[Ord. No. O-2-12]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Town of Morristown in accordance with
the provisions of an Act of 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 et seq., and in accordance with the rules and regulations
of the Director of the Division of Alcoholic Beverage Control.
[Ord. No. O-2-12]
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 and the following meanings:
A person paid wages by the licensee and who is listed on
the official list of employees of the licensed premises as required
to be maintained by N.J.A.C. 13:2-23.13 or any amendments thereto.
[Ord. No. O-2-12]
All applications for license, all licenses issued, 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. O-2-12]
All licenses required by this chapter shall be issued by the
Governing Body, which shall also administer the provisions of this
chapter.
[Ord. No. O-2-12]
No person shall sell or distribute alcoholic beverages within the Town without having obtained a license in accordance with the Act referred to in § 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[Ord. No. O-2-12]
The classes and maximum number of licenses to be issued by the
Town are hereby fixed as follows and the annual fees of licenses for
the sale or distribution of alcoholic beverages in the Town shall
be as follows:
|
Class of Licenses
|
Annual License Fees
|
Number of Licenses*
|
|---|---|---|
|
Plenary retail consumption licenses
|
$2,500
|
25**
|
|
Plenary retail distribution licenses
|
$2,000
|
14
|
|
Limited retail distribution
|
N/A
|
0
|
|
Club licenses
|
$150
|
6
|
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
|
a.
Not more than 25 plenary retail consumption licenses shall be granted
or outstanding at the same time, provided, however, that this subsection
shall not prohibit the issuance of a plenary retail consumption license
for use in connection with the operation of a hotel or motel containing
at least 100 guest sleeping rooms.
[Ord. No. O-2-12]
No alcoholic beverages shall be sold, delivered or served to
or consumed in any licensed premises on any day between the hours
of 2:00 a.m. and 7:00 a.m. except Sundays and New Year's Day each
year as hereinafter provided.
[Ord. No. O-2-12]
Provisions of Subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 12:00 noon.
[Ord. No. O-2-12]
The provisions of Subsection 6-4.1 shall not apply on New Year's Day. On New Year's Day, no alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between the hours of 3:00 a.m. and 7:00 a.m.
[Ord. No. O-2-12]
Nothing herein shall be construed to permit the sale, service,
distribution, delivery or consumption of alcoholic beverages at any
time or times prohibited by any law of the State of New Jersey or
any rules or regulations of the State Department of Alcoholic Beverage
Control.
[Ord. No. O-2-12]
a.
During the hours when sales of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee; provided, however, that such requirement
for the closing of the premises shall not apply to bona fide hotels
or restaurants as defined in N.J.S.A. 33:1-1 (t) and to clubs eligible
for a club license under N.J.S.A. 33:1-12(5) and to other establishments
where the principal business is other than the sale of alcoholic beverages.
b.
Hotels; restaurants; clubs and bowling alleys. In hotels, bowling
alleys and restaurants and in clubs entitled to club licenses under
the law and State rules and regulations, the room in which alcoholic
beverages are kept for sale, commonly known as the barroom, must be
kept closed and securely locked during the prohibited time and the
licensee and any of his employees or any other person shall not enter
or be allowed to enter therein. In a restaurant having no room commonly
known as a barroom but having a bar located within the room in which
the food is served, the bar, during such prohibited time, must be
completely screened by an open grill of not more than three-inch mesh
or open ironwork approved by the license committee to a height of
not less than four feet above the level of the bar, and all approaches
to the bar must be securely locked. A "restaurant" shall be defined
as an establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room kept for the purpose of preparing, cooking and serving food and
in which dining room food is served at tables by waiters who are other
than the person known as the bartender.
[Ord. No. O-2-12]
No licensee or employee of a licensee 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.
[Ord. No. O-2-12]
a.
Premises to be kept clean at all times. Licensed premises shall at
all times be kept in a safe, clean and sanitary condition. All rooms,
passageways, entrances, exits and stairways shall be kept lighted.
b.
Loud noises prohibited. The public peace, decency and good order
shall be maintained at all times in and about the licensed premises.
No music or musical machine shall be operated in and about the licensed
premises in a loud and noisy manner or in such manner as to disturb
anyone off the licensed premises.
c.
Inspection.
1.
No license shall be granted or transferred unless and until the premises
desired to be licensed have been inspected by the Chief of Police
or such other officer as the Town Council may designate and approve.
If the applicant fails to abide by any directions for a change in
the premises, the application shall be denied. No licensee shall alter
any licensed premises without the approval of the Chief of Police,
approved by the Town Council.
