[Adopted 5-6-2019 by Ord.
No. 900-2019]
A.
The Borough of Milford wants its restaurants to remain economically
viable and as well as competitive with the restaurants in other municipalities
which permit the BYOB practice while concurrently safeguarding residents,
visitors and patrons through the establishment of BYOB regulations.
B.
The Borough, through the use of permitting requirements and established regulations, will be able to monitor the dispensation of alcohol more effectively through the use of a BYOB licensing structure. As such, the Milford Borough Common Council has determined that it would be appropriate, proper and in the best interest of the residents and visitors to the Borough of Milford to amend Chapter 49, through the addition of regulations permitting BYOB consumption.
The following establishments may offer BYOB and are defined
as follows:
A.
Restaurant: an establishment regularly and principally used for the
purpose of providing meals to the public, having an adequate kitchen
and dining room equipped for the preparing, cooking and serving of
food for its customers and in which no other business, except such
as is incidental to such establishment, is conducted. In order to
qualify as a restaurant, a location shall meet the following conditions:
(1)
A restaurant location must be licensed by the Hunterdon County Health
Department for the sale or service of food or liquid refreshments
that are sold or served to the general public, and for which a license
or permit authorizing the sale and/or consumption of alcoholic beverages
has not been issued (even if such license or permit is suspended or
in the process of being suspended); and
(2)
The location regularly employs a wait staff of at least one server;
and
(3)
The location's wait staff service is not confined exclusively to
a counter; and
(4)
The location's business is primarily engaged in the sale or service
of food or liquid refreshments to the general public.
A.
Indoor premises. The consumption of BYOB alcoholic beverages by patrons
may be permitted in fully enclosed indoor dining areas of the premises.
B.
Outside premises. Outdoor consumption of BYOB alcoholic beverages
may be permitted, provided:
(1)
Ingress and egress to the outdoor area shall be through the interior
of the main facility, if possible.
(2)
If ingress and egress cannot be accommodated through the interior
of the facility, the outdoor area shall have a single, designated
"reception point" at which there shall be stationed an employee, at
least 21 years of age.
A.
Premises allowing patrons to BYOB must comply with all applicable
state, federal and municipal rules, regulations, statutes and ordinances
pertaining to the consumption of wine or malt alcoholic beverages
on premises that are not licensed to sell or serve alcoholic beverages.
B.
Only the consumption of wine and malt alcoholic beverages shall be
permitted.
C.
Any establishment which has been approved to allow the patrons to
bring their own wine or beer may supply glasses, ice, etc., but may
not impose a cover, corkage, or service charge of any kind.
D.
No BYOB establishment or employee shall be permitted to serve, handle,
pour or distribute alcoholic beverages on the premises.
E.
The owner or operator shall not permit the consumption of wine or
malt alcoholic beverages during the hours of 12:00 midnight, prevailing
time, to 12:00 noon, prevailing time.
F.
Persons under the age of 21 years or persons who are visibly or apparently
intoxicated are prohibited from consuming wine or malt alcoholic beverages
and are prohibited from bringing wine or malt alcoholic beverages
onto the premises. No BYOB establishment or employee shall allow,
permit or suffer any alcoholic beverages to be consumed by any intoxicated
person or by any person under the age of 21 years.
G.
Patrons who desire to consume wine or malt beverages on the premises
shall bring such beverages with them to the establishment. No delivery
of alcoholic beverages by any person, including a licensed alcoholic
beverage establishment, shall be permitted.
H.
The owner or operation allowing patrons to bring their own wine or
malt alcoholic liquor shall not allow a patron to bring more than
the following amounts of alcohol to a premises for consumption:
I.
There shall be no consumption of wine or malt alcoholic beverages
by employees of the premises, but only by patrons who are seated for
meal service at a table. No person waiting to be served for service
may consume or possess an open container of an alcoholic beverage
while waiting to be seated for table service.
J.
There shall be no storage of alcoholic beverages on the premises
except that which is utilized in conjunction with cooking and/or food
preparation. Patrons shall not be permitted to deliver alcoholic beverages
to the premises in advance or to leave alcoholic beverages on the
premises to be consumed or to be picked up at a later time. Additionally,
alcoholic beverages shall not be permitted to be stored, displayed
or maintained on a service bar or service table, and must be kept
by the patron at the table at which the patron is seated.
