[HISTORY: Adopted by the City Council of the City of Orange
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-69 by Ord. No. 129-69]
All premises for which a license is sought from the Board of
Alcoholic Beverage Control shall comply with all of the laws of the
state and of the city pertaining to sanitation and health, as well
as with all the laws of the state and the city pertaining to the licensed
premises generally and to the use and occupancy of the licensed premises.
[Amended 5-18-82 by Ord. No. 16-82]
Alcoholic beverages may be sold to be consumed on any premises
licensed under this Article, during the hours when the licensed premises
may be opened as described in this Article, at a bar, counter or similar
contrivance so long as such bar, counter or similar contrivance is
used for the conduct of the business in the licensed premises and
is used for drinking purposes.
[Amended 4-6-1976 by Ord.
No. 21-76; 6-3-1981 by Ord. No. 33-81; 8-3-1982 by Ord. No. 28-82; 9-3-1985 by Ord. No. 38-85; 10-20-1992 by Ord. No. 21-92; 10-3-95 by Ord. No. 22-95]
A.
Hours of sale. No licensee under this chapter shall sell, serve,
deliver or allow, the consumption of any alcoholic beverages on licensed
premises on weekdays and Saturdays between the hours of 2:00 a.m.
and 7:00 a.m., and on Sundays between the hours of 2:00 a.m. and 12:00
noon, except New Year's Day, January 1st of each year, when it shall
be allowable for alcoholic beverages to be sold for sale, or given
away during the hours of 2:00 a.m. and 5:00 a.m.
B.
Hours of operation. No licensee under this chapter shall remain open
for business for any purpose on licensed premises on weekdays and
Saturdays between the hours of 2:00 a.m. and 7:00 a.m., and on Sundays
between the hours of 2:00 a.m. and 12:00 noon, except New Year's Day,
January 1st of each year, when it shall be allowable for alcoholic
beverages to be sold, offered for sale, or given away during the hours
of 2:00 a.m. and 5:00 a.m.
[Amended 5-17-2022 by Ord. No. 27-2022]
No licensee under this chapter or agent or other employee connected
with or employed by or to be connected with or employed by the licensee
shall sell, serve, deliver or allow, permit or suffer the sale, service
or delivery of any alcoholic beverage, directly or indirectly, or
allow, permit or suffer the consumption of alcoholic beverages by
any of the following persons on the licensed premises:
No licensee under this Article or his servant, agent or employee
shall suffer or permit any form of gambling whatsoever on the licensed
premises, nor shall any licensee or servant, agent or employee suffer
or permit the storing or caching of any gambling device, lottery or
number slip in and about the licensed premises, and no licensee or
his servant, agent or employee shall have possession of, ownership
or custody of any gambling device, lottery or number slip.
No licensee under this Article or his servant, agent or employee
shall allow, permit or suffer in or upon the licensed premises any
disturbance, brawl or unnecessary noise or suffer or permit the licensed
premises to be conducted in such a manner as to become disorderly.
[Amended 5-18-82 by Ord. No. 16-82]
No person under the legal age shall have, possess, distribute,
give away, transport or consume any alcoholic beverage in or upon
any public highway, street, road, alley, avenue, park, common, public,
stadium, playground, municipal parking area, public building, theater,
quasi-public places or any public conveyance.
A.
It shall be unlawful for a minor to enter any premises licensed for
the retail sale of alcoholic beverages for the purpose of purchasing
or having served or delivered to him any alcoholic beverage.
B.
It shall be unlawful for a minor to consume any alcoholic beverage
on premises licensed for the retail sale of alcoholic beverages or
to purchase or have another purchase for him any alcoholic beverage,
whether on or off such licensed premises.
It shall be unlawful for a person to misrepresent or misstate
his age or the age of any other person for the purpose of inducing
any retail licensee or an employee of a retail licensee to sell, serve
or deliver any alcoholic beverage to a minor.
A.
The classes of licenses to be issued by the city and the fees to
be paid the city for the same are hereby fixed and classified as follows:
[Amended 6-16-81 by Ord. No. 35-81; 5-18-1982 by Ord. No.
16-82]
B.
A club eligible to receive a license under the provisions of this
Article shall be an organization, corporation or an association having
at least one hundred (100) members operating solely for benevolent,
charitable, fraternal, social, religious, recreational, athletic or
other similar purpose, and not for private gain, and which has been
in existence for at least ten (10) years continuously immediately
prior to the date of the application for such license, and which is
chartered by, affiliated with or connected with a recognized national
organization having similar purposes.
[Amended 6-16-81 by Ord. No. 35-81]
C.
There shall be no seasonal retail consumption license issued, permitted
or allowed.
[Amended 6-16-81 by Ord. No. 35-81]
D.
There shall be no limited retail distribution license issued, permitted
or allowed.
[Amended 6-16-81 by Ord. No. 35-81]
E.
