[HISTORY: Adopted by the Mayor and Council of the Borough
of Wood-Ridge 12-26-1975 by Ord. No. 700 by Ch. V of the 1975 Revised
General Ordinances (Ch. 92 of the 1986 Code). Amendments noted where
applicable.]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Wood-Ridge 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.
For the purposes of this chapter, 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 State Director of Alcoholic Beverage Control.
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 179-1 and all other applicable laws of the State of New Jersey or the United States.
[Amended 4-8-2020 by Ord. No. 2020-3]
A.
All licenses required by this chapter shall be authorized by resolution
of the Mayor and Council, which shall also administer the provisions
of this chapter through the Borough Clerk. All applications for licenses
shall be filed with the Borough Clerk, who shall forthwith refer the
application to the Chief of Police for review and to the Mayor and
Council for consideration.
B.
Whenever the Mayor and Council shall grant any application for a
license by proper resolution, recorded in the minutes of the Mayor
and Council, and direct its issuance, the Borough Clerk shall deliver
to the applicant a license in appropriate form, signed by the Borough
Clerk with the Borough seal affixed, bearing date of issuance and
expiration, and particularly describing the place of the licensed
business.
C.
Licenses shall at all times be kept at the place of said licensed
business in a conspicuous place exposed to public view.
D.
The classes of licenses to be issued by the Mayor and Council are
hereby fixed as follows:
[Amended 4-8-2020 by Ord. No. 2020-3]
A.
No person shall sell or distribute within the corporate limits of the Borough any alcoholic beverages without first having obtained a license for said purpose, issued pursuant to this chapter and state law as referenced in § 179-1.
B.
No new plenary retail consumption license, except for those for hotels/motels
as provided for in this chapter, shall be established in the Borough
of Wood-Ridge unless and until the combined total number of such licenses
existing in the Borough is fewer than one for each 3,000 of its population
as shown by the last federal census.
C.
All new plenary retail consumption licenses, including those for
hotels/motels as provided for in this chapter, shall be issued by
way of the public sale/bidding method as provided by law. Any license
issued pursuant to this section shall be issued to the highest bidder
by the Mayor and Council. The Mayor and Council are authorized to
establish a minimum bid amount, as follows, and to reject any bids
that are less than the minimum bid amount.
(1)
The minimum bid amount for plenary retail consumption licenses for
hotels/motels containing at least 100 guest sleeping rooms shall be
$25,000 plus $50 per sleeping room.
(2)
The minimum bid amount for all other plenary retail consumption licenses
shall be established by resolution of the Mayor and Council.
D.
Restrictions on plenary retail consumption license for hotels or
motels.
(1)
All new plenary retail consumption hotel/motel licenses issued to
a person who owns or operates a hotel or motel containing at least
100 guest sleeping rooms shall be subject to the provisions of this
subsection.
(2)
No license issued to hotels/motels pursuant to this section shall
be transferable except with regard to the operation of a hotel/motel
located at the site for which the license has been issued or with
regard to the expansion of a hotel/motel at a site for which the license
has been issued.
(3)
The premises for which a hotel/motel license is issued shall be subject
to the following regulations:
(a)
Alcoholic beverages may not be removed from the premises by
patrons at any time.
(b)
Alcoholic beverages provided by room service shall not be removed
from the room by patrons at any time.
(c)
Alcoholic beverages provided in a "minibar" within a sleeping
room shall not be removed from the room by patrons at any time.
(d)
Packaged goods sales are not permitted to hotel/motel rooms.
[Amended 5-16-1983 by Ord. No. 7-83; 5-19-1986 by Ord. No. 86-6[1]; 8-15-1988 by Ord. No. 88-13; 2-26-2013 by Ord. No. 2013-3; 9-21-2016 by Ord. No. 2016-23; 4-8-2020 by Ord. No. 2020-3]
A.
The application fee for new licenses for all classes shall be $500,
except that the fee for club licenses shall be $100. Application fees
shall be nonrefundable.
