As used in this chapter, the following terms shall have the
meanings indicated:
Any exhibition, performance, or dance of any type conducted
in premises where such exhibition, performance or dance involves a
person(s) who is unclothed or clothed in such costume, attire, or
clothing as to expose, directly or through translucent coverings,
their breasts, genitals or buttocks. The exhibition, performance,
or dance is distinguished or characterized by a predominant emphasis
on the depiction, description or simulation of, or relation to, sexual
activities. The exhibition, performance, or dance may or may not involve
interaction with patrons, including separate consideration paid by
said patrons directly or indirectly to the exhibitors, performers,
or dancers. For purposes of example and not limitation, such exhibitions,
performances, or dances are commonly referred to as table dancing,
couch dancing, private dancing or straddle dancing.
Any liquid (or solid that can be converted to liquid) that
is fit to drink and has an alcoholic content of more than 1/2 of 1%
by volume is an alcoholic beverage and is subject to control and licensing
pursuant to N.J.S.A. 33:1-1 et seq.
A business establishment, or any portion of a nonprofit entity,
which is devoted to the selling and serving of alcoholic beverages
for consumption by the public, guests or patrons, or members on the
premises and in which the serving of food (if served) or public dancing
is only incidental to the sale or consumption of such beverages.
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
A person allowed, permitted or employed to solicit an alcoholic
beverage at the expense of or as a gift from the public, guest or
patron.
A person who has qualified as a guardian of an underage person
pursuant to a testamentary or court appointment.
A person under the age of 18 years.
A business establishment, which may collect a cover charge
for entrance, which is devoted mainly to the promotion of live or
prerecorded music for the purposes of dancing or listening and in
which the serving of alcoholic beverages and food (if served) is only
incidental to the collection of a cover charge and/or promotion of
music.
The condition of the container, containing liquor, beer,
wine or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Law of the State of New Jersey (N.J.S.A. 31:1-1 et seq.),
whose cap, cork, top or other closing device has been removed, or
the condition of a can which is punctured or pulled open so as to
break its seal.
Exercise of dominion over the container or beverage.
An underage person's parent, grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
A business establishment which is devoted to the serving
of food and in which the selling and serving of alcoholic beverages
for consumption by the public, guests or patrons is only incidental
to the sale or consumption of food products.
A.
The
City Council of the City of Trenton, being the governing body of the
municipality, shall constitute the authority for the administration
of the issuance of licenses within the municipality and shall report
the issuance of all licenses to the State Director of Alcoholic Beverage
Control. The Council shall have the authority to create an independent
board to assume the duties of the administration of alcoholic beverage
control within the municipality.
B.
Inspections.
(1)
City Inspectors. Alcoholic Beverage Inspectors of the City, duly
appointed to inspect, investigate and supervise licensed premises,
shall possess, enjoy and exercise, and are hereby vested with all
the powers and duties possessed, enjoyed and exercised by members
of the Police Department of the City of Trenton, for the purpose of
properly inspecting, investigating and supervising licensed premises
and of enforcing the Alcoholic Beverage Control Law, the general rules
and regulations and special rulings and findings promulgated or to
be promulgated by the State Director of Alcoholic Beverage Control,
and all rules and regulations, resolutions and ordinances concerning
alcoholic beverages adopted or to be adopted by the City Council.
(2)
Hindering investigation. No licensee shall interfere with any inspection
or search of premises for which a license has been issued, or of any
building containing the same, or of licensed buildings, by any duly
authorized agent or agents of the City, county, state or federal government;
nor shall any licensee refuse or interfere with any authorized agent
or agents of the City or state testing or taking reasonable samples
of any alcoholic beverages found on the premises for which a license
has been issued, or in any building containing the same, or in the
licensed buildings.
A.
It
shall be unlawful to sell or distribute alcoholic beverages in the
City of Trenton without a license.
(1)
No person other than the licensee shall have any interest, directly
or indirectly, in the license granted or the business to be conducted
under the license without a full disclosure first having been made,
either in the application for the license or as soon after the interest
in the license or in the business conducted under the license shall
have come into being.