Appearance fees for license transfers.
[Added 5-19-81 by Ord. No. 29-81]
(1)
There shall be hereby fixed and established an appearance fee for the transfers of plenary retail consumption licenses and plenary retail distribution licenses in the City of Orange, New Jersey, in the amount as provided in Chapter 88, Fees.
[Amended 5-18-1982 by Ord. No. 16-82]
(2)
This appearance fee shall be payable by certified check or money
order to the City of Orange at the time the application to transfer
license is filed with the Municipal Board of Alcoholic Beverage Control.
(3)
The Licensing Clerk, Department of Finance, shall issue a receipt
for appearance fees received as hereinabove provided.
A.
The number of plenary retail consumption licenses issued and outstanding
in the city at the same time shall not exceed fifty (50), and the
number of plenary retail distribution licenses issued and outstanding
in the city at the same time shall not exceed twenty (20), provided
that such limitation shall not prevent the issuance of renewals of
both plenary retail consumption licenses and plenary retail distribution
licenses to persons holding such licenses on August 1, 1950, and that
such limitation shall not prevent the transfer of licenses or the
renewal thereof according to N.J.S.A. 33:1-12.14.
B.
Nothing in this section shall be deemed to prevent the issuance of
a new license to a person who files an application therefor within
sixty (60) days following the expiration of the license renewal period
if the State Commissioner shall first determine, in writing, that
the applicant's failure to apply for a renewal of his license was
due to circumstances beyond his control as provided in N.J.S.A. 33:1-12.18.
No license under this Article shall be issued except after written
application has been presented by the proposed licensee upon forms
furnished by the Board of Alcoholic Beverage Control. No license shall
be issued unless the applicant has complied with all of the requirements
imposed by statute or by this Article. The full amount of the required
license fee for the type of license applied for shall be paid to the
City Treasurer in cash or by certified check at the time the application
is filed.
[Added 7-16-74 by Ord. No. 40-74]
A.
As a prerequisite and prior to the granting, renewing or transferring
of any retail plenary consumption license or of any retail plenary
distribution license or club license, the local issuing authority
shall be satisfied that any and all assessments, water, taxes and
all other fees due to the municipality or its subdivisions have been
paid by the licensee.
B.
The licensee shall file with its application or renewal application
evidence of same, in writing, from the appropriate person or municipal
agency, and said evidence shall remain with the application or renewal
application.
C.
Assessments, water, taxes and other fees. Said evidence shall be
in the form of an affidavit, setting forth the amount of assessments,
water, taxes and all other fees levied against said licensee, its
agents, principal and/or assigns, that all such assessments, water,
taxes and all other fees have been paid and that all previous assessments,
water, taxes and all other fees have been paid.
All licenses issued under this Article shall be for a term of
one (1) year from the first day of July in each year, provided that
the respective fees for any such license shall be prorated according
to the effective date of such license and based on the respective
annual fee as provided in this Article.[1]
A.
Before any licensee to whom a license has been issued by the Board
of Alcoholic Beverage Control shall start doing business for the period
of time for which the license has been issued, the licensee shall
enclose the license in a suitable wood or metal frame having a clear
glass space and a substantial wood or metal back, so that the whole
of such license may be seen therein. The license thereupon shall be
so posted and at all times displayed in a conspicuous place in the
main and principal room where the licensee's business is being carried
on, so that all persons visiting such place of business may readily
see the same.
B.
It shall be unlawful for any person holding such license or his servant,
agent or employee to post the license or to permit the same to be
posted upon premises other than the premises licensed or upon premises
where traffic in alcoholic beverages is being carried on by any person
other than the licensee or his servant, agent or employee.
[Amended 5-18-1982 by Ord. No. 16-82]
Whenever a license issued by the Board of Alcoholic Beverage Control is lost or destroyed for any reason whatsoever by the licensee or his servant, agent or employee, a certified copy in lieu thereof shall be issued by the Board upon the licensee's furnishing an affidavit proving the loss of the original license and upon the payment by the licensee of a fee as provided in Chapter 88, Fees, in cash or certified check payable to the City Treasurer.
No licensee under this Article or his servant, agent or employee
shall deface, destroy or alter the license issued by the Board of
Alcoholic Beverage Control.
In addition to the power, authority and right vested and possessed
by the Board of Alcoholic Beverage Control to suspend or revoke any
license issued by it, such Board may suspend or revoke any license
issued by it for any violation of any of the provisions of this Article.
No person shall be permitted to sell alcoholic beverages within
the city without having been duly issued a license pursuant to N.J.S.A.
33:1-1 et seq.
[Added 2-19-74 by Ord. No. 12-741
A.