B.
The application fee for all transfers of licenses, including those
for reduction or expansion of the licensed premises, for all classes
shall be governed by the New Jersey Division of Alcoholic Beverage
Control. Application fees shall be nonrefundable.
C.
The annual renewal fee for licenses shall be as follows:
|
2020
|
2021
|
2022
| |
|---|---|---|---|
|
Plenary retail consumption license
|
$2,500
|
$2,500
|
$2,500
|
|
Plenary retail distribution license
|
$2,000
|
$2,000
|
$2,000
|
|
Plenary retail consumption license for hotel/motel
|
$2,500
|
$2,500
|
$2,500
|
|
Club license
|
$100
|
$100
|
$100
|
[1]
Editor's Note: This ordinance also repealed original
Subsection 5-3.5, Limitation of Licenses, which immediately followed
this section.
[Amended 10-20-1976 by Ord. No. 714; 6-21-2011 by Ord. No. 2011-4; 4-8-2020 by Ord. No. 2020-3]
A.
Plenary retail consumption license, including for hotel/motel. No
licensee shall sell, serve or deliver or allow, permit or suffer the
sale, service or delivery of any alcoholic beverages on the licensed
premises or allow, permit, or suffer the consumption of any alcoholic
beverages on the licensed premises between the following hours on
the following days:
(1)
On all days, except Sunday, between the hours of 2:00 a.m. and 6:00
a.m.
(2)
On Sundays, between the hours of 2:00 a.m. and 12:00 noon.
(3)
On New Year's Day when it is any day, except Sunday, between
the hours of 4:00 a.m. and 6:00 a.m.
(4)
On New Year's Day when it is a Sunday, between the hours of
4:00 a.m. and 12:00 noon.
(5)
The above day and hour restrictions shall not apply to mini-bars
and room service in licensed hotels/motels.
B.
Plenary retail distribution license. No alcoholic beverages shall
be sold or delivered in any retail licensed premises between the following
hours on the following days:
[Amended 4-8-2020 by Ord. No. 2020-3[1]]
Any licensee holding a plenary retail consumption license shall
equip the licensed premises with separate toilets for men and women.
The toilets shall be approved by the Borough Health Inspector.
[Amended 5-19-1986 by Ord. No. 86-6]
No licensee or employee or agent of a licensee shall sell, serve,
deliver or allow, permit or suffer the service or delivery of any
alcoholic beverage to any person under the legal age for purchasing
alcoholic beverages.
[Amended 8-19-1985 by Ord. No. 85-9; 10-20-1986 by Ord. No. 86-16]
No person under the legal age for purchasing alcoholic beverages
shall be allowed in any premises when alcoholic beverages are sold
or served for consumption on the premises unless accompanied by his
parent or guardian.
[Amended 5-19-1986 by Ord. No. 86-6]
No person under the legal age for purchasing alcoholic beverages
shall purchase, attempt to purchase or have another purchase for him
any alcoholic beverage on any premises licensed for the sale of alcoholic
beverages.
[Amended 5-9-1979 by Ord. No. 749; 5-19-1986 by Ord. No. 86-6]
No person shall purchase or attempt to purchase alcoholic beverages
for a person under the legal age for purchasing alcoholic beverages,
and it shall be unlawful for any person to sell, distribute, transfer,
give or by any other means supply any beer, wine, alcohol or alcoholic
beverage to any person under the legal age to purchase alcoholic beverages
in any public or quasi-public place or while in or on a public street
or thoroughfare or while in a parked vehicle on any street or public
thoroughfare in the Borough of Wood-Ridge.
[Amended 5-19-1986 by Ord. No. 86-6]
No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages or to permit a person under the legal age for purchasing alcoholic beverages to remain on any premises in violation of § 179-12.
A.
Any license issued under this chapter may be suspended or revoked
for violation of any provision of this chapter, 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 chapter.
[Amended 10-20-1986 by Ord. No. 86-16]