(2)
All applications for licenses and place-to-place transfers of existing
licenses shall be submitted and processed in accordance with the current
rules and regulations prescribed by the Director of the Division of
Alcoholic Beverage Control, Department of Law and Public Safety, State
of New Jersey; provided that, in addition to all such requirements,
each such applicant shall be required, in connection with the advertising
of such applications, to give personal notice of such application
to all owners of property situated within 200 feet of the premises
for which the license or place-to-place transfer is sought, provided
further that the notice provisions shall not be applicable either
to applications for place-to-place transfers seeking to expand an
existing licensed premises by adding additional interior floor space
not exceeding 150 square feet and without substantially changing the
character, volume or mode of the licensed activity, or to a place-to-place
transfer of an existing license or premises or structure which is
being taken for public use.
(3)
Such notice shall be given either by handing a copy thereof at the
usual place of abode of the property owners or by leaving a copy thereof
at the usual place of abode of the property owners, if the owners
are occupants of the property so situated or are residents of the
City of Trenton. Whenever the owners are nonresidents of the City,
or cannot be located despite diligent efforts of the applicant, such
facts shall be verified by the applicant by affidavit and notice shall
be given to such owners by certified mail to the last known address
of the property owner or owners as shown by the most recent tax lists
of the City. Where the owner is a business entity, service upon any
partner or agent shall be sufficient.
(4)
The identity of properties situated within 200 feet of the premises
to be licensed shall be determined, upon request and payment of a
fee as authorized by the office of the City Engineer, Department of
Public Works.
(5)
The applicant shall file, along with his/her application, an affidavit
verifying compliance with the notification requirements set forth
above.
(6)
All licenses issued hereunder shall be for a term of one year from
July 1 in each year to June 30 of the year following, both inclusive.
(7)
The office of the City Clerk shall distribute alcoholic beverage
applications to holders of licenses in the City, for which the charge
of $3 per application shall be made.
B.
Classes
of license; fees and limitation. Annual license fees for the sale
of alcoholic beverages in the City of Trenton are hereby established
and fixed by the Council for the City of Trenton in an amount equivalent
to the maximum permitted by state law, and such fees on a yearly basis
shall be the equivalent of the maximum allowable pursuant to state
law in the calendar year state schedule:
(1)
Plenary retail consumption license: The fee shall be the maximum
allowable by state ABC regulations in that annual schedule and shall
adjust yearly pursuant to the same $2,478 (maximum fee permitted per
state statute for future years) annually by June 30. Thirty-two licenses
are permitted within the municipality; no new licenses shall be created
until the number of valid licenses within the municipality is below
this number. The license authorizes the sale of alcoholic beverages
for consumption on the licensed premises, by the glass or other open
receptacle, and also allows the sale of alcoholic beverages in original
containers (packaged goods) for consumption off the licensed premises.
Sales of package goods may only take place in the public barroom and
may only be displayed for sale on the perimeter walls. This provision
shall include all hotel licenses per state law.
(2)
Plenary retail consumption license with "Broad Package Privilege":
The fee shall be the maximum allowable by state ABC regulations in
that annual schedule and shall adjust yearly pursuant to the same
$2,478 (maximum fee permitted per state statute for future years)
annually by June 30. Thirty-two licenses are permitted within the
municipality; no new licenses shall be created until the number of
valid licenses within the municipality is below this number. This
license is another form of plenary retail consumption license, except
the sale of packaged goods is not restricted to the public barroom.
(3)
Plenary retail distribution license: The fee shall be the maximum
allowable by state ABC regulations in that annual state schedule and
shall adjust yearly pursuant to the same $2,250 (maximum fee permitted
per state statute for future years) annually by June 30. Twelve licenses
are permitted within the municipality; no new licenses shall be created
until the number of valid licenses within the municipality is below
this number. The license authorizes only the sale of alcoholic beverages
in original containers for consumption off the licensed premises.
(4)
Club license: The fee shall be the maximum allowable by state ABC
regulations in that annual state schedule and shall adjust yearly
pursuant to the same $188 (maximum fee permitted per state statute
for future years) annually by June 30. Fifteen licenses are permitted
within the municipality; six licenses are available for issuance.
