[2000 Code § 6-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the City 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.
[2000 Code § 6-2]
For the purpose of this chapter, 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.
[2000 Code § 6-3.1]
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 6-1, and all other applicable laws of the State of New Jersey or the United States.
[2000 Code § 6-3.2]
All licenses required by this chapter shall be issued by the
Mayor and Council, which shall also administer the provisions of this
chapter.
[2000 Code § 6-3.3]
No person shall sell, serve or distribute alcoholic beverages within the City without obtaining a license in accordance with the N.J.S.A. 33:1-1 et seq. referred to in Section 6-1 and the provisions of this chapter.
[2000 Code § 6-3.4; Ord. No. 2575; Ord. No. 2629; Ord. No. 2779; Ord. No.
2855; Ord. No. 2974; Ord. No. 2015-44]
The annual license fees for alcoholic beverages in the City
shall be as follows:
|
Class of License
|
Annual License Fee
|
|---|---|
|
Plenary Retail Consumption License
|
$2,500.00
|
|
Plenary Retail Distribution
|
$2,500.00
|
|
Club License
|
$188.00
|
The provisions of this subsection with respect to the limitation
of the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
License fees shall be paid in cash, money order or certified
check.
Licenses shall expire annually on June 30.
a.
No alcoholic beverages shall be sold, delivered, or served 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.
[2000 Code § 6-4.1; Ord. No. 2951]
b.
Notwithstanding the provisions of paragraph a. above, no retail distribution
licensed premises (commonly referred to as "liquor stores") may sell
alcoholic beverages in original containers (commonly referred to as
"package goods") before 9:00 a.m. on any day of the week, except for
Sundays and New Year's Day each year as hereinafter provided.
[Ord. No. 3052]
[2000 Code § 6-4.2]
Patrons shall be off the premises by 2:30 a.m. and may be permitted
to consume alcoholic beverages purchased before 2:00 a.m., but nothing
herein shall permit any sale or service or delivery of the alcoholic
beverages after 2:00 a.m. Except as hereinabove provided, all licensed
premises, except hotels, restaurants, drugstores and other establishments
where the principal business is other than the sale of alcoholic beverages,
shall be closed during the hours that sales of alcoholic beverages
are prohibited. During the hours that sales of alcoholic beverages
are prohibited, all licensed premises shall be open to the public
view from a public thoroughfare or other place to which the public
has free access, and no blind, screen partition, curtain or other
article shall be so left or placed as to prevent an unobstructed view
of the premises during such hours. This provision does not apply to
guest houses and private dining rooms in hotels.
[2000 Code § 6-4.3; Ord. No. 2930; Ord. No. 2951]
The provisions of subsection 6.4-1 shall not apply on Sundays.
On Sundays, no alcoholic beverages may be sold, served or delivered
to the licensed premises between the hours of 2:00 a.m. and 10:00
a.m. for food serving establishments, or between 2:00 a.m. and 12:00
noon for all other licenses premises. The sale of alcoholic packaged
goods for off-premises consumption shall be and is herewith permitted
on Sundays between the hours of 9:00 a.m. and 10:00 p.m. only.
[2000 Code § 6-4.4; Ord. No. 3004]
The provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises throughout the whole day unless January 1 is a Sunday, in which case no alcoholic beverages shall be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 10:00 a.m. for food serving establishments, or between 5:00 a.m. and 12:00 noon for all other licensed premises.
[2000 Code § 6-4.5]
No licensee or any employee of a licensee shall sell to or offer
any alcoholic beverages to any policeman or fireman while in uniform,
or to any person under the legal drinking age as defined in N.J.S.A.
Title 33, or to any person actually or apparently intoxicated.
[2000 Code § 2-4.6]
No alcoholic beverages shall be sold, served, delivered to,
or consumed in, or allowed to be sold, served, delivered to or consumed
in any room or area in any licensed premises in which the number of
persons in the room is greater than one (1) person for each seven
(7) square feet of floor space of the room which is not covered by
bar or working space. Each licensee shall submit to the Fire Chief
of the City a floor plan of the licensed premises. The Fire Chief
shall review each floor plan and shall thereafter issue a placard
or sign, which shall state the total number of persons permitted in
the licensed premises.
The licensee shall post the placard or sign on the premises
in a conspicuous place and manner.
[2000 Code § 6-4.7; Ord. No. 2877]
Hours of sale for Club licensed premises shall be the same as
the hours stated for Plenary Retail Consumption licensed premises
as stated in this section.
[2000 Code § 6-6.1]
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provision
of any applicable Statute or any of the rules and regulations of the
State Director of Alcoholic Beverage Control.
[2000 Code § 6-6.2]
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 (5)
day notice of charges preferred against the licensee and affording
a reasonable opportunity for hearing.
Suspension or revocation of a license shall be in addition to
any other penalty which may be imposed for a violation of this chapter.
[2000 Code § 6-8.1]
Every person, partnership, or corporation holding any plenary
retail consumption license or any retail distribution license issued
or to be issued in the City shall furnish to the Police Department
the name and address of each employee of the licensee who sells, solicits
the sale of, mixes, processes or prepares any alcoholic beverage at
or from any bar or establishment selling alcoholic beverages in an
original package or container. The name and address of employees shall
be furnished to the Police Department within twenty-four (24) hours
after the commencement of such employment.
