $180 | Club licenses may be granted from time to time on application, provided the Borough Council is satisfied that such licensed club is a bona fide organization |
(2)
Hotel conditional license (plenary retail consumption license). A plenary retail consumption license may be issued to the owner or operator of a hotel with less than 100 rooms, or to the owner or operator of a bona fide restaurant which is located within the same building or structure as a hotel; subject, however, to the following restrictions and regulations:
(a)
No such license may be transferred by the licensee to any other person or to any other locality, except to a person owning or operating such a bona fide hotel or owning or operating such a bona fide restaurant within the principal structure as the hotel, at the same location or such other approved location and owned by the principal owner of the hotel.
(b)
Any such license for or transferred to a hotel owner or operator or to a person owning or operating a bona fide restaurant located within the same building or structure as the hotel shall remain in full force only so long as a bona fide hotel is actually being operating at such location, and such location and such license shall be revoked should the hotel cease operating as such at such location. A bona fide hotel shall only be one whose main business is renting of rooms to transients with hotel service. The Borough Council shall have the full right to determine what a bona fide hotel is as referenced to in this section, and the decision of the Council shall be final.
(c)
Sale or consumption of alcoholic beverages shall be permitted:
(d)
Guest rooms may contain minibars, provided containers or packages of spirits or wine sold by means of a minibar shall hold not less than 50 nor more than 200 milliliters, and that the said minibar shall be restocked with alcoholic liquor or cereal malt beverages only during hours when the hotel is permitted to sell alcoholic liquor and cereal malt beverages as a drinking establishment. Access to these guest rooms containing minibars via a key, magnetic card or other device shall be provided only to guests who are registered to stay in such room, and who are 21 or more years of age.
(e)
The licensed premises shall include only that portion of the hotel building or structure open to the general public for dining where meals are actually sold and served on a regular basis or where the alcoholic beverages are stored. A premises licensed under this section may provide tables and a bar/lounge area (which may also include a designated outdoor area) at which alcoholic beverages may be served without meals for the use of patrons. The number of bar stools shall be calculated as no more than one bar stool per every four seats of dining.
(f)
Notwithstanding any provisions herein to the contrary, if the hotel contains conference or meeting rooms and lobby areas, which are restricted to hotel guests or hotel functions, and which are or may be used from time to time for private meetings, banquets, conferences, parties or other similar occasions, alcoholic beverages may be served to persons attending such private meeting, conference or party by the licensee. Such conference or meeting room shall be considered part of the licensed premises if so requested by the licensee.
(g)
Any such licensee shall, as a condition of obtaining and retaining such license, operate the licensed premises with the principal purpose being a bona fide restaurant and shall serve or cause to be served at least two meals per day, being lunch and dinner, and shall be open for business a minimum of six days per week for a minimum of 48 weeks per year. This requirement shall not apply to more than four holidays per year. Such license shall be revoked should the holder thereof cease operating such bona fide restaurant.
(h)
There shall be at least 12 square feet of floor space in the dining area for each seat, and the computation of said dining area shall not include any space used for kitchen, pantry, storage, rest rooms or any other purpose than dining.
(i)
Daily food and drink specials shall be permitted in accordance with the regulations of the Division of Alcohol Beverage Control.
(j)
The licensee shall keep and maintain accurate records of all sales sufficient to disclose what receipts were derived from the sale of alcoholic beverages, and what receipts were derived from foodstuffs, which records shall be open to inspection any time by the licensing body or its representatives, and may be kept under its supervision as directed if desired.
(k)
The Borough Council shall further have the right to limit the number of licenses granted under § 109-3G, whether or not applications may be received conforming to the above regulations and conditions, where they shall deem any application by reason of location, increased traffic congestion, structural inadequacies of the licensed premises, fire or health hazard, or proximity to churches or schools to be detrimental to the health, morals, safety or welfare of this town.
(l)
Any license issued under this section shall bear the notation "hotel conditional license."
(3)
Restaurant conditional license (retail consumption license). Restaurant conditional licenses may be issued to operators of bona fide restaurants, as defined in N.J.S.A. 33.1-1(t) of the Revised Statutes; subject, however, to the following restrictions and regulations:
(a)
No such license may be transferred by the licensee to any other person or to any other locality, except to a person operating such a bona fide restaurant as hereinafter more particularly defined and restricted at the same or such other approved locality at the discretion of the Council.
(b)
A premises licensed under this subsection may provide tables and a bar/lounge area at which alcoholic beverages may be served without meals for the use of patrons. For each bar stool located in the bar/lounge area, there must be at least a minimum of four dining seats in the area designated for dining.
(c)
To qualify as a bona fide restaurant under this section, the premises must comply with the following requirements:
[1]
The premises must have a seating capacity at tables for at least 25 persons at one sitting.
[2]
No room on the licensed premises devoted to the purposes of dining shall contain fewer than 300 square feet of floor space, exclusive of any space used for kitchen, pantry, storage or any other purpose than dining.