Issuance can only be to a corporation, association or organization
that is nonprofit and operating for benevolent, charitable, fraternal,
social, religious, recreational, athletic or similar purpose.
C.
Renewals;
ad interim permit.
(1)
All renewals must be approved by resolution of the City Council.
(2)
New Jersey sales tax clearance must be obtained prior to renewal
by City Council, and all licenses must be renewed by June 30.
(3)
Establishments that have not renewed their license by June 30 must
obtain an ad interim permit as established by N.J.A.C. 13:2-2.10.
A.
No
licensee shall:
(1)
Directly or indirectly solicit from house to house, personally or
by telephone, the purchase of alcoholic beverages, nor allow, permit
or suffer such solicitation.
(2)
Receive, possess or sell any alcoholic beverages transported into
this state in violation of the rules governing the transporting of
alcoholic beverages into New Jersey promulgated or to be promulgated
by the State Director of the Division of Alcoholic Beverage Control.
(3)
In the case of a retail distribution license, permit any alcoholic
beverages sold by him/her to be consumed on the licensed premises,
nor permit containers thereof to be opened on the licensed premises.
Other than "tasting events" as defined by the Alcoholic Beverage Control
Law.
(4)
Serve or deliver or suffer and permit the sale, service or delivery
of any alcoholic beverages directly or indirectly to any mentally
impaired, habitual drunkard, or any person actually or apparently
intoxicated, or permit the same to congregate in or about the licensed
premises.
(5)
Possess, sell, offer for sale, distribute or otherwise dispose of
any alcoholic beverages unless the containers of same shall have affixed
or attached thereto stamps or crowns as required by the Alcoholic
Beverage Tax Law, P.L. 1933, c. 434 (N.J.S.A. 54:41-1 et seq.), as
amended and supplemented.
(6)
Serve any person in any room or place which is not opened to the
public generally, except that in hotel guests may be served in their
rooms or in private dining rooms, and further provided that this regulation
shall not apply to club licenses.
(7)
Except for bona fide pharmacies to the extent that they may be duly
authorized by law to handle such merchandise, allow, permit or suffer
the sale or distribution of any contraceptive or contraceptive device,
either chemical or mechanical, or possess, allow, permit or suffer
any mechanical device designed or used for such sale or distribution
upon or about the licensed premises.
(8)
Deliver within this state, to any person not holding a license under
the Alcoholic Beverage Control Act, any alcoholic beverages intended
by such person for delivery, by gift or otherwise, to customers or
prospective customers, in the course of his/her business.
(9)
Engage in, allow, suffer or permit on or about the licensed premises
any lottery other than government authorized to be conducted or any
ticket or participation right in any lottery to be sold or offered;
or any unlawful game or gambling of any kind or any device or apparatus
designed for such purpose; or any slot machine or device in the nature
of a slot machine which may be used for the purpose of playing for
money or other valuables.
(10)
Allow, permit or suffer in or upon licensed premises any disturbances,
lewdness, immoral activities, brawls or unnecessary noises; or allow,
permit or suffer the licensed place of business to be conducted in
such a manner as to become a public nuisance.
(a)
It shall be the duty of each licensee, acting through its officers,
agents and employees, to take all reasonable measures to maintain
order, to abate breaches of the peace, including the generation of
excessive noise, and to abate the accumulation of litter and debris
and other unsanitary conditions within the licensed premises and upon
the public sidewalk, alley, curb and street immediately adjacent to
the licensed premises. It shall be a complete defense to any charge
of a violation of this subsection that any such condition complained
of occurred or existed despite the diligent and reasonable efforts
of the licensee to monitor, control and abate the condition complained
of, including, where appropriate, engagement of security personnel
or utilization of municipal public safety assistance.
(b)
Licensed premises shall at all times be kept in a safe, clean
and sanitary condition. All rooms, passageways, entrances, exits and
stairways must be well lighted.