2.
All licensed premises shall at all reasonable times be open to the
inspection of the Town Council or any member of the Police Department,
and the licensee and his agents, servants and employees shall admit
any such official freely and promptly on demand.
[Added 10-14-2020 by Ord.
No. O-30-2020]
Any outside area of a licensed premises that is used for the
service of food and/or drinks shall open no earlier than 7:00 a.m.
and close no later than 11:00 p.m. on every day of the week. Within
30 minutes of the closing of the outside area, the licensed premises
shall make sure that all furniture, apparatus, decorations and appurtenances,
and any other items used in connection with the operation of the outside
area, are stacked and stored in a safe and secure location.
[Ord. No. O-2-12]
Notice to all applications for licenses, for renewal of license
or for transfer from place to place or from person to person shall
be according to form and duly made as required by law and the State
rules and regulations governing the subject matter.
[Ord. No. O-2-12]
Proof of publication and notice of application for a license,
or the renewal and transfer thereof, shall be furnished by the local
issuing authority forthwith upon second publication thereof and shall
be in form as prescribed by State rules and regulations.
[Ord. No. O-2-12]
Photographs of the front and all other entrances of the building
for which a license is sought, must be submitted with the application
for the license. Such photographs shall measure not less than five
inches by five inches.
[Ord. No. O-2-12]
a.
The Governing Body, upon written objection duly signed by an objector
and setting forth the grounds for the objections to the issuing, renewing
or transferring of any license, immediately shall afford a hearing
on all charges, fix a date thereof and forthwith notify the applicant
and the objectors of the date, hour, and place of hearing.
b.
The Governing Body shall be required to obtain from the Police Department
a record of any and all previous violations and complaints for the
last seven years which may have been issued against the applicant.
Said prior violations and complaints shall be read into and made a
part of the applicant's record by the Governing Board and may be considered
by the Governing Body in its discretion when deliberating upon the
issuance of a transfer or renewing a license.
c.
Pursuant to N.J.A.C. 13:2-7.6, the date fixed for such hearing shall
not be less than five days nor more than 14 days after the second
notice has been published. For good cause, the Governing Body, in
the exercise of its sound and fair discretion, may fix a date later
than such 14 days, and may also adjourn the hearing from time to time.
d.
No hearing need be held if no objections shall be lodged.
[Ord. No. O-2-12]
If any licensee should desire to transfer a license from the
name of a present holder to another person, the holder of the license
shall file due notice to that effect in writing with the Municipal
Clerk, accompanied by a written application of the person to whom
the license is to be transferred, and also accompanied by the required
transfer fee and other necessary credentials. These papers shall remain
on file at least five days, except as hereinafter provided, after
which a date shall be fixed for a hearing before the Governing Body
on such transfer of license. Due notice of such hearing shall be given
to the parties in interest. At such hearing the local issuing authority
shall inquire as to the reasons and purposes for such transfer and
into the character, qualifications and fitness of the person to whom
the license is intended to be transferred. After such hearing the
Governing Body shall make its determination. If such determination
is favorable to the application, then the license shall be duly transferred
upon the parties' meeting the required qualifications, including newspaper
advertisements and proof thereof, and any requirements of the Statute
or the rules and regulations of the Director and of Department of
Law and Public Safety, Division of Alcoholic Beverage Control. If
the Governing Body, after hearing, shall deny the application for
transfer, it shall cause to be set up in its minutes the reason for
such denial.
[Ord. No. O-2-12]
Every applicant for a transfer from place to place shall make
a sworn application on a form furnished by the Governing Body, setting
forth all information required under such form with relation to the
subject matter.
[Ord. No. O-2-12]
a.
Every applicant for a new license or transfer of a license from place
to place shall give written notice of such application, at least five
days prior to newspaper publication of second notice of application,
to all owners of property within 200 feet of the premises sought to
be licensed.
b.
The 200 feet referred to in this section shall be measured in a direct
line from the nearest point on the premises sought to be licensed
to the nearest point of the other premises. Any other premises falling
within such distance, in part or in whole, shall be deemed to be within
such 200 feet for the purpose of this Title, all as indicated on a
map showing these facts. Such map shall be filed with the Governing
Body before hearing.
[Ord. No. O-2-12]
a.
The notice required by Subsection 6-6.3 shall be worded the same as the newspaper notice and shall be served upon the property owner, either personally or by leaving it addressed to him/her at his/her usual place of abode or by mailing it registered or certified mail to his/her last known address. Service upon any partner, if the owner is a partnership, or upon an officer or statutory agent, if the owner is a corporation, will constitute service as required by this Title.
b.
