Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[Editor's Note: See also § 3-4, Consumption or Possession of Alcoholic Beverages in Open Containers on Public or Private Property, and § 3-5, Possession or Consumption of Alcoholic Beverages by Persons Under the Legal Age on School Property, Public Conveyance or Public Place.]
[1967 Code § 5-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Bound Brook in accordance with the provisions of an Act of the Legislature of the State of New Jersey entitled, "An Act Concerning Alcoholic Beverages" (Chapter 436 of the Laws of 1933), its supplements and amendments, and also comprising N.J.S.A. 33:1-1 to N.J.S.A. 33:1-96, and in accordance with the rules and regulations of the State Director of the Division of Alcoholic Beverage Control.
[1967 Code § 5-2]
For the purpose of this chapter, the words and phrases herein shall have the same meaning as in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control of the State of New Jersey.
[Ord. No. 07-03]
All applications for licenses, all licenses issued or revoked, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 6-1, and all other applicable laws of the State of New Jersey or of the United States.
[Ord. No. 07-03]
All licenses required by this chapter shall be issued by the Mayor and Borough Council, which shall also administer the provisions of this chapter.
[Ord. No. 07-03]
No person shall sell, distribute or transport alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in § 6-1 and the provisions of this chapter.
[1967 Code § 5-3; Ord. No. 03-3 § 1; Ord. No. 04-1 § 1; Ord. No. 2009-15]
The annual license fees of licenses for the sale and distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
Annual License Fees
Number of Licenses
Plenary Retail Consumption License
$2,500
19
Plenary Retail Distribution License
$2,500
2
Club License
$188
2
[1967 Code § 5-4]
The provisions of Subsection 6-3.4 shall not prevent the Mayor and Borough Council, in their discretion, from issuing a new plenary retail consumption license to a person who operates a hotel or motel containing 50 or more sleeping rooms. Any new license issued under the provisions of this subsection shall not be transferred or renewed except for a premises operated as a hotel or motel containing 50 or more sleeping rooms.
With each original application under this subsection, the applicant shall furnish the Mayor and Council with three detailed and sizeable sketches of the hotel or motel sought to be licensed, showing the designated sleeping rooms, the size of each room, entrances, exits, fire precautionary devices, and the location and nature of all other rooms and businesses in the hotel or motel or hotel or motel premises. Each sketch shall be certified as accurate by an architect licensed to practice in the State of New Jersey. Sleeping room areas shall strictly conform to the requirements of the provisions of this Code applicable to hotels, motels, boarding and rooming houses, and applicable statutes of the State of New Jersey.
[1967 Code § 5-5.1; Ord. No. 07-03]
a. 
Every applicant for a license shall cause a notice of intention to make such application to be published in accordance with the Rules and Regulations prescribed by the Division of Alcoholic Beverage Control of the State of New Jersey.
b. 
Notice of all applications for licenses, for the renewal of licenses, or for the transfer of licenses from place to place or person to person shall be according to the form required by law and by Rules and Regulations prescribed by the State Division of Alcoholic Beverage Control.
[Ord. No. 07-03]
All applications for licenses shall set forth, in full, answers to questions prescribed by the aforesaid Act, and by the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control, and shall include declarations called for by these provisions.
[1967 Code § 5-5.2]
Proof of publication and notice of an application for a license or the renewal or transfer of a license, under the provisions of this chapter, shall be furnished to the Borough Clerk immediately after the second publication and shall be in the form prescribed by the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control.
[1967 Code § 5-6.1]
No alcoholic beverages shall be sold, served, delivered, or consumed on any weekday between the hours of 2:00 a.m. and 6:00 a.m.
[1967 Code § 5-6.1]
Provisions of Subsection 6-5.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between the hours of 2:00 a.m. and 12:00 noon.
[1967 Code § 5-6; Ord. No. 07-03]
Provisions of Subsection 6-5.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered or consumed in the licensed premises until 3:00 a.m.
[1967 Code § 5-6.1]
No alcoholic beverages shall be sold, served, delivered to or consumed in any licensed premises during the following hours:
a. 
If December 24 falls on any weekday except Saturday, sales are prohibited from 2:00 a.m. to 6:00 a.m. and 11:00 p.m. to 6:00 a.m. on December 25.
b. 
If December 24 falls on a Saturday sales are prohibited from 2:00 a.m. to 6:00 a.m. and 11:00 p.m. to 12:00 noon on December 25.
c. 
If December 24 falls on a Sunday, sales are prohibited from 2:00 a.m. to 12:00 noon and 11:00 p.m. to 6:00 a.m. on December 25.
[1967 Code § 5-6.1A]
Notwithstanding the foregoing, on Sundays, the sale of distilled spirits for off-premises consumption shall be permitted only between the hours of 12:00 noon and 10:00 p.m.
[1967 Code § 5-6.2]
No person shall be served alcoholic beverages in any room which is not open to the use of the public generally. This subsection shall not apply to hotels or motels where the entire premises is licensed. In such hotels or motels, guests may be served in their rooms or in public or private dining rooms.