No plenary retail consumption license or plenary retail distribution
license, except renewals for the same premises and transfers of license
from person to person within the same premises, shall be granted or
transfer made to other premises within a distance of seven hundred
fifty (750) feet from any other premises then covered by a plenary
retail consumption license or plenary retail distribution license;
provided, however, that a transfer of an existing license to the same
licensee to other premises within five hundred (500) feet of the premises
from which the transfer is made, notwithstanding that the premises
to which the license is so transferred is within seven hundred fifty
(750) feet of an existing plenary retail consumption licensed premises
or an existing. plenary retail distribution licensed premises.
B.
Where the distance of seven hundred fifty (750) feet is referred
to in this section, the same shall be measured in the same manner
as required by statute for the measuring of two hundred (200) feet
relative to schools or churches.
C.
Notwithstanding the above-mentioned seven-hundred-fifty-foot limitation
affecting the transfer of any retail plenary consumption license or
retail plenary distribution license, the local issuing authority,
at its discretion, may allow transfer of such license free of such
seven-hundred-fifty-foot limitation herein fixed in the event of any
licensee's premises being taken for any municipal, county, state or
federal project; provided, nevertheless, that the new location to
which the license is to be transferred under this exception shall
not be located within a distance of five hundred (500) feet of a then-existing
location licensed to do business under a plenary retail consumption
license or a retail plenary distribution license. Said five-hundred-foot
distance shall be measured in the same manner as herein provided for
the measuring of the seven-hundred-fifty-foot distance. In the event
that any transfer of a license should be allowed under this exception,
then and in that event no license shall thereafter be transferred
to the premises or any part thereof so vacated by such transfer or
within a radius of five hundred (500) feet thereof; provided, however,
that all other provisions of this section and Article are complied
with.
D.
No plenary retail consumption license or plenary retail distribution
license shall be granted or transfer made to other premises that are
directly adjacent to one another on either side of an existing establishment.
Any establishment that is beyond the aforementioned adjacent distance
shall be permitted to have a license granted or transferred subject
to meeting all appropriate requirements established by law governing
such grants or transfers.
[Added 10-2-07 by Ord. No. 39-2007]
E.
No establishment dispensing alcoholic beverages or operating under
the authority of the local ABC Board shall be located in any area
officially designated as residential in the City of Orange Township.
Those located in such an area as of the date of passage of this ordinance
are hereby exempt from this restriction.
[Added 10-2-07 by Ord. No. 39-2007]
[Added 11-18-2013 by Ord.
No. 45-2013]
Any holder of an alcoholic beverage control license, which permits
the sale of alcoholic beverages, shall place and maintain security
cameras that can monitor and record all entrances and exits of the
establishment, as well as the front perimeter of the same extending
to the curbline and parking lot if within licensee's care and control.
The security camera(s) shall be operational twenty-four (24)
hours, seven (7) days a week. The recordings contained therein shall
be made available to sworn officers of the Orange Police Department
and Orange's Alcoholic Beverage Control Inspector pursuant to any
investigation being conducted regarding activity at or in the immediate
area of the establishment.
Any recording contained therein shall be maintained for a minimum
of ninety (90) days, unless directed otherwise by the Chairman of
the Alcoholic Beverage Control Board of Orange and shall also be made
available to sworn officers of the Orange Police Department and Orange's
Alcoholic Beverage Control Inspector to aid in the investigation of
crimes occurring at the establishment or in the immediate area of
the establishment.
Any licensee in violation of this section shall be subject to
a fine not less than five hundred dollars ($500.) but no more than
one thousand dollars ($1,000.).
[Adopted 9-13-77 as Ord. No. 37-77]
No person shall consume or offer to another for consumption
any alcoholic beverages in, on or upon any public street, road, alley,
sidewalk, playground or in, on or upon any land or building owned
or occupied by the federal, state, county or municipal government,
including the Board of Education, except as hereinafter provided.
No person shall consume alcoholic beverages or offer to another
for consumption any alcoholic beverages in, on or upon any place to
which the public at large is generally invited, except as otherwise
provided herein; provided, however, that nothing herein shall be construed
to prohibit the consumption or sale of alcoholic beverages within
the licensed premises of a plenary retail consumption liquor license.
No person shall have in his possession or possess any alcoholic
beverages in, on or upon any public street, road, alley, sidewalk,
playground or in, on or upon any land or building owned or occupied
by a federal, state, county or municipal government unless the same
is contained within a closed or sealed container, except as otherwise
provided herein.
No person shall have in his possession or possess any alcoholic
beverage in or upon any place to which the public at large is generally
invited unless the same is contained within a closed or sealed container,
except as otherwise herein set forth, provided that nothing herein
shall be construed to prohibit the possession of alcoholic beverages
within the licensed premises of a plenary consumption liquor license.
[Aded 5-18-1982 by Ord.
No. 16-82]
Any person who violates any of the provisions of this Article
shall, upon conviction thereof, be subject to a fine not exceeding
five hundred dollars ($500.) or imprisonment in the county jail for
a period not exceeding ninety (90) days, or both.