[2000 Code § 6-8.2; Ord. No. 2016-03]
a.
Plenary Retail Consumption and Plenary Retail Distribution License
Personnel. Any person who sells, serves or solicits the sale of alcoholic
beverages at, or in connection with, any premises that holds a plenary
retail consumption license or plenary retail distribution license
within the City, or who is involved in the management of any premises
that has received a plenary retail consumption license or plenary
retail distribution license within the City, or who provides security
or entrance admission services at or to any such licensed premises
on more than twenty (20) working days in any one (1) calendar year,
must first obtain a City-issued ABC Card from the Police Department.
b.
Club License Employees. All persons who shall sell, serve, solicit
the sale of, mix, process, or prepare any alcoholic beverage at or
from original package or container under a club license where such
person's employment exceeds ten (10) working days in any one
(1) calendar year and the person receives regular recurring monetary
remuneration in connection with the employment, shall register with
the Police Department.
[2000 Code § 6-8.3]
Registration with the Police Department shall be accomplished
by completing or furnishing the following:
a.
An application for identification card, which application shall contain
such information as the usual specifics of personal identification,
date and place of birth, address, other employment, and such other
information as deemed necessary and proper by the Police Chief to
aid and assist in proper enforcement of the law.
b.
A set of fingerprints and a photograph to be taken by or under supervision
of the Police Department.
[Ord. No. 2384]
All persons required to register under subsection 6-7.2 shall be required to have in their possession, at all times when in or about the licensed premises, an identification card on a form furnished by the Police Department, which shall contain such information as name, address, specifics of personal identification, and such other information as deemed necessary and proper by the Chief of Police to aid and assist in proper enforcement of the law. An owner or licensee shall be required to register and obtain an identification card, although such person may not be personally engaged in the sale, mixing, processing or preparation of alcoholic beverages.
[2000 Code § 6-8.5; Ord. No. 2935; Ord. No. 2960]
[N.J.S.A. 33:1-81a]
It shall be unlawful for 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.
[N.J.S.A. 33:1-81b]
It shall be unlawful for 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 any alcoholic
beverage.
[N.J.S.A. 33:1-81c]
It shall be unlawful for any person to misrepresent or misstate
his age, or the age of any other person for the purpose of inducing
any licensee or any employee of any licensee, to sell, serve or deliver
any alcoholic beverage to a person under the legal age for purchasing
alcoholic beverages.
[N.J.S.A. 33:1-81d]
It shall be unlawful for any person to enter any premises licensed
for the retail sale of alcoholic beverages for the purpose of purchasing,
or to purchase alcoholic beverages, for another person who does not
because of his age have the right to purchase and consume alcoholic
beverages.
[2000 Code § 6-5.1]
No person under the age of eighteen (18) shall be allowed in
any premises where alcoholic beverages are sold or served for consumption
on the premises unless (1) accompanied by his parents or guardian
twenty-one (21) years of age or older; or (2) the licensed premises
is a restaurant licensed for said purpose as provided for by law that
constitutes an establishment regularly and principally used for the
purposes 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; or (3) employed
at any such premises as is permitted by law.
[2000 Code § 6-5.5]
Any parent or guardian of a person under the legal age who accompanies
such person under the legal age into a premises in which alcoholic
beverages are served and who permits the person under the legal age
to possess or consume alcoholic beverages shall be presumed to have
misrepresented the age of a person under the legal age.
[2000 Code § 6-5.7]
No licensee shall have in his/her employ anyone under the age
of eighteen (18) years, except with the approval of the State Commissioner
of Alcoholic Beverage Control. Such employee shall not serve or handle
or sell or solicit the sale or participate in the manufacture, rectification,
blending, treating, fortification, mixing, processing or bottling
of an alcoholic beverage.
[2000 Code § 6-5.8: N.J.S.A. 33:1-81]
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, shall be punished by a fine of not less than five hundred
($500.00) dollars. In addition, the court shall suspend or postpone
the person's license to operate a motor vehicle for six (6) months.
Upon the conviction of any person under this section, the court
shall forward a report to the Motor Vehicle Commission stating the
first and last day of the suspension or postponement period imposed
by the court pursuant to this section. If a person at the time of
the imposition of a sentence is less than 17 years of age, the period
of license postponement, including a suspension or postponement of
the privilege of operating a motorized bicycle, shall commence on
the day the sentence is imposed and shall run for a period of six
months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the court shall
immediately collect the license and forward it to the Motor Vehicle
Commission along with the report. If for any reason the license cannot
be collected, the court shall include in the report the complete name,
address, date of birth, eye color, and sex of the person as well as
the first and last date of the license suspension period imposed by
the court.
The court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this section is not a New Jersey
resident, the court shall suspend or postpone, as appropriate given
the age at the time of sentencing, the non-resident driving privilege
of the person and submit to the Motor Vehicle Commission the required
report. The court shall not collect the license of a non-resident
convicted under this section. Upon receipt of a report by the court,
the Motor Vehicle Commission shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
In addition to the general penalties 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.