(11)
Allow, permit or suffer in or upon the licensed premises the promotion
of the purchase of drinks by patrons of the premises from employees,
agents, or representatives of the licensee in exchange for promised
or perceived companionship of another for any length of time. For
purposes of example and not limitation, such employees, agents, or
representatives may commonly be referred to as drink girls/guys.
B.
Display
of licenses. It shall be the duty of all licensees to display prominently
the license issued pursuant to this chapter and all other city, state
and federal licenses and permits where they can be readily seen by
the public. The license shall be framed under glass, and a copy of
this license shall be kept with the licensee's application for license
and kept in a place convenient for inspection in the main business
room of the licensed premises. The licensee may be cited for a violation
if documents are not displayed.
C.
Annual meeting. Every year the local ABC officer shall host a meeting
prior to annual renewals, with mandatory attendance that will be verified
by signature of the licensee. Failure to attend the meeting will result
in a delay in the renewal of the license until such time arrangements
can be made for a make-up session with the ABC officer.
[Amended 6-6-2019 by Ord.
No. 19-22]
A.
Hours.
(1)
Excluded hours of sale. No alcoholic beverages shall be sold, served,
delivered or consumed, nor shall any licensee suffer or permit the
sale, service, delivery or consumption of, any alcoholic beverage,
directly or indirectly, upon the licensed premises between the following
hours, prevailing time, unless otherwise exempted:
[Amended 10-3-2019 by Ord. No. 19-60; 12-19-2019 by Ord. No. 19-79]
(a)
Monday through Saturday: 2:00 a.m. and 9:00 a.m.
(b)
Sundays: 2:00 a.m. and 12:00 noon.
(c)
"Sunday Brunch" exemption. Any plenary retail consumption licensee may permit any person, patron, or customer to consume alcoholic beverages upon the licensed premises and remain upon the licensed premises during "Sunday Brunch" hours, defined as 9:00 a.m. through 12:00 noon on Sundays. Such establishments may sell, serve, and deliver alcohol to be consumed on the premises, provided that those establishments meet the definition of a "restaurant" as defined in § 10-1 as "a business establishment which is devoted to the serving of food and in which the selling and serving of alcoholic beverages for consumption by the public, guests or patrons is only incidental to the sale or consumption of food products."
(2)
Closing of premises. No licensee shall permit any person, patron
or customer to consume any alcoholic beverages upon the licensed premises
during the hours when the sale, delivery, service or consumption of
alcoholic beverages is forbidden, and said premises must remain closed
and locked to all persons except for employees who clean or perform
other necessary work in and about the premises during such prohibited
hours, and no person other than such employees shall be permitted
to remain on the premises. Exemptions to the restriction for allowance
of any person, patron or customer in licensed premises are restaurants
and public dining rooms in hotels and premises operated by club licenses
or other licensees who could qualify for club licenses.
(3)
New Year's Day exception.
[Added 10-3-2019 by Ord.
No. 19-60]
(a)
Any plenary retail consumption licensee may permit any person,
patron or customer to consume alcoholic beverages upon the licensed
premises and remain upon the licensed premises until 4:00 a.m. on
New Year's Day, provided they have first registered their intent
to extend their hours with the office of the City Clerk, prior to
December 15 and having provided an executed contract with a certified
security agency for the provision of no less than one armed security
guard, to be stationed on the exterior of the licensed premises and
one additional security guard on the interior of the licensed premises,
for every 45 people or part thereof, allowed to legally occupy that
location, between the hours of 12:00 midnight and 4:00 a.m. (i.e.,
if the occupancy limit is 150 people, you will be required to have
four security guards).
(b)
Any licensee who either by conviction or by settlement agreement,
of an ABC violation, has a current and active special condition levied
onto their license will remain subject to the terms and conditions
outlined in the special condition and will not be permitted an exemption
if it is in conflict with those terms (i.e., if the special condition
requires you to close at 12:00 midnight, you must continue to close
at 12:00 midnight on New Year's Eve).
(c)
Any licensee who, either by conviction or by settlement agreement,
has had a finding of "guilty" as to any ABC violation within the past
two years shall be ineligible for the New Year's Eve exception
under this section.