For the purposes of this Title and in the event the applicant does
not know the names and addresses of the property owners, or has no
means of acquiring such knowledge, then the names and addresses of
the property owners so to be notified may be taken as shown on the
most recent Town tax list.
[Ord. No. O-2-12]
Proof of service referred to in Subsection 6-6.3 shall be made to the local issuing authority by affidavit of the applicant setting forth the addresses of the other properties affected, the names of the owners thereof, the address at which each owner was served, the method and date of each service and the method of ascertaining such name and address.
[Ord. No. O-2-12]
Every applicant for a new license or for a transfer from place
to place shall place or cause to be placed, at least five days prior
to newspaper publication of second notice of application, on or about
the premises sought to be licensed, in full view of the street, a
sign 24 inches high by 18 inches, wide, which shall be worded the
same as the newspaper notice provided, however, that if the applicant
is a corporation the names of only the President, Vice President,
Secretary and Treasurer need appear upon the sign. Such sign shall
be so maintained until the granting or denial of the application by
the Governing Body. Proof of the installation of such sign shall be
made to the Governing Body by affidavit of the applicant setting forth
the wording of the sign, the address of the premises sought to be
licensed, the place of installation of the sign, the date on which
the sign was erected and stating that the sign will be maintained
pending disposition of the application. Such proof shall be filed
with the Governing Body at the time of the hearing on the application.
[Ord. No. O-2-12]
An application for a transfer from place to place shall meet
the requirements of publication and the form in relation thereto and
due proof thereof shall be filed, all as required by the Rules and
Regulations of the State Department of Law and Public Safety, Division
of Alcoholic Beverage Control of the State.
[Ord. No. O-2-12]
The term "renewal" when used in this chapter shall be construed
in the manner set forth in N.J.S.A. 33:1-96.
[Ord. No. O-2-12]
All licenses qualified for renewal are subject to renewal at
the discretion of the Governing Body annually as of the first day
of July in each year.
[Ord. No. O-2-12]
All applications for renewals shall be submitted in writing
upon forms furnished by the Municipal Clerk. All questions on the
form so provided must be answered, duly sworn to, and the application
be filed with the Municipal Clerk in the manner and subject to the
conditions required by law.
[Ord. No. O-2-12]
The renewal of such license shall be made only after an investigation
of the application and the approval of the application by the Governing
Body.
[Ord. No. O-2-12]
a.
In the event any application for the renewal of license shall be
questioned by the Governing Body for any reason or in the event that
an objection shall be filed in opposition to the application, then
the applicant for renewal of such license shall be given notice of
the reasons of the Governing Body or of the objector and a day shall
be set for a hearing before the Governing Body upon due notice to
the applicant of the day of hearing in order that the applicant may
be afforded an opportunity to show cause why the application should
be granted.
b.
If, after hearing, the Governing Body is of the opinion that the
application for the renewal of license shall not be granted, it shall
refuse to grant renewal, setting forth reasons for refusal in the
minutes of its meeting.
[Ord. No. O-2-12]
Each license so renewed by the Governing Body shall be dated
as of the time so issued, shall run for the term of the current license
period and shall be duly signed by Municipal Clerk.
[Ord. No. O-2-12]
Every corporation applying for a license, transfer, renewal
of a license or change in corporate ownership in the Town must answer
the form of application furnished by the Municipal Clerk in every
detail, including, if required, the names and addresses of all stockholders,
officers and members of the Board of Directors of such corporation
and the percentage of stock held by all stockholders.
[Ord. No. O-2-12]
It shall be the duty of each licensee to display the license
certificate in the licensed premises in such manner and place that
it may be seen by anyone entering the licensed place of business.
The license certificate shall be framed under glass.
[Ord. No. O-2-12]
a.
All disciplinary proceedings against the licensee for the violation
of the State Alcoholic Beverage Law, the Rules and Regulations of
the Director of the Division of Alcoholic Beverage Control of the
State or of the provisions of this chapter and any supplements or
amendments thereto, all relating to the proper control of the sale
of alcoholic beverages, shall be upon written notice and hearing,
all as described by the Statute or the rules and regulations of the
Division of Alcoholic Beverage Control.
b.
