[HISTORY: Adopted by the City Council of
the City of Vineland 3-25-1997 by Ord. No. 97-15 (Ch.
154 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 511.
[Amended 3-27-2001 by Ord. No. 2001-18; 9-14-2004 by Ord. No. 2004-47; 10-27-2009 by Ord. No.
2009-68; 5-24-2016 by Ord. No. 2016-15; 7-28-2020 by Ord. No. 2020-36]
Annual license fees shall be as follows (increase of 3% annually,
rounded to the nearest whole dollar, until the maximum amount permitted
by New Jersey Division of Alcoholic Beverage Control regulations is
reached):
[Amended 3-23-2010 by Ord. No.2010-14]
The meanings of words and terms defined by N.J.S.A.
33:1-1 et seq., and N.J.A.C. 13:2-1.1 et seq., shall apply. Said meanings
and other definitions relating to specific use will be found in the
appropriate sections of this chapter.
The Municipal Clerk of the City of Vineland.
The City Council of the City of Vineland.
Retail area shall consist of that portion of the facility
normally accessible to the public and shall exclude all areas limited
to employee uses.
[Amended 4-22-1997 by Ord. No. 97-26]
A.
No new plenary retail consumption license shall be
issued in the City of Vineland unless and until the number of licenses
outstanding is less than that which is permitted by N.J.S.A. 33:1-12.14,
or amendments thereto; provided, however, that this limitation shall
not prevent renewals or person-to-person or place-to-place transfers
of licenses issued and outstanding on the effective date of this article.
Notwithstanding the foregoing, nothing in this article shall be deemed
to prevent the issuance of a new license to a person who files application
therefor within 60 days following the expiration of the license renewal
period if the State Commissioner shall have determined, in writing,
that the applicant's failure to apply for a renewal of his license
was due to circumstances beyond his control.
B.
Not more than six plenary retail distribution licenses
shall be issued and outstanding at the same time in the City of Vineland.
[Amended 12-11-2012 by Ord. No. 2012-58]
C.
No new club licenses shall be issued in the City of
Vineland unless and until the number of such licenses outstanding
is fewer than 14; provided, however, that this limitation shall not
prevent renewals or person-to-person or place-to-place transfers of
club licenses issued and outstanding on the effective date of this
article.
[Amended 2-8-2005 by Ord. No. 2005-5; 3-23-2010 by Ord. No. 2010-14]
A.
For those
properties located in the B-3 Zoning District of the City of Vineland
having a minimum of 15 acres of contiguous lot area upon which is
located a regional shopping center having a minimum of 60,000 square
feet of commercial retail floor area, the total number of plenary
retail consumption licenses shall not exceed one license for each
60,000 square feet of commercial retail floor area, up to a maximum
of four licenses. This restriction shall not apply to any freestanding
premises for which there is a plenary retail consumption license located
on the property upon which there is a regional shopping center.
B.
Anything
to the contrary hereinbefore notwithstanding, and for the benefit
not of property but of persons attendant therein, no license shall
be issued for the sale of alcoholic beverages within 200 feet of any
church or public schoolhouse or private schoolhouse not conducted
for pecuniary profit, except to manufacturers, wholesalers, hotels,
clubs and fraternal organizations which owned or were actually in
possession of the licensed premises prior to enactment of this chapter.
The protection of this section may be waived at the issuance of the
license and at each renewal thereafter, by the duly authorized governing
body on authority of such church or school, such waiver to be effective
until the date of the next renewal of the license. Said 200 feet shall
be measured in the normal way that a pedestrian would properly walk
from the main entrance of said church or school to the main entrance
of the premises sought to be licensed. The prohibition contained in
this section shall not apply to the renewal of any license where no
such church or schoolhouse was located within 200 feet of the licensed
premises as aforesaid at the time of the issuance of the license,
nor to the issuance or renewal, or both, of any license where such
premises have been heretofore licensed for the sale of alcoholic beverages
or intoxicating liquors, and such church or schoolhouse was constructed
or established, or both, during the time said premises were operated
under said previous license.
C.
Multiple
premises on the same City tax lot. More than one licensed premises
shall be permitted on the same City tax lot, provided that the distance
set forth in this section shall apply to each such licensed premises.
A.
No plenary retail distribution license shall be issued
to permit the sale of alcoholic beverages in or upon any premises
in which any mercantile business, including a grocery store, supermarket
or convenience store, is carried on; provided, however, that this
shall not prohibit a plenary retail distribution licensee from selling
cigars and cigarettes and like tobacco products and such accessories
to tobacco products as pipes, lighters, lighter fuel and parts, humidors,
tobacco pouches, cigar and cigarette holders and cases, pipe-cleaning
gear, filters, pipe holders and ashtrays at retail as an accommodation
to customers; or from selling nuts, pretzels, potato chips and all
other similar snack items, foodstuffs, prepared cocktails and items
such as ice cubes, paper products, including plates, mats, napkins
and playing cards, drinking glasses, containers and other home bar
accessories, including but not limited to the exclusion of similar
items, pourers, stirrers, mixers, glass pitchers and squeezers; or
from selling sliced, processed meats and cheeses, breads, pickles,
cold salads and other similar delicatessen items, provided that the
area used for the preparation and sale of these delicatessen items
shall not exceed 25% of the total square footage of the retail sales
area of the licensed premises.
B.
No seasonal retail consumption licenses shall be issued
or granted for any premises within the City of Vineland.
C.
No limited retail distribution license shall be issued
or granted for any premises within the City of Vineland.
[Amended 12-26-2017 by Ord. No. 2017-90]
A.
Retail distribution licensees and retail consumption broad package
privilege (Broad C) licensees operating as a package goods store may
sell spirituous liquors in their original containers (package goods)
for off-premises consumption between the hours of 9:00 a.m. and 10:00
p.m.; and for wine and malt beverage products in original containers
(package goods), sales may begin at 9:00 a.m. on any day of the week.
All sales shall cease between the hours of 2:00 a.m. and 9:00 a.m.
on any day of the week.
[Amended 5-23-2023 by Ord. No. 2023-37]
B.
Retail consumption licensees, including club licensees, may sell
and serve any alcoholic beverage by the glass for on-premises consumption
beginning at 6:00 a.m. on any day of the week. All sales shall cease
between the hours of 2:00 a.m. and 6:00 a.m. on any day of the week.
On New Year's Eve and New Year's Day, retail consumption licensees,
including club licensees, may remain open for the sales and service
of alcoholic beverages by the glass for on-premises consumption beginning
New Year's Eve and 6:00 a.m. enclosed on the day at 5:00 a.m.
C.
During the hours that sales of alcoholic beverages
are hereinabove prohibited, the entire licensed premises shall also
be closed and no person other than the licensee and his bona fide
employees shall be permitted to remain thereon, but this closing-of-premises
requirement shall not apply to bona fide hotels, to restaurants as
defined in N.J.S.A. 33:1-1t, to clubs provided for in N.J.S.A. 33:1-12,
Subdivision 5, and State Regulation No. 7, or to other establishments
where the principal business is other than the sale of alcoholic beverages.
No licensee shall serve any alcoholic beverages
or allow, permit or suffer service of any alcoholic beverages in any
room or place on the licensed premises that is not open to the public
generally; provided, however, that this regulation shall not apply
to club licensees, nor shall it apply so as to prohibit a hotel licensee
from serving guests in their rooms or in private dining rooms.
All licensed premises in which is located a
bar, bar area or service bar, as defined herein, shall provide sufficient
lighting in the room in which the bar, bar area or service bar is
physically located so a view of the interior of said room may be had
from the public means of ingress and egress to said room. Further,
the interior of said room in which the bar, bar area or service bar
is located shall be arranged in such a manner that a clear view of
the interior may be had from the public means of ingress and egress
to said room.
Licensees must at all times keep the licensed
premises in a safe, clean and sanitary condition.
[Amended 4-22-1997 by Ord. No. 97-26]
No licensee shall allow, permit or suffer any
person under the age of 21 years to frequent, loiter or remain in
any room or rooms on the licensed premises used or devoted to the
sale, service or consumption of alcoholic beverages, unless such person
is accompanied by his or her own parent, guardian or spouse who has
attained the age of 21; provided, however, that this regulation shall
not apply to restaurants or private and public dining rooms in hotels.