[3]
There shall be at least 12 square feet of floor space in the dining area for each seat, and the computation of said dining area shall not include any space used for kitchen, pantry, storage, rest rooms or any other purpose than dining.
(d)
The applicant shall specify in the application all rooms and areas wherein alcoholic beverages may be served, and no alcoholic beverages shall be served in any area or room not included in the application as part of the licensed premises.
(e)
Any such license issued under this subsection for or transferred to a restaurant shall only remain in force so long as the premises licensed are being actually operated with the principal purpose being such a bona fide restaurant, and so long as such premises are not altered or rearranged without first obtaining approval of the Borough Council, and such license shall be revocable should the owner thereof cease from operating the necessary approval.
(f)
Any license issued under this subsection shall be subject to all the conditions of this section. The Code Enforcement Official shall determine whether the principal purpose is a bona fide restaurant as referred to in this section. Appeals of the decision of the Code Enforcement Official shall be to the Borough Council, which shall have the sole and exclusive authority to grant any relief from the determination of the Code Enforcement Official, and the decision of the Council shall be final. The Borough Council shall further have the right to limit the number of licenses granted under § 109-3G, whether or not applications may be received conforming to the above regulations and conditions, where they shall deem any application by reason of location, increased traffic congestion, structural inadequacies of the licensed premises, fire or health hazard, or proximity to churches or schools to be detrimental to the health, morals, safety or welfare of the town.
(g)
Any license issued under this subsection shall bear the notation "restaurant conditional license."
(4)
Restriction of club licenses. No club licensee or agent or employee of such licensee shall sell alcoholic beverages to any person other than bona fide members of the club and their guests.
(5)
Subject to state law. All licenses under this article shall, in addition to the foregoing restrictions and conditions, be subject to all provisions of the Revised Statutes of New Jersey and to all of the rules and regulations prescribed by the Director of the Division of Alcoholic Beverage Control in the state.
A.
Hours of operation.
(1)
No plenary retail consumption licensee or club licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage any day of the week between the hours of 1:00 a.m. and 9:00 a.m., provided that on the first day of January, such sales may be made up to 3:00 a.m.
(2)
No plenary retail distribution licensee shall sell or deliver, or allow, permit or suffer the sale or delivery of any alcoholic beverage at retail in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original or opened container from a retail licensed premises from 10:00 p.m. to 9:00 a.m. any day of the week.
(3)
Notwithstanding the foregoing, the hotel may continue to engage in all its other operations during the hours of closure set forth above.
B.
Sales to certain persons. No licensee or employee of a licensee shall sell or deliver, directly or indirectly, any alcoholic beverage to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
C.
Lotteries prohibited on licensed premises. No retail plenary consumption licensee under this article shall allow, suffer or permit any lottery to be conducted, or any ticket or participation right in any lottery to be sold or offered for sale on or about the licensed premises, except as may be permitted under applicable New Jersey law.
D.
Penalties. Except as otherwise provided in N.J.S.A. 33:1-1 et seq., any person, partnership, association or corporation violating this section shall be subject to the penalties as set forth in § 1-15, Violations and penalties, of the Code of the Borough of New Providence.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of this article, the Alcoholic Beverage Law[1] of Alcoholic Beverage Tax Act,[2] or any of the rules and regulations promulgated or to be promulgated by the State Commissioner 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 proffered against the licensee and affording a reasonable opportunity for hearing.
C.
Suspension or revocation of a licensee shall be in addition to any penalty which may be imposed for a violation of this article.
A.
Sale to persons under the legal age. No licensee shall sell or serve alcoholic beverages to persons under the legal age.
B.
Unlawful acts by persons under legal age for purchase of alcoholic beverages; disorderly persons. It shall be unlawful for:
(1)
A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her any alcoholic beverage;
(2)
A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him/her any alcoholic beverages;
(3)
Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages for another person who does not because of his age have the right to purchase and consume alcoholic beverages.
C.
Violations. Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500. In addition, to the general penalty prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this section to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted (N.J.S.A. 33:1-81).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Adopted 6-24-1985 by Ord. No. 85-4 (Ch. 3, Art. II, of the 1973 Code of Ordinances); amended in its entirety 10-27-2014 by Ord. No. 2014-10]
A.
Except for persons possessing or consuming alcohol served in an outdoor dining setting by a person licensed under this chapter, no person shall, within the boundaries and limits of such zones and areas of the Borough of New Providence as may be identified from time to time by Chapter 310, Zoning, of this Code as CCD Central Commercial District, C1 Specialty Commercial District, and C2 Neighborhood Commercial District, consume any alcoholic beverage, except within a building or structure, where the same is permitted by law or any other ordinance permitting such use. The possession of any unsealed alcoholic beverage container with alcoholic beverages contained therein shall constitute a presumption that the person in possession thereof is consuming or intends to consume an alcoholic beverage in violation of the provisions hereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
For the purposes of this section, a container shall be regarded as unsealed when: