Laws concerning alcoholic beverage control are contained
in Title 33 of the New Jersey State Statutes. All ordinances must
be in conformity with these provisions and approved by the Director
of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes
the types of licenses that may be issued, their number, permissible
license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
Editor's Note: Prior ordinance history includes portions
of Rev. Ord. 1964, 2:8 §§ 1, 2; Ordinances 5/21/73,
5/20/74, 53-75, 157-80, 180-81, 213-83, 226-84, 337-91, 343-91, 586-04,
595-05.
[Ord. No. 783-2016]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Little Silver in accordance
with the provisions of an act of the Legislature of the State of New
Jersey entitled "An Act Concerning Alcoholic Beverages" comprising
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 State Director of Alcoholic Beverage
Control.
[Ord. No. 783-2016]
For the purpose of this chapter, all words and phrases herein shall have the same meanings 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, except for the definition of Restaurant Conditional License, which is set forth in subsection 7-3.8 of this chapter.
[Ord. No. 783-2016]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in section 7-1, and all other applicable laws of the State of New Jersey or the United States.
[Ord. No. 783-2016]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
[Ord. No. 783-2016]
No person shall sell or distribute alcoholic beverages within the Borough of Little Silver without having obtained a license in accordance with the act referred to in section 7-1 and the provisions of this chapter.
[Ord. No. 783-2016]
All applications for licenses shall be made on forms prescribed
by the State Commissioner of Alcoholic Beverage Control.
[Ord. No. 783-2016]
All licenses issued by the Borough Council under this chapter
shall be subject to the terms thereof including inspection by the
code enforcement agencies and background investigations by the Police
Department and to the rules and regulations promulgated by the State
Commissioner of Alcoholic Beverage Control.
[Ord. No. 783-2016]
The licenses shall be issued for a period from July 1 of each
year to June 30, the following year, both inclusive.
If, for any reason the local renewal process is delayed so that
a license renewal is not approved by municipal resolution by July
1, all alcoholic beverage activity on the licensed premises must cease
unless the licensee has filed the renewal application, paid the applicable
fees and applies to and has issued by the Division of ABC an "Ad Interim"
Permit.
[Ord. No. 783-2016]
The annual license fees and maximum number of licenses for the
sale or distribution of alcoholic beverages in the Borough of Little
Silver shall be as follows:
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Distribution License
|
$2,500.00
|
1
|
|
Limited Retail Distribution License
|
$63.00
|
1
|
|
Plenary Retail Consumption License
|
$2,500.00
|
1 - The Plenary Retail Consumption License shall be a restaurant
conditional license, as defined herein.
|
[Ord. No. 783-2016]
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 additional conditions:
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, at the discretion and
approval of Borough Council.
b.
To qualify as a bona fide restaurant under this section, the premises
must comply with the following requirements:
1.
There shall be no food or beverages consumed at counters in any part
of the licensed premises that is available to the public. For purposes
of this section, a counter shall be any linear footage of wood or
other material exceeding one foot in length and that is connected
to a wall at the perimeter of a room or between posts or other fixtures
in such a manner as to provide a horizontal space upon which food
and/or drink is permitted or encouraged to be placed. The definition
of counter shall not include the bar counter of the bar/lounge area,
behind which a bartender or bartenders are located; food and beverages
may be consumed at the bar.
2.
The dining area of the licensed premises shall be devoted to the
purposes of dining and shall not contain fewer than 300 hundred square
feet of floor space. The computation of said dining area shall not
include any space used for kitchen, pantry, storage, rest rooms, bar/lounge
area or any other purpose than dining.
3.
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 and one additional urinal required in the men's
lavatory.
4.
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.
5.
Both lavatories. There shall be an additional wash basin in each
lavatory for each 75 seats or fraction thereof above 150.
6.
Miscellaneous. The entrances to such lavatories shall be screened
from public view.
7.
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.
8.
The licensee shall not sell any alcoholic beverages for consumption
off the licensed premises.
9.
The licensee shall, at all times, continue to operate the licensed
premises as a restaurant as defined herein and as defined in N.J.S.A.
33:1-1.
10.