[1967 Code § 5-6.3]
No license or employee of a license shall sell, serve or deliver, directly or indirectly, any alcoholic beverages 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.
[1967 Code § 5-6.7]
During the hours that the sale or service of alcoholic beverages is prohibited, the entire licensed premises shall be closed. This subsection shall not apply to any premises where a restaurant, hotel, motel, bowling alley or similar business is conducted. The foregoing places may remain open during the prohibited hours in order to carry on normal business activities, except for the sale or service of alcoholic beverages. If the premises remains open, however, the bar and any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed.
[1967 Code § 5-6.5]
It shall be the duty of each licensee to display the license certificate issued under this chapter in the licensed premises in such a manner and place that it may be seen by anyone entering the licensed place of business. The license certificate shall be framed and under glass.
[1967 Code § 5-6.6]
No licensee shall permit in any licensed premises any brawl, act of violence, disturbance or unnecessary noise. No licensee shall permit the licensed premises to be conducted in such a manner as to become a nuisance.
[1967 Code § 5-7.1]
No plenary retail consumption license or plenary retail distribution license shall be issued, nor shall any place to place transfer of an existing license be granted, for the sale or service of alcoholic beverages upon premises which are within 700 feet of any existing premises licensed to sell or serve alcoholic beverages under another plenary retail consumption or plenary retail distribution license. The distance shall be measured from the nearest entrance of the nearest licensed premises to the nearest entrance of the premises sought to be licensed along the normal way that a pedestrian would properly walk, as provided by N.J.S.A. 33:1-76.
[1967 Code § 5-7.2]
Subsection 6-7.1 shall not apply in the following cases.
a. 
The renewal or person to person transfer of any plenary retail consumption license or plenary retail distribution license which is in existence on January 15, 1980.
b. 
The transfer of a license to another place within 500 feet of the premises for which the license was granted, measured in the manner provided in Subsection 6-7.1, where the licensee has been forced to vacate the licensed premises for any reason not under his control and which could not have been foreseen when the license was granted. Once a transfer is granted under this section, future transfers of the same license shall only be to a place within 500 feet of the premises initially licensed and vacated. Place to place transfers under the provisions of this paragraph are not a matter of right but shall be granted only in the discretion of the Mayor and Council.
c. 
A licensee who has been permitted to relocate within 700 feet of another licensed premises in accordance with paragraph (b) shall have the same right to expand or enlarge the premises covered by his license as he would have had he remained at the premises initially licensed and vacated.
d. 
Where the licensee has been forced to vacate the licensed premises for any reason not under his or her control which could not have been foreseen when the license was granted, the licensee shall be permitted, in addition to the provisions of paragraph (b) above, to a transfer of the license to another location as long as said location is not closer than 200 feet to any other licensed premises, measured in the manner provided in Subsection 6-7.1. For purposes of this paragraph and paragraph (b) above, the hardship which must exist shall not be construed to include purely financial or economic hardship but rather is intended to encompass only those events unforeseeable which make it unreasonable for the licensee to continue to operate his business out of that location.
[1967 Code § 5-9]
It shall be the duty of the Police Department to enforce all of the provisions of this chapter. It shall further be the duty of the Police Department to enter any licensed premises within the Borough of Bound Brook on a periodic basis to ascertain whether the provisions of this chapter are being violated. It shall further be the duty of the Police Department to immediately report any violation of any provision of this chapter by written report to the Chief of Police who shall immediately notify the Mayor and Council.
It shall further be the duty of the Police Department to immediately arrest any paid entertainer dancing in any suggestive or lewd manner, whether fully clad or scantily clad, in any licensed premises not exempted by Subsection 6-8.2 above.
[1967 Code § 5-10]
Any license issued under this chapter may be suspended or revoked by the Mayor and Council for violation of any of the provisions of this chapter or for violation of any of the provisions of N.J.S.A. 33:1-1 to 33:1-96, and the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control of the State of New Jersey.
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.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[1]
Editor's Note: See Chapter 3, § 3-4, for prohibitions on consumption of alcoholic beverages on school property or a public conveyance or in a public place. See Chapter 3, § 3-5, for prohibitions on possession, consumption of alcoholic beverages by persons under the legal age on private property.
[Ord. No. 07-03]
No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age.
[1967 Code § 5-6.4a; Ord. No. 07-03]
It shall be unlawful for a person under the legal age 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.
No minor shall enter or remain in any liquor licensed establishment unless accompanied by a parent or guardian.
[Ord. No. 07-03]
It shall be unlawful for a person under the legal age 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.
[1967 Code § 5-6.4c]
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 to sell, serve or deliver any alcoholic beverage to a person under the legal age.
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 and in accordance with N.J.S.A. 33:1-81, P.L. 1985, c. 113, shall be punished by a fine of not less than $500. In addition, the Court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in the State for six months beginning on the date he becomes eligible to obtain a license or on the date of conviction, whichever is later. 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 act 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)