Town of Westfield, NJ
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[G.O. No. 878, § 2; G.O. No. 1160, § 1; amended 6-3-2014 by G.O. No. 2017]
The annual fees that shall be charged by the Town Council pursuant to this chapter are hereby fixed as follows:
(a) 
For each plenary retail consumption license, $2,400.
(b) 
For each plenary retail distribution license, $1,440.
(c) 
For each limited retail distribution license, $63.
(d) 
For each club license, $188.
[G.O. No. 878, § 3; G.O. No. 1283, § 1; G.O. No. 1325, § I; G.O. No. 1359, § I; G.O. No. 1516, § 1; ; amended 6-3-2014 by G.O. No. 2017]
The number of licenses that shall be granted by the Town Council are hereby fixed as follows:
(a) 
Not more than 10 plenary retail consumption licenses shall be granted, one of which shall be reserved for a "hotel conditional license" and five of which shall be reserved for "restaurant conditional licenses."
(b) 
Not more than seven plenary retail distribution licenses shall be granted.
(c) 
Not more than six limited retail distribution licenses shall be granted.
(d) 
Club licenses may be granted from time to time on application, provided the Town Council is satisfied that such licensed club is a bona fide organization.
[G.O. No. 878, § 4; G.O. No. 1282, § 1; amended 6-3-2014 by G.O. No. 2017]
One hotel conditional license may be issued to the owner or operator of a bona fide hotel or motel or to the owner or operator of a bona fide restaurant as defined in N.J.S.A. 33:1-1(t) of the Revised Statutes which is located within the same building or structure as a hotel or motel; 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 motel or owning or operating such a bona fide restaurant within the same building or structure as the hotel or motel at the same location or such other approved location.
(b) 
Any such license for or transferred to a hotel or motel owner or operator or to a person owning or operating a bona fide restaurant located within the same building or structure as the hotel or motel shall remain in force only so long as a bona fide hotel or motel is actually being operated at such location and such license shall be revoked should the hotel or motel cease operating as such at such a location. A bona fide hotel or motel shall only be one whose main business is renting of rooms to transients with hotel service. The Town Council shall have the full right to determine what is a bona fide hotel or motel as referred to in this section and the decision of the Council shall be final.
(c) 
On any premises licensed under this section there shall be no public bar but only a service bar or bars and no service, sale or consumption of alcoholic beverages shall be permitted except with meals served to customers seated at tables in the room or rooms regularly furnished and used as dining room space. The word "tables," as used in this section, shall not include such tables as are flanked by high-backed benches commonly known as "booths." There shall be no sale or service of alcoholic beverages by the licensee to guests of the hotel or motel in their rooms as is commonly known as "room service." The licensed premises shall include only that portion of the hotel or motel 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. Nothwithstanding the aforesaid, a premises licensed under this section may provide tables at which alcoholic beverages may be served without meals for the use or patrons waiting to be seated at regular dining tables; provided that the area allocated to such tables within the restaurant does not constitute more than 10% of the floor space of the premises devoted to dining and that the seating capacity of such tables does not exceed 10% of the seating capacity of the entire restaurant. Each seat at tables provided for this purpose shall be included in computing the floor space required by this section for obtaining such license. Nothwithstanding any provisions herein to the contrary, if the hotel or motel contains conference or meeting rooms which are contiguous to and have access from the regular restaurant facilities and which are or may be used from time to time for private meetings, conferences, parties or other similar occasions, alcoholic beverages may be served to persons attending such private meeting, conference or party by the licensee, without the requirement that such alcoholic beverages be served only to customers seated at tables in the room or rooms regularly furnished and used as dining room space, provided that such conference or meeting room shall not be used for or by patrons waiting to be seated at regular dining tables in the restaurant. Such conference or meeting room shall be considered part of the licensed premises if so requested by the licensee.
(d) 
Any such licensee shall, as a condition of obtaining and retaining such license, operate the licensed premises as a bona fide restaurant and shall serve or cause to be served three meals a day, being breakfast, lunch and dinner and shall be open for business a minimum of six days per week for a minimum of 48 weeks per year. In lieu of serving three meals a day on Saturday and Sunday, the licensee may serve one meal prior to mid-day known as "brunch." Such license shall be revoked should the holder thereof cease operating such bona fide restaurant.
(e) 
There shall be at least 12 square feet of floor space in the dining area for each seat and the consumption of said dining area shall not include any space used for kitchen, pantry, storage, restrooms or any other purpose than dining. After initial approval, such licensed premises shall not be altered or rearranged without first obtaining approval of the Town Council.
(f) 
There shall be located on the licensed premises adequate washrooms and toilet facilities solely for the purpose of service to the customers of the restaurant, one for men and one for women. For the first 150 seats or fraction thereof in the dining room area, the men's lavatory shall contain two water closets, one urinal and one wash basin. For the first 150 seats or fraction thereof in the dining room area, the women's lavatory shall contain two water closets and one wash basin. For each additional 75 or fraction thereof in dining seating capacity over 150, there shall be one additional water closet required in each of said lavatories. For each additional 100 or fraction thereof in dining seating capacity over 150, there shall be an additional wash basin required in each lavatory. The entrances to such lavatories shall be suitably screened from public view.
(g) 
There shall be suitable facilities on the licensed premises for temporary storage of coats, hats, umbrellas, overshoes and other items of clothing outside the dining area.
(h) 
The gift or sale of food or any alcoholic beverages below cost or the offering in any manner whatsoever of any other inducement by the licensee, his servants, agent or employees to encourage the consumption of alcoholic beverages is hereby prohibited.
(i) 
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 food stuffs, 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. In the event that inspection of the records of any licensee discloses that over 50% of the gross receipts are derived from the sale of alcoholic beverages, the licensing body may in its discretion revoke the license.
(j) 
The Town Council shall further have the right to decline to issue such license, 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 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.
(k) 
Any license issued under this section shall bear the notation "Hotel Conditional License."
[G.O. No. 878, § 5; G.O. No. 885, § 1; G.O. No. 127, § 1; G.O. No. 1283, § 2; G.O. No. 1516, § III; G.O. No. 1618, § I; amended 6-3-2014 by G.O. No. 2017]
Five 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.
(b) 
A premises licensed under this section may provide tables at which alcoholic beverages may be served without meals for the use of patrons waiting to be seated at regular dining tables; provided that the area allocated to such tables within the restaurant does not constitute more than 10% of the floor space of the premises devoted to dining and that the seating capacity of such tables does not exceed 10% of the seating capacity of the entire restaurant. Each seat at tables provided for this purpose shall be included in computing the floor space required by this section and shall also be included in the total seating capacity required by this section to meet the requirement for obtaining such license.
(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 15 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.
(4) 
Lavatories.
a. 
Men's lavatory. For the first 75 seats or fraction thereof in the dining room area, the men's lavatory shall contain one water closet, one urinal and one wash basin. For each additional 75 or fraction thereof in dining capacity over 75, there shall be one additional water closet required in the men's lavatory.
b. 
Women's lavatory. For the first 150 seats or fraction thereof in the dining room area, the women's lavatory shall contain two water closets and one wash basin. For each additional 75 or fraction thereof in dining seating capacity over 150, there shall be one additional water closet required in the women's lavatory.
c. 
Both lavatories. There shall be an additional wash basin in each lavatory for each 75 seats or fraction thereof above 150.
d. 
Miscellaneous. The entrances to such lavatories shall be screened from public view.
e. 
There shall be suitable facilities on the licensed premises for temporary storage of coats, hats, umbrellas, overshoes and other items of clothing outside the dining area.
(d) 
The gift or sale of food or any alcoholic beverages below cost or the offering in any manner whatsoever of any other inducement by the licensee, his servants, agents or employees to encourage the consumption of alcoholic beverages is hereby prohibited.
(e) 
The licensee shall keep and maintain an accurate record of all sales, sufficient to disclose what receipts were derived from the sale of alcoholic beverages and what receipts from foodstuffs, which record shall be open to inspection at any time by the licensing body or its representative, and may be kept under its supervision as directed, if desired. In the event that inspection of the records of any licensee discloses that over 50% of the gross receipts is derived from the sale of alcoholic beverages, the licensing body may, in its discretion, revoke the license.
(f) 
Any such license issued under this section for, or transferred to, a restaurant shall only remain in force so long as the premises licensed are being actually operated as such a bona fide restaurant, and so long as such premises are not altered or rearranged without first obtaining approval of the Town Council, and such license shall be revocable should the owner thereof cease from operating such restaurant, or alter or rearrange the licensed premises without obtaining the necessary approval.