K.
The owner of the premises must mandate that a patron who brings alcohol
to a restaurant under this article take the alcohol with them at the
end of their patronage. Under no circumstances may an owner allow
alcohol to remain on the premises which does not belong to a patron.
For each bottle of alcohol on the premises that does not belong to
a patron, the owner shall be liable for a fine of up to $500 for each
bottle found on the premises.
L.
The New Jersey Alcoholic Beverage Control Act provides that holders
of plenary winery licenses and farm winery licenses may operate retail
outlets within the State of New Jersey. See N.J.S.A. 33:1-10.2a and
N.J.S.A. 33:1-10.2b. These retail salesrooms are commonly referred
to as "outlets," and any retail establishment ("outlet") seeking to
sell alcoholic beverages within the Borough must comply with New Jersey
state laws regulating the service of alcohol. See, e.g., N.J.S.A.
2C:33-27.
Any person or establishment violating this article shall be
subject to any and all fines and penalties set forth under any law
of the State of New Jersey and the Borough of Milford. In addition
to any fine or penalty set forth by the State of New Jersey and the
Borough of Milford, the Borough of Milford may impose a fine of up
to $500 per violation and revocation of the license and/or permit
to operate a BYOB establishment within the Borough. Each bottle found
at the public location shall be considered a separate and distinct
violation.
Any restaurant that opts to be a BYOB under this article irrevocably
consents to allow the designated agent(s) authorized with enforcing
compliance with all plenary licensing laws and their designees to
conduct random inspections of BYOB restaurants to ensure compliance
with this article.
A.
Any establishment seeking to be allowed to have their patrons bring
their own malt alcoholic beverages or wine must apply to the Borough
on an application form supplied by the Borough for permission to allow
that service to be offered to their customers.
B.
Forms of the application should provide such information as the Borough
determines and at a minimum shall provide for the name and address
of the entity seeking such permission, the owner(s) of such entity,
and the lot and block upon which the entity is located, in addition
to any such other information as determined by the Milford Borough
Common Council.
A.
The initial review fee to apply for such a BYOB permit is as follows:
(1)
Indoor premises BYOB consumption. There shall be no initial review
fee to apply for a BYOB permit for BYOB consumption within an indoor
premises area.
(2)
Outside premises BYOB consumption. For BYOB consumption within an
outside premises area, there shall be a one-time, nonrefundable filing
fee of $100.
B.
Following a satisfactory inspection of the premises by the Milford Borough Zoning Officer regarding applicant's compliance with the requirements as set forth herein in this Article IV, the Milford Borough Common Council shall adopt a resolution allowing the consumption of wine or malt alcoholic beverages. Upon Council's passage of an authorizing resolution, the applicant shall not be required to pay an annual permit fee for either indoor premises BYOB consumption or outside premises BYOB consumption.
C.
The term for which the initial permit is issued shall commence upon
the date of approval by the Mayor and Borough Common Council and remain
in effect until June 30 of the year following the approval of this
article. Thereafter, all annual renewal periods shall commence on
July 1 and remain in effect until June 30 of the following year.
Under no circumstances may a permit allowing BYOB be transferred
in either the ownership and/or location without the approval of the
Mayor and Borough Common Council. Under all circumstances, the permit
shall cease and terminate under such transfer. Nothing herein prevents
a new or subsequent applicant from applying for a new BYOB permit
for such premises.
Notwithstanding anything contained herein, a violation of this
article may result in revocation of the permit to allow the consumption
of wine and malt alcoholic beverages.
Should any paragraph, section, part of any section, or any clause
or phrase of this article for any reason be held to be invalid or
unconstitutional by a court of competent jurisdiction, such decision
shall not affect the remaining provisions of this article, and shall
remain in full force and effect, and to that end the provisions of
this article are hereby declared to be severable.
All ordinances of the Borough of Milford which are inconsistent
or in conflict with the provisions of this article are hereby repealed
to the extent of such inconsistency.
This article shall supersede and replace any other provisions
of the Code of the Borough of Milford, now or later enacted, which
have or may be construed to have differing or contrary terms or conditions
relating to the subject matter of this article. This article is not
intended to alter the current, or alter enacted amendments to the,
Borough Zoning/Land Use Code.
This article shall become effective upon passage and publication
as required by law.