No licensee shall sell, serve or deliver or
allow, permit or suffer the sale, service or delivery of any alcoholic
beverage, directly or indirectly, to any person under the age of 21
years or to any persons who show outward signs of being under the
influence of alcoholic beverages or drugs or where said licensee knows
or should have known said persons are under the influence of alcoholic
beverages or drugs.
A.
No licensee shall allow, permit or suffer in or upon
the licensed premises the habitual presence of any known prostitute,
gangster, racketeer, notorious criminal or other person of ill repute.
B.
No licensee shall allow, permit or suffer in or upon
the licensed premises any unlawful possession of or any unlawful activity
pertaining to:
(1)
Narcotic drugs;
(2)
Controlled dangerous substances as defined by New
Jersey Controlled Dangerous Substance Act (N.J.S.A. 24:21-1 et seq.);
(3)
Controlled dangerous analogues as defined by the Comprehensive
Drug Reform Act of 1987 (N.J.S.A. 2C:35-1 et seq.);
(4)
Any prescription legend drug in any form, which is
not a narcotic drug or a controlled dangerous substance or analogue
as so defined;
(5)
Drug paraphernalia as defined by N.J.S.A. 2C:36-1.
C.
No licensee shall allow, permit or suffer the licensed
premises to be accessible to any premises upon which any illegal activity
or enterprise is carried on or the licensed premises or business to
be used in furtherance or aid of or accessible to any illegal activity
or enterprise.
No licensee shall allow, permit or suffer in
or upon the licensed premises any lewdness, immoral activity or foul,
filthy or obscene language or conduct or any brawl, act of violence,
disturbance or unnecessary noise or engage in or allow, permit or
suffer in or upon the licensed premises any activity which is prohibited
by federal, state, county or local laws; nor shall any licensee allow,
permit or suffer the licensed place of business to be conducted in
such manner as to become a nuisance.
No licensee shall allow, permit or suffer in
or upon the licensed premises any lottery to be conducted or any ticket
or participation right in any lottery to be sold or offered for sale;
nor shall any licensee possess, have custody of, or allow, permit
or suffer any such ticket or participation right in or upon the licensed
premises; provided, however, that this section shall not apply to
bingo, raffles or New Jersey State Lottery, or tickets or participation
rights therein being conducted pursuant to appropriate license under
the Bingo Licensing Law (N.J.S.A. 5:8-24), Raffles Licensing Law (N.J.S.A.
5:8-50), State Lottery Law (N.J.S.A. 5:9-11) or other activity authorized
by state law. However, in any incidence of bingo at licensed premises,
no licensee, during the period between the commencement of the first
and the conclusion of the last game, shall sell, serve or deliver
or allow, permit or suffer the sale, service, delivery, or consumption
of any alcoholic beverage in or upon any part of the licensed premises
where the bingo or any part thereof is being conducted.
A.
No licensee shall engage in or allow, permit or suffer
any pool selling, bookmaking or any unlawful game or gambling of any
kind or any slot machine or device in the nature of a slot machine
which may be used for playing for money or other valuable things.
B.
No licensee shall engage in or allow, permit or suffer
in or upon licensed premises any gambling paraphernalia including
but not limited to any slip, ticket, book, record, document, memorandum
or any other writing pertaining in any way to any lottery, pull selling,
book making or unlawful game or gambling of any kind.
No licensee shall allow, permit or suffer in
or upon the licensed premises or have in his possession or distribute
or cause to be distributed any matter containing any obscene, indecent,
filthy, lewd, lascivious or disgusting printing, writing, picture
or other such representation.
No licensee shall work in any capacity in or
upon the licensed premises while actually or apparently under the
influence of alcohol or drugs or allow, permit or suffer any person
actually or apparently under the influence of alcohol or drugs to
work in any capacity in or upon the licensed premises.
It shall be unlawful for a person under the
age of 21 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.
It shall be unlawful for a person under the
age of 21 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 or her any alcoholic beverage.
It shall be unlawful for a person to misrepresent
or misstate his or her age or the age of any other person for the
purpose of inducing any retail licensee or any employee of a retail
licensee to sell, serve or deliver any alcoholic beverage to a person
under the age of 21.
A.
