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.
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.
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.