(d)
Any person or entity who violates any provision of this section,
upon conviction, shall pay a fine of not less than $500 nor more than
$2,000 [Trenton City Code], plus costs of prosecution per violation.
This shall include the business owner, person in charge, individual
operator, manager, or patron as appropriate.
(e)
Enforcement shall be by the Trenton Police Department, Trenton
ABC Officer or the Trenton Code Enforcement Officer or their respective
designee.
B.
License
limits. No person shall acquire a beneficial interest in more than
two alcoholic beverage retail licenses. Nothing herein shall require
any person who had an effective interest in two licenses on or before
August 3, 1962, to surrender, dispose of or release his/her interest
in any license. The provisions of this subsection shall not apply
in the case of a hotel containing at least 50 sleeping rooms, or for
use in connection with the operation of a restaurant, nor shall the
provisions of this subsection affect the right of any person to dispose
of an interest in a license by will or to transfer the same by dissent
and distribution, provided that a license acquired for use in connection
with a restaurant pursuant to the above exception shall be limited
to the sale of alcoholic beverages for consumption on the licensed
premises.
C.
District regulations.
(1)
Restaurant District (B Zone). Nothing contained in Subsection B above shall prevent an otherwise valid place-to-place transfer to occur to a location which is at least 400 feet from another premises holding a sale or consumption license if said premises is suitable for dining facilities and used as a restaurant with more than 50 seats or a banquet hall with a seating capacity of more than 150 people and is located in a Business B Zone. The playing of live music or the use of a DJ shall be restricted to the hire for catered events and shall not include concerts or events that require cover charges or ticket sales.
D.
Building specifications. All establishments must provide for an unobstructed
clear window, door, or other viable view point into the establishment
from the street, except for those establishments within a portion
of the district known as the "Roebling Entertainment District," which
shall be known as the "Wire Rope District" and is defined as Block
15704, Lot 1, Block 15704, Lot 1.01, Block 15704, Lot 1.02, Block
15704, Lot 1.03, Block 15704, Lot 1.04, Block 15704, Lot 1.05, Block
15704, Lot 1.06, Block 15704, Lot 1.07, Block 15704, Lot 1.08, Block,
15901, Lot 1, Block 15901, Lot 2, Block 15901, Lot 3, Block 15901,
Lot 4, Block 16001, Lot 1, Block 16001, Lot 10, Block 16001, Lot 12,
Block, 16001, Lot 13, Block 16001, Lot 2, Block 16001, Lot 3, Block
16001, Lot 4, Block 16001, Lot 5, Block, 16001, Lot 6, Block 16001,
Lot 6.01, Block 16001, Lot 6.02, Block 16001, Lot 6.03, Block 16001,
Lot 7, Block 16001, Lot 8, Block 16001, Lot 9 and set forth on the
attached map.[1] Such window, door, or view point shall be no less than
216 square inches (or 12 inches by 18 inches) at a height of between
four feet to six feet from the floor level of the premises, so as
not to prevent an examination of the interior from the entrance by
a police officer, inspector, or other public official. The view must
not be obstructed by goods, blinds, shade, advertisement or any other
signage. Establishments that do not structurally comply with this
code as of June 30, 2016, shall be given an additional one-year period
to meet the standard. No establishment shall be given a "grandfathered"
exemption for compliance with this section at the conclusion of the
June 30, 2016, to June 30, 2017, amortization period.
[1]
Editor's Note: The map of the Wire Rope District originally attached to this ordinance is included at the end of this chapter.
E.
Adult entertainment. No establishment may provide entertainment, live or recorded, that involves lewd or immoral activity as defined under "adult entertainment" in § 10-1 herein.
F.
Distilling apparatus. No person shall have in his/her possession
or custody or under his/her control any still or distilling apparatus
set up, dismantled or in the process of construction, or parts thereof,
without having registered the same in accordance with the provisions
of the Alcoholic Beverage Control Act.
G.
Signage. No establishment shall post or allow a third party to post
advertisement of special events, happy hour, live shows or any such
activity that is to occur at the establishment on any public street,
building (other than their own), pole or billboard.
H.