Plenary retail consumption licenses in excess of the
quota as set forth in this article and the amendments thereto may
be issued to hotels and/or motels of 100 sleeping rooms or more where
the same are constructed in the City of Vineland.
B.
Said licenses shall be granted, controlled and regulated
in accordance with this article of this chapter of the Code of the
City of Vineland and the amendments thereto and shall not in any way
change or alter the aforesaid article, except that the granting of
new licenses to hotels and/or motels and the distances set forth in
this article and the amendments thereto shall not apply to hotels
and/or motels in the consideration for the granting of said licenses.
In addition to the regulations as set forth
in the licensing for premises other than hotels and/or motels, the
regulations for hotels and/or motels to be granted plenary retail
consumption licenses shall include that any bar on the premises shall
have ingress and egress through the lobby and from the court or parking
area of the hotel and/or motel in question, that there shall be no
street entrance to the bar and that there shall be no advertisement
on the outside of the hotel and/or motel in question to indicate that
there is a bar situate therein. Periodic or postal-card advertisement
of the existence of the bar at the hotel and/or motel in question
shall not be prohibited. In the event that the hotel and/or motel
in question has a restaurant in a building separate from the main
body of the hotel and/or motel in question, in which would be served
alcoholic beverages, there may be displayed on the outside of the
restaurant building a sign, not to exceed three feet in length and
one foot in height, reading "cocktails." In such case, no public bar
may be maintained in said restaurant, but a service bar or service
bars only.
Club licenses shall be issued only to bona fide
clubs as defined herein, except as provided in N.J.A.C. 13:2-8.5.
No license shall be issued to any club unless it has been in active
operation in the State of New Jersey for at least three years continuously
immediately prior to the submission of its application for a license.
Except as provided herein or in N.J.A.C. 13:2-8.5,
no license shall be issued to any club unless it shall have been in
exclusive possession and use of the clubhouse or club quarters for
at least three years continuously immediately prior to the submission
of its application for a license. A bona fide club which has been
in active operation in this state for the period of time required
as aforesaid but which has been deprived of continuous possession
in use of its clubhouse or club quarters by reasons of foreclosure,
loss of lease, eminent domain, fire, casualty or other removal for
a cause other than the violation of the laws of state or of municipal
ordinance shall not be prevented thereby from obtaining a club license
upon presenting to the satisfaction of the issuing authority proof
of said fact and proof that possession of suitable premises has been
obtained.
Any constituent unit chartered or otherwise,
duly in franchise, chapter or member club of a national or state order,
organization or association, which is in possession of suitable premises
shall not be prevented from obtaining a club license by reason of
the fact that the unit, chapter or member club has not been in active
operation in this state for at least three years continuously or has
not been in the exclusive, continuous possession and use of a club
house or club quarters for the same period of time, provided that
said unit chapter or member of club obtains and submits to the issuing
authority a certificate stating that said unit, chapter or member
club has been duly credentialed by a national or state order, organization
or association which has been in active operation in this state for
at least three years continuously immediately prior to submission
of the application for a license.
A.
No club licensee shall sell, serve or deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverage
to any person not a bona fide member of the club or a bona fide guest
of such member.
B.
All club licensees shall have and keep on the licensed
premises a true record of all scheduled dinners, luncheons, receptions,
dances, parties, catered events and similar affairs held at the club-licensed
premises and attended by nonclub members.
No club licensee shall sell, serve or deliver
or allow, permit or suffer the sale, service or delivery of any alcoholic
beverages in the original containers for off-premises consumption.
No club licensee shall sell, serve or deliver
or allow, permit or suffer the sale, service or delivery or consumption
of any alcoholic beverage on the licensed premises during hours or
on days when plenary licensees are prohibited from such activities.
All holders of plenary or limited retail distribution
licenses issued under the provisions of N.J.S.A. 33:1-12 et seq. shall
specifically comply with the regulations contained in N.J.A.C. 13:2-22
et seq.
No licensee shall sell, serve or deliver or
allow, permit or suffer the sale, service or delivery of any alcoholic
beverage at retail or allow, permit or suffer the consumption of any
alcoholic beverages on the licensed premises or allow, permit or suffer
the retail licensed premises to be open during any period for which
any duly constituted state, county or municipal law enforcement authority,
because of a public emergency or investigation of crime, has ordered
the licensed premises to be closed unless accepted by such authority
to permit continuing conduct of business other than the sale of alcoholic
beverages.
As used in this article, the following terms
shall have the meanings indicated:
Any fluid or solid capable of being converted into a fluid,
suitable for human consumption, and having an alcohol content of more
than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale
porter, naturally fermented wine, treated wine, blended wine, fortified
wine, sparkling wine, distilled liquors, blended distilled liquors
and any brewed, fermented or distilled liquors fit for use for beverage
purposes or any mixture of the same and fruit juices.[1]
It shall be unlawful for any person to consume
or offer to another for consumption any alcoholic beverage in or upon
any public street, road, alley, sidewalk, railroad right-of-way, parking
lot which is generally open to the public, park, shopping plaza or
upon any outdoor facility owned or operated by the City of Vineland.
It shall be unlawful for any person to possess
any alcoholic beverage in or upon any public street, road, alley,
sidewalk, railroad right-of-way, parking lot which is generally open
to the public, park, shopping plaza or upon any outdoor facility owned
or operated by the City of Vineland unless such alcoholic beverage
is contained within an original, sealed or closed container.
It shall be unlawful for any person to possess
in open containers or consume or offer for consumption any alcoholic
beverage in or upon any private property within the City of Vineland
unless the person possessing, consuming or offering such alcoholic
beverage is the owner or lessee of such private property or an invitee
who has the permission or consent of the owner or lessee of such property
to possess or consume alcoholic beverages thereon.
A.
Special permits; liability insurance.
(1)
The provisions of this article shall not apply to
the possession or consumption of alcoholic beverages pursuant to a
special permit issued by the Council of the City of Vineland or the
Division of Alcoholic Beverage Control of the State of New Jersey
when the person possessing or consuming alcoholic beverages is doing
so in accordance with the terms and conditions of said permit and
at the location authorized by said permit. However, this exception
shall not apply to any public park or recreation area owned or operated
by the City of Vineland.
(2)
Where a special permit is issued by the Council of
the City of Vineland or the Division of Alcoholic Beverage Control
of the State of New Jersey with respect to the possession or consumption
of alcoholic beverages pursuant to this section, the issuance of said
special permit shall be contingent upon the applicant obtaining a
policy of liability insurance insuring for any acts or omissions resulting
directly or indirectly from the transfer and/or consumption of alcoholic
beverages with the City of Vineland named as an insured in an amount
of not less than $1,000,000 per incident and $3,000,000 aggregate.
B.
Nothing herein contained shall be construed to prohibit
the consumption, possession or sale of alcoholic beverages on premises
which are duly licensed pursuant to a retail consumption, retail distribution,
retail transit, wholesale or club license issued by the governing
body of the City of Vineland or by the Division of Alcoholic Beverage
Control of the State of New Jersey.
A.
No licensee shall knowingly display, sell or deliver
any alcoholic beverage in an original container having a content of
fill less than that stated on the container or labeled thereof subject
to such tolerance as permitted by federal law and regulation, and
no licensee shall possess such a container except for the sole purpose
of return for credit or replacement.
B.
No licensee shall manufacture, transport, possess,
sell, barter, give away, offer for sale or furnish any alcoholic beverage
adulterated with any foreign or harmful subject.
C.
Nothing in this section shall prohibit licensees from
storing and temporarily retaining such beverages for the purpose of
returning the same to a manufacturer or wholesaler, provided that
the container is immediately resealed and labeled with the name and
address of the customer and the date of the return by the customer.
A.
A person violating any provision of this chapter shall,
upon conviction thereof for a first offense, be punishable by a fine
of not more than $200 or by imprisonment for not longer than 90 days,
or by both such fine and imprisonment, in the discretion of the court.
B.
Upon a second offense, a person violating any provision
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $500 or by imprisonment for not longer than
120 days, or by both such fine and imprisonment, in the discretion
of the court.
C.
For any subsequent violations, a person violating
any provision of this chapter shall, upon conviction thereof, be punishable
by a fine of not less than $1,000 or by imprisonment for not longer
than 120 days, or by both such fine and imprisonment, in the discretion
of the court.