In all disciplinary proceedings where the licensee is not the owner
of the building wherein the licensed premises are located, the notice,
in form as prescribed by the rules and regulations of the Division
of Alcoholic Beverage Control, shall be mailed to the owner of the
building wherein the licensed premises are located, to which notice
shall be attached a true copy of a notice given to the licensee. This
latter notice puts the owner on guard and advises him/her that the
licensed premises may, at the discretion of the Governing Body, be
declared ineligible to become the subject of a further license for
the period of two years, in accordance with the provisions of N.J.S.A.
33:1-31. A five day written notice advising of the charges made against
the premises and the date set for hearing, shall be mailed to the
owner, addressed to the last known address of the owner. If no such
address can be ascertained, then such notice shall be mailed to the
licensed premises.
[Ord. No. O-2-12]
a.
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter, any provisions
of any applicable statute or any of the rules and 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.
[Ord. No. O-2-12]
a.
Any
holder of a Plenary Retail Consumption License who desires to retire
a license shall file written notice of the desire with the Governing
Body. The notice shall be notarized and shall at least include the
name of the licensee, the address of the licensee, the license number,
the date the licensee acquired the license and the last date the license
was active.
b.
Any
contracts to be entered into pursuant to this section for the purpose
of acquiring and retiring Plenary Retail Consumption Licenses shall
be subject to approval by resolution of the Governing Body.
c.
As
soon as possible after December 31, of each year, each licensee whose
application had been approved, and who has entered into a contract
with the Town of Morristown pursuant to these provisions shall receive
a sum not in excess of the statutory amount as payment in full for
the license.
d.
No
licensee may submit an application to retire a Plenary Retail Consumption
License unless all Federal, State and local taxes have been paid,
and all outstanding municipal obligations have been satisfied or a
satisfactory agreement has been entered into providing for the satisfaction
of these obligations upon the Town of Morristown's acquisition and
retirement of the licenses.
e.
If
at the end of the final year in which the additional license fees
authorized by this section are in effect, the total additional revenue
derived in all years from such increase shall exceed the amount expended
for the acquisition and retirement of licenses, such excess shall
be rebated pro rata to the then current licensees, who paid such additional
license fees or credited against the license renewal fee next payable
by such licensees.
[Ord. No. O-2-12]
As used in this section:
That age established pursuant to N.J.S.A. 9:17B-1, and as
same may be amended and supplemented by the legislature of the State
of New Jersey. (Commonly known as the legal age to purchase and consume
alcoholic beverages.)
[Ord. No. O-2-12]
These are specifically set forth to prohibit so-called "18 to
enter 21 to drink" nights or similar events, which may encourage underage
drinking.
a.
No underaged person(s) shall be allowed in any premises where alcoholic
beverages are sold or served under a retail consumption license after
10:00 p.m. prevailing time, unless accompanied by their parent or
guardian.
b.
Establishments licensed under a retail consumption license may allow
persons age 18 to 21 to enter on so-called "no alcohol nights" only
when all alcoholic beverages, including beer, wine, wine-coolers,
hard liquors, liqueurs or any other beverages containing alcohol,
are out of view of the public and stored in locked storage areas at
all times.
[Ord. No. O-2-12]
No underaged person shall purchase or attempt to purchase or
have another purchase for them any alcoholic beverage on any premises
licensed for the sale or consumption of alcoholic beverages.
[Ord. No. O-2-12]
No person shall purchase or attempt to purchase alcoholic beverages
for an underaged person(s). It shall be unlawful for any person to
induce or attempt to induce any licensee or employee of any licensee
to sell, serve or deliver alcoholic beverages to an underaged person(s).
[Ord. No. O-2-12]
No person shall misrepresent his age or the age of another person
for the purpose of inducing any licensee or their 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 this section.
[Ord. No. O-2-12]
Any parent or guardian of an underaged person(s) who accompanies
such underaged person(s) into a premises where alcoholic beverages
are served and who permits the underaged person(s) to possess or consume
alcoholic beverages shall be presumed to have misrepresented the age
of the underaged person(s).
[Ord. No. O-2-11]
No person under the legal age shall possess, serve, sell or
consume any alcoholic beverage in any public place within the Town.
[Ord. No. O-2-12]
It shall be unlawful for:
a.
A person under the legal age for purchasing alcoholic beverages 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; or
b.
A person under the legal age for purchasing alcoholic beverages 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; or
c.
Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purposes of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his/her
age have the right to purchase and consume alcoholic beverages.
|
Any person who shall violate any of the provisions of this subsection
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, in accordance with N.J.S.A. 33:1-81, as amended, 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 this State for six months beginning on the date he/she
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)
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