Location. No new plenary retail consumption or plenary retail distribution
license shall be hereafter issued, nor shall a place-to-place transfer
of a license be granted, to any person, corporation or group of persons,
under the following circumstances:
(1)
For the sale or consumption of alcoholic beverages within 200 feet
of any church or public school or private school not conducted for
pecuniary profit, said distance being measured in the normal way that
a pedestrian would properly walk from the nearest entrance of said
church or school to the nearest entrance of the premises sought to
be licensed, and in accordance with N.J.S.A. 33:1-76; provided, however,
that the foregoing provision shall not prevent the future renewal
or person-to-person transfer of any plenary retail distribution license
that is in existence at the time of adoption of this section.
(2)
For the sale or consumption of alcoholic beverages within 1,000 feet of another premises holding either of said licenses, said distance being measured in the normal way that a pedestrian would probably walk from the nearest entrance from one premises to the other, except that this restriction shall not apply within a portion of the Roebling Entertainment District as defined in § 10-5D.
A.
Authorization.
It is determined that it is in the public interest to reduce the number
of plenary retail consumption licenses in the City of Trenton. Authorization
is hereby granted for the acquisition and retirement of said licenses
by the City of Trenton in accordance with N.J.S.A. 40:48-2.40.
B.
Annual surcharge. The annual surcharge shall be temporarily suspended until the collected revenues in the account dedicated by rider for the express purpose of purchasing and retiring existing licenses has been diminished to less than $90,000. Upon reaching that threshold, the surcharge will be reinstituted for two license renewal periods, at which time, in addition to the annual license fees set forth in § 10-3, every plenary retail consumption license shall be assessed again, at the time of application for renewal of said license, an annual fee in the amount of $200 for the express purpose of purchasing and retiring existing licenses, as authorized, and in the manner prescribed, by N.J.S.A. 40:48-2.42. After two license renewal periods, the annual surcharge shall once again be temporarily suspended until the collected revenues in the account dedicated by rider, for the expressed purpose of purchasing and retiring existing licenses, has been diminished to less than $90,000, at which time the surcharge will be reinstituted for an additional two license renewal periods and will remain cyclical as needed, in this form.
[Amended 4-2-2020 by Ord.
No. 20-21]
Transfers are approved by the issuing authority.
A.
A
full twelve-page license application must be filed. Photographs of
the front and each entrance of the premises (no less than five inches
by five inches each) shall accompany each application.
B.
Notice
of transfer must be published in the local newspaper, stating the
intent to transfer the license.
C.
There must be written consent of transfer from the current license
holder provided to the issuing authority.
D.
A fee equal to 10% of the annual license fee must be provided at
the time of application (20% of the annual fee if both person-to-person
and place-to-place is to take place).
E.
Any written objection to the transfer will require a hearing before
the issuing authority prior to approval of the transfer.
F.
A completed background check is required for all interested parties.
G.
The licensed premises is the portion of the licensed property on
which or where alcoholic beverages may be sold, served, or stored.
Once the premises has been established, any expansion or reduction
requires a place-to-place transfer.
H.
Extension of premises to expand the area on which alcoholic beverages
for consumption on the premises may be sold or served requires a place-to-place
transfer.
(1)
The area must be contiguous to or adjoined to the permanently licensed
premises.
(2)
Application must include a physical description and drawing of the
area, reason for the extension, and date and time for its use.
(3)
If the extension is for an open area, a description on how to restrict
access to minors must be included.
A.
Any
change of interest in the stock of the corporation must be reported
within 10 days to the issuing authority. If the change is less than
1/3 of the stock, pages seven, eight and 11 of the twelve-page application
must be amended. If the change is more than 1/3, the full twelve-page
application must be completed.
B.
Publication
of a legal notice advising of the change must be published in the
local newspaper.
C.
All
new shareholders must be fully qualified to hold a license, and a
full investigation shall be conducted by the issuing authority, including
background check and fingerprinting of each shareholder.
D.
Proof
of qualification as a license holder must be obtained prior to the
application to amend the license before a change of shareholder is
forwarded to the New Jersey Division of Alcoholic Beverage Control.