There shall be no service of food or beverages of any kind on any patio, deck, or other area available to the public that is located outside the foundation line of the licensed premises. For purposes of subsection 7-3.8, any patio, deck, or other area available to the public that is located inside the foundation line of the licensed premises shall be considered part of the dining area, and must provide a dining menu at all times it is open.
11.
Live musical performances on the licensed premises shall be confined
to the interior of the licensed premises.
12.
The dining area of the licensed premises may close no sooner than
one hour prior to the closing of the bar/lounge area.
c.
Daily food and drink specials shall be permitted. The gift or sale
of food or any alcoholic beverages below cost is hereby prohibited.
The offering in any manner whatsoever of any other inducement by the
licensee, his servants, agents or employees to encourage the consumption
of distilled liquors, blended distilled liquors and any brewed, fermented
or distilled liquors is hereby prohibited.
d.
No alcoholic beverage shall be sold, served to or consumed by guests
in any part of the licensed premises except the rooms/space furnished
and used as dining room space and the bar/lounge area.
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 percent of the gross receipts is derived from
the sale of alcoholic beverages, the licensing body may, in its discretion,
after notice and proper hearing, 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 Borough 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. The requirements of this provision may be relaxed
by the Borough Council in the event a licensee proposes to construct,
or is constructing a building that will, upon completion, be in compliance
with the provisions of this chapter. A licensee shall have one year
from the date of the issuance of the license, or such shorter time
as may be set forth in N.J.S.A. 33:1-1, et seq., whichever is shorter
to complete construction and utilize the license so issued.
g.
Any license issued under this section shall be subject to all the
conditions of this section. The Borough 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 Borough Council shall be final.
The Borough Council shall further have the right to limit the number
of licenses granted under this chapter, 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 the licensed premises,
fire or health hazard, or proximity to churches or schools to be detrimental
to the health, morals, safety or welfare of this Borough.
h.
Anything to the contrary hereinbefore notwithstanding, and for the
benefit not of property but of persons attendant therein, no restaurant
conditional license shall be issued for the sale of alcoholic beverages
within 500 feet of any church or public schoolhouse or private schoolhouse
not conducted for pecuniary profit, except to manufacturers, wholesalers,
hotels, clubs and fraternal organizations which owned or were actually
in possession of the licensed premises on December 6, 1933. The protection
of this section may be waived at the issuance of the license and at
each renewal thereafter, by the duly authorized governing body on
authority of such church or school, such waiver to be effective until
the date of the next renewal of the license. Said 500 feet shall be
measured in the normal way that a pedestrian would properly walk from
the nearest entrance of said church or school to the nearest entrance
of the premises sought to be licensed.
1.
The prohibition contained in this section shall not apply to the
renewal of any license where no such church or schoolhouse was located
within 500 feet of the licensed premises at the time of the issuance
of the license.
2.
The prohibition contained in this section shall not apply to any
license issued prior to the date of this section.
i.
Pursuant to subsection 7-9.2f of this chapter, all persons working at an establishment with a plenary retail consumption license shall, prior to serving alcoholic beverages at such establishment, must receive TIPS® (Training for Intervention ProcedureS)
training or a similarly recognized training regimen relating to the
service of alcoholic beverages. During all hours of operation during
which alcoholic beverages are served, in addition to persons serving
alcoholic beverages, there shall be a minimum of one additional person
on the premises who has TIPS® (Training
for Intervention ProcedureS) training or a similarly recognized training
regimen relating to the service of alcoholic beverages.
j.
Any license issued under this section shall bear the notation "Restaurant
Conditional License."
k.
Bar/Lounge Area of Bona Fide Restaurant.
1.
A premises licensed under this section may provide tables and a bar/lounge
area at which alcoholic beverages may be served without meals for
the use or patrons.
2.
The number of bar stools shall be calculated as no more than one
bar stool per four seats of dining, but in any event no more than
one bar stool for every two feet of bar counter. For purposes of calculating
the number of permitted bar stools, "dining seats" shall include the
actual number of seats used at tables in the bar/lounge area, out
of the 50 seats permitted.
3.
The maximum capacity of the bar/lounge area shall not exceed 100
people having a maximum capacity of not more than 50 seats, not more
than 25 bar stools and a standing capacity of not more than 25.
4.
Such bar/lounge area shall offer a dining menu during all hours of
operation.
5.