(g) 
Any license issued under this section shall be subject to all the conditions of this section. The Town Council shall have the sole right to determine what is a bona fide restaurant as referred to in this section, and the decision of the Council shall be final. The Town Council shall further have the right to limit the number of licenses granted under this section to fewer than five, 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 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.
(h) 
Any license issued under this section shall bear the notation "Restaurant Conditional License."
[G.O. No. 878, § 7; amended 6-3-2014 by G.O. No. 2017]
All licenses under this chapter 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 as prescribed by the Director of the Division of Alcoholic Beverage Control in the state.
[G.O. No. 878, § 6; G.O. No. 1314, § 1; G.O. No. 1654, § 1; amended 6-3-2014 by G.O. No. 2017; 3-12-2019 by G.O. No. 2126; 4-9-2019 by G.O. No. 2131]
(a) 
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 on the licensed premises between the hours of 1:00 a.m. and 6:30 a.m.; provided that on the first day of January such sales may be made up to 3:00 a.m.
(b) 
No 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 retail licensed premises, before 9:00 a.m. or after 10:00 p.m., except that no such licensees may sell or deliver, or allow, permit, or suffer the sale or delivery of wine or malt 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 retail licensed premises, before 6:30 a.m. or after 12:00 midnight, provided that on the first day of January such sales may be made up to 3:00 a.m.
[1]
Editor's Note: Former § 4-7, Major portion of licensed premises to be on ground floor of building, G.O. No. 878, § 7, as amended, was repealed 3-22-2016 by G.O. No. 2061.
[G.O. No. 878, § 7; amended 6-3-2014 by G.O. No. 2017]
No licensee under this chapter 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.
[G.O. No. 878, § 7; amended 6-3-2014 by G.O. No. 2017]
No licensees under this chapter shall engage in, allow, permit or suffer any poolselling, bookmaking or any playing for money or any unlawful game or gambling of any kind or any device or apparatus designed for any such purpose on or about the licensed premises.
[G.O. No. 878, § 7; amended 6-3-2014 by G.O. No. 2017]
No licensee under this chapter shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine, or any mechanical game to be operated by the insertion of coins which may or could be used for the purpose of playing for money or other prizes.
[G.O. No. 973, § 1; G.O. No. 1064, § 1; amended 6-3-2014 by G.O. No. 2017]
(a) 
No person shall engage in the occupation of "bartender" on any premises or for any licensee operating subject to this chapter under a plenary retail consumption license until such person's photograph and fingerprints are placed on file with the Police Department of the Town. A normal record check will be conducted by the Police Department and the Chief of Police shall approve or disapprove the issuance of a "bartender's" license. Any applicant denied such a license by the Chief of Police shall have the right to appeal such denial to the License Committee of the Town Council. Such license shall be issued by the Town Clerk after approval by the Chief of Police and shall be renewable not later than January 15 of each year.
(b) 
No holder of a plenary retail consumption license shall employ a person as bartender until such time as such person shall produce satisfactory evidence of his compliance with Subsection (a) of this section.
[G.O. No. 1175, § 1; amended 6-3-2014 by G.O. No. 2017]
All new licenses issued by the Town Council pursuant to this chapter shall be authorized only by a duly adopted ordinance of the Town Council.
[G.O. No. 1282, § 3; G.O. No. 1365, § I; amended 6-3-2014 by G.O. No. 2017]
Except as provided otherwise herein, no holder of a plenary retail consumption license, conditional or otherwise, shall permit, allow or suffer any dancing on or about the licensed premises by patrons or customers thereof or by any other person as an exhibition or show. Except as provided otherwise herein, no holder of a plenary retail consumption license, conditional or otherwise, shall permit, allow or suffer any entertainment by or for the benefit of patrons or customers except such entertainment as may be provided by up to five musicians or by a device or system designed to amplify or reproduce sound by a mechanical or electronic means. A holder of a plenary retail consumption license, conditional or otherwise, may permit, allow or suffer dancing by patrons or customers, but not by any other persons as an exhibition or show, if the portion of the licensed premises utilized for serving food at tables exceed 5,000 square feet in area, and if such licensed premises has a regular seating capacity at one sitting of at least 200 persons at tables for the serving of food. A holder of a plenary retail consumption license, conditional or otherwise, may permit, allow or suffer entertainment by more than five musicians for listening or dancing by patrons or customers, if the portion of the licensed premises utilized for serving food at tables exceeds 5,000 square feet in area, and if such licensed premises has a regular seating capacity at one sitting of at least 200 persons at tables for the serving of food.