The bar/lounge area should be delineated by a knee wall, railing
or architectural feature to designate the limits of the bar/lounge
area.
6.
The tables in the bar/lounge area shall be at least 42 inches high.
Each seat at such tables in the bar/lounge area shall be included
in computing the floor space required by this section and shall also
be included in the total seating capacity required by any provision
in this section to meet the requirement for obtaining such license.
[Ord. No. 783-2016]
No licensee or employee of a licensee shall sell, deliver, directly
or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated
person or person under the age of 21 years, nor permit any such persons
to congregate in or about the licensed premises.
[Ord. No. 783-2016]
No retail plenary consumption 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, except as may be permitted under
applicable New Jersey law.
[Ord. No. 783-2016]
No person under the age of 21 years shall be allowed in the
bar/lounge area of any premises where alcoholic beverages are sold
or served for consumption on the premises unless accompanied by his
parent or guardian, and under no circumstances may a person under
the age of 21 sit, stand or otherwise occupy space at the bar in the
bar/lounge area of a licensed establishment.
[Ord. No. 783-2016]
No person under the age of 21 years shall purchase or attempt
to purchase, or have another purchase for him any alcoholic beverages
on any premises licensed for the sale of alcoholic beverages.
[Ord. No. 783-2016]
No person shall purchase or attempt to purchase alcoholic beverages
for a person under the age of 21 years. It shall be unlawful for any
person to induce or attempt to induce any licensee or any employee
of a licensee to sell, serve or deliver alcoholic beverages to a person
under the age of 21 years.
[Ord. No. 783-2016]
No person shall misrepresent his age or the age or another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 21 years or to permit a person under 21 years to remain on any premises in violation of subsection 7-5.1.
[Ord. No. 783-2016]
Any person 21 years of age or older who accompanies such a person
under the age of 21 years into a premises in which alcoholic beverages
are sold and who permits the person under the age of 21 years to possess
alcoholic beverages shall be presumed to have misrepresented the age
of the person under the age of 21 years.
[Ord. No. 783-2016]
All persons under the legal age for the consumption of alcoholic
beverages found to unlawfully be in possession of an alcoholic beverage
in the Borough of Little Silver shall be detained by the Little Silver
Police Department, their name and address recorded, their parents
notified and shall be released only to a parent or responsible adult
over the age of 21. The parent or guardian of a minor charged with
a violation of any of the provisions of this chapter shall be required
to attend the hearing of the complaint. For the purpose of compelling
such attendance, the Judge of the Municipal Court of the Borough of
Little Silver is hereby authorized and directed to cause the parent
or guardian of the minor to attend the hearing by issuing appropriate
subpoenas to compel such attendance. It shall be sufficient compliance
with the provisions hereof, if one of the parents or one of the guardians
attend the hearing pursuant hereto.
No person under the age of 21 years shall purchase, sell, consume
or possess any alcoholic beverage on any public or private street,
highway, park, footway or other public or quasi-public place or in
a private residence in the Borough of Little Silver, unless such consumption
or possession is in connection with a religious observance, ceremony
or rite or in the presence of and with the permission of a parent
or guardian who has attained the legal age to purchase and consume
alcoholic beverages. No person under the age of 21 years shall consume
or have in his or her possession any alcoholic beverages while in
a motor vehicle in any public place or quasi-public place in the Borough
of Little Silver.
[Ord. No. 783-2016]
No person shall own, leave or manage real property or leave
that real property in the care of another person, with the knowledge
that an alcoholic beverage is purposely or knowingly offered, served
or made available to a person under the legal age for consuming alcoholic
beverages, or entice, encourage or permit that person to drink an
alcoholic beverage unless:
a.
The real property is licensed or required to be licensed by the Division
of Alcoholic Beverage Control in accordance with the provisions of
N.J.S.A. 33:1-1 et seq.;
b.
The person making the property available, or leaving it in the care
of another person, is of the legal age to consume alcoholic beverages
and is the parent or guardian (or a first cousin or closer relative
by blood, marriage or adoption) of the person who consumes alcoholic
beverages; or
c.
The alcoholic beverages are consumed by a person under the legal
age for consuming alcoholic beverages during a religious observance,
ceremony or rite.
[Ord. No. 783-2016]
Any person who has attained the legal age for the purchase and
consumption of alcoholic beverages who is found to be in violation
of this section shall be subject to the minimum penalty as follows:
Disclosure of their name, address and violation to the media
for publication, and a fine of one hundred ($100.00) to one thousand
($1,000.00) dollars. The second offense shall be disclosure, a fine
of one hundred ($100.00) to one thousand ($1,000.00) dollars and a
minimum of ten hours of community service to be done in Little Silver.
The third or subsequent offense shall be disclosure, a fine of one
hundred ($100.00) to one thousand ($1,000.00) dollars, a minimum of
ten hours of community service to be done in Little Silver and imprisonment
of not less than one day in the Little Silver Jail.
Any person found to be in violation of this section who has not attained the legal age for the purchase and consumption of alcoholic beverages shall be subject to the penalty as stated in subsection 5-13.1 of the Borough of Little Silver Ordinances.
[Ord. No. 783-2016]
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provisions
of any applicable statute or any of the rules or regulations of the
State Division of Alcoholic Beverage Control. 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.
All licensed establishments closed for more than a thirty-day
period are mandated to have an alcoholic beverage control inspection
prior to reopening.
[Ord. No. 783-2016]
No plenary retail distribution licensee or limited retail distribution
licensee, his employee or agent shall sell, service, deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverage
on the licensed premises except on week days including Saturdays between
the hours of 9:00 a.m. and 10:00 p.m., and on Sundays between the
hours of 10:00 a.m. and 8:00 p.m.
No plenary retail consumption 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 any day
of the week between the hours of 1:00 a.m. and 11:00 a.m., provided
that on the first day of January such sales may be made up to 2:00
a.m., and further provided that an establishment possessing a restaurant
conditional license may begin serving alcoholic beverages at 10:00
a.m. on Saturdays, Sundays and holidays and shall also provide food
service.
[Ord. No. 783-2016]
There shall be no open consumption of any alcoholic beverages
on public or private property within 200 feet of any restaurant or
eating establishment; provided, however, that this section shall not
be applicable to private property within 200 feet of said restaurant
or eating establishment which is not owned or associated with said
restaurant or eating establishment.
[Ord. No. 783-2016]
Violation of this section shall be a misdemeanor as provided by subsection 5-13.1 of the Borough of Little Silver Ordinances.
[Ord. No. 783-2016]
No holder of a plenary retail consumption license under this
chapter shall employ in the conduct of his licensed business any person
who shall not have first obtained a Borough alcoholic beverage service
permit from the Borough Chief of Police as detailed herein. No person
shall permit or suffer himself to be so employed without having first
obtained such a permit from the Chief of Police.
[Ord. No. 783-2016]
No borough alcoholic beverage service permit shall be issued
to any person who:
a.
Is under the age of 18 unless said person shall first have obtained
a permit from the Director of the State Division of Alcoholic Beverage
Control;
b.
Has been convicted of a crime involving moral turpitude unless the
disqualification has been removed or a rehabilitation employment permit
(or temporary work letter) has been issued by the State Alcoholic
Beverage Control Director. Employees convicted of a crime must indicate
same on the E-141-A form and are presumptively prohibited from working
until written authorization is received by the local issuing authority
from the Division. If issued, the employee's "Rehabilitation
Employment Permit Number" or "Eligibility Determination Number" must
be listed on the E-141-A form. In addition, no persons convicted of
a crime involving moral turpitude are permitted to have any interest
in a licensed establishment;
c.
Is a full-time law enforcement officer in the community in which
the license is located;
d.
Has had an interest in any manufacturer or wholesaler of alcoholic
beverages (N.J.S.A. 33:1-43) or is employed as a solicitor (N.J.A.C.
13:2-16.7; see "Tied-House Statute");
e.
Has a disqualification resulting from having had an interest in a
revoked license (N.J.S.A. 33:1-31).
f.
Has not completed TIPS® (Training
for Intervention ProcedureS) training or a similarly recognized training
regimen relating to the service of alcoholic beverages.
g.
The Alcoholic Beverage Control Law requires the local issuing authority
to investigate applicants and premises for licensure and to review
licenses and premises at the time of issuance and renewal. This shall
be conducted by the Police Department at the direction of the governing
body. Regulations of the Division of ABC require that at the time
of issuance, transfer or renewal of a retail license, the municipal
issuing authority affirmatively find and state in a resolution the
following:
1.
That the application is fully completed.
2.
That the applicant is qualified to be licensed according to all standards
established under the Alcoholic Beverage Control Law, ABC regulations,
local ordinances and conditions established for the license, provided
those conditions are consistent with State law.
3.
That the applicant had disclosed and that the local issuing authority
had reviewed the source of all funds used to purchase the license
and the licensed business and any additional financing obtained in
connection with the licensed business. (N.J.S.A. 33:1-24; N.J.A.C.
13:2-2.9 and 13:2-7.10.)
[Ord. No. 783-2016]
a.
All employees who sell, mix, process, prepare or serve alcoholic
beverages, working on licensed premises, other than bar backs, bus
persons, cooks, kitchen help and other persons performing strictly
restaurant-related functions are required to obtain an alcoholic beverage
service permit within 30 days that their employment at the licensed
establishment commences. Every employee applicant must meet all requirements
as outlined in the State of New Jersey Alcoholic Beverage Control
Handbook and the Code of the Borough of Little Silver.
b.
Each applicant for a Borough alcoholic beverage service permit shall
be photographed and fingerprinted, under the supervision of the Chief
of Police, such time and place shall be designated by the Chief of
Police. The fingerprints shall be marked "Applicant" checked by the
State and Federal authorities. A Criminal History Check will also
be completed by the Police Department under the supervision of the
Chief of Police. The fingerprints shall also be kept on file in the
Police Department. The applicant will be required to pay the appropriate
State and municipal fingerprinting charge.
c.
The Chief of Police is hereby authorized to issue a Borough alcoholic beverage service permit to any person making such application therefor who is not disqualified under subsection 7-9.2, or is not otherwise disqualified from such employment. The Borough alcoholic beverage service permit shall state: the name of the applicant, address, date of birth, Social Security number, height, weight, hair color, eye color, and any distinguishing marks or physical characteristics. Upon approval of the application, the applicant shall be issued an ID card. The ID card shall have an expiration date, a front facing photograph and right thumb print. He or she will be required to pay the Borough of Little Silver a fee of twenty-five ($25.00) dollars for the initial ID card and any renewal cards.
d.
The applicant shall be required to have the Borough alcoholic beverage
service ID card on their person at all times while working.
e.
The requirement for the Borough alcoholic beverage service permit
for all servers shall be put in place immediately. All servers must
complete the process and have their ID cards prior to serving alcoholic
beverages at any establishment in the Borough holding plenary retail
consumption license. Permits issued under this section must be renewed
yearly by filing an application hereunder and receiving approval prior
to the expiration date of the expiring permit.
f.
The licensed establishment shall maintain all of their licensing
records and employee records on site and must be available immediately
to law enforcement or ABC investigators. Off-site storage of records
is permitted by permit only after the licensee makes application to
the Director of the ABC. At least one employee must have access to
the on-site records at all times. The E-141-A form is required to
be maintained and kept on premises unless specific written permission
to utilize an alternative format or place is granted by the Director
of the ABC. The form must be maintained in an up-to-date manner at
all times.
[Ord. No. 783-2016]
a.
The Chief of Police and members of the Police Department of the Borough
shall enforce the provisions of this chapter. All police incidents
involving licensed premises, or acts occurring on or in the immediate
vicinity of licensed premises, shall be reported to the governing
body within two weeks after the police incident report is filed, whereupon
the governing body shall determine whether further investigation is
warranted and whether probable cause exists for prosecution for violations
of this chapter or for instituting revocation or suspension proceedings
pursuant to this chapter.
b.
Nothing herein is intended to preempt or otherwise interfere with
the authority of the New Jersey Division of Alcoholic Beverage Control
to regulate persons or entities possessing a license under N.J.S.A.
33:1-1, et seq, or enforce the Alcoholic Beverage laws and regulations
of the State of New Jersey.
c.
Every licensee shall be responsible for conducting, operating and
using the licensed premises in compliance with all applicable statutes,
laws, ordinances and regulations. Every licensee shall immediately
report to the police any act occurring on or about the licensed premises
which constitutes a violation of any applicable statute, law, ordinance
or regulation.
