[1979 Code § 8-1]
This chapter is adopted to effectively carry out the provisions, purposes and intent of the act of the Legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments (N.J.S.A. 33:1-1 to 33:1-96), as well as the general rules and regulations, and special rulings and findings promulgated by the State Director of Alcoholic Beverage Control. All applications for licenses under this chapter and all licenses issued and proceedings held hereunder shall be subject to the act and to the rules and regulations of the State Director of Alcoholic Beverage Control of New Jersey.
[1979 Code § 8-1]
For the purpose of this chapter, the words and terms used herein shall be deemed to have the meanings accorded them by N.J.S.A. 33:1-1 to 33:1-96 and the Rules and Regulations promulgated by the Director of the Division of Alcoholic Beverage Control.[1]
[1]
Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey 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 license that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.6-2 LICENSES.
[1979 Code § 8-2.1]
The Board of Alcoholic Beverage Control of the City shall be the authority for the administration of the issuance of all licenses hereunder and shall forthwith report the issuance of all such licenses to the State Director of Alcoholic Beverage Control.
[1979 Code §§ 8-2.2, 23-3.1; New; Ord. No. 46-18 § 1; Ord. No. 48-59 § 1; Ord. No. 52-20 § 1; Ord. No. 57-06; Ord. No. 61-76 § 1]
The classes of licenses to be issued by the City are hereby fixed as follows and the annual fees of licenses for the sale or distribution of alcoholic beverages in the City shall be as follows:
Class of License
Annual License Fee
a.
Plenary retail consumption licenses
$1,400.00
b.
Plenary retail distribution licenses
$950.00
c.
Club licenses
$300.00
d.
Limited retail distribution licenses
$100.00
e.
Hotel License
$2,500.00
f.
Complete application (Fee payable at the time application form is obtained)
$25.00
No new licenses shall be issued unless the number issued and outstanding is reduced to less than the number provided for in State Statute.
[Ord. No. 48-59 § 1]
Establishing a fee structure to cover costs for background checks, monetary investigations, fingerprinting, etc., that are required for a license transfer (irrespective of any State licensing fees).
Single owner
$500.00
Partnership/wife/sibling
$500.00
Partnership/corporation
$750.00
Additional partner or amend corporation
$250.00 each
Employee work permit (Photo ID)
$25.00
All fees payable when completed application is submitted and prior to commencing investigatory procedures. Fees not refundable.
[1979 Code § 8-2.3]
No plenary retail distribution license shall be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, provided however that the holder of any such license shall be permitted to sell nonalcoholic beverages in original containers for consumption off the licensed premises and provided further that the holder of any such license shall be permitted to sell in original containers for consumption off the licensed premises the following items of merchandise, namely, popcorn, nut products, bitters, rice chips, wheat chips, corn chips, cocktail olives, cherries and onions, mixers, cigars, cigarettes, pretzels, potato chips, liquor baskets, ice cubes, and glassware in distillers' and vintners' package and no other item of merchandise.
[1979 Code § 8-3.1; Ord. No. 44-10 § 1; Ord. No. 48-37 § 1; Ord. No. 49-2 § 1; Ord. No. 53-01 § I; Ord. No. 54-74]
In any zoning district in the City of Linden which is defined as a PCD District, as defined in Chapter 31, Section 31-1, or which is an area that is determined to be an area in need of redevelopment in accordance with N.J.S.A. 40:12a-1 et seq. and for which a redevelopment plan has been approved and adopted by the City Council, up to five (5) plenary retail consumption licenses, and/or plenary retail distribution licenses may be transferred within a project development established in the PCD District, or in a redevelopment area for which a redevelopment plan has been approved and adopted by the City Council.
The limitation set forth in this section shall not apply to any establishment to be established and located in said area in accordance with the terms of said redevelopment plan.
[1979 Code § 8-3.2; Ord. No. 33-12 § 1]
a. 
No plenary retail distribution license shall be granted for or transferred to any premises within one thousand (1,000) feet of any existing plenary retail distribution licensed premises, and no plenary retail distribution license shall be granted for or transferred to any premises one thousand (1,000) feet of any existing plenary retail consumption licensed premises with packaged goods privileges.
b. 
This section, however, shall not prohibit the transfer by the holder of any existing plenary retail distribution license (hereinafter called the "holder") to other premises to be occupied by the holder which is within one thousand (1,000) feet of any existing plenary retail distribution licensed premises, or within one thousand (1,000) feet of any existing plenary retail consumption licensed premises with packaged goods privileges, when the holder's license is already currently within one thousand (1,000) feet of one (1) or more other existing plenary retail distribution license(s) or plenary retail consumption licensed premises with packaged goods privileges (hereinafter called "third holder licenses"), and the proposed transfer: (a) will not place the holder's license within one thousand (1,000) feet of any additional plenary retail distribution license(s) or plenary retail consumption licensed premises with packaged goods privileges other than the third holder licenses which currently exist, and (b) will not place the holder's license closer to a third holder license without at the same time placing the holder's license further away from another existing third holder's license, and (c) upon satisfactory demonstration of hardship to the Alcoholic Beverage Control Board, and upon a finding by the Alcoholic Beverage Control Board upon plenary hearing that such a transfer would be in the public interest, taking into consideration all relevant factors including but not limited to, factors of possible sanitation, fire hazard, or traffic problems, as well as the public interest against clustering of such licenses.
[1979 Code § 8-3.3; Ord. No. 54-74]
No limited retail distribution license shall be granted for or transferred to any premises within one thousand (1,000) feet of any existing plenary retail distribution licensed premises.
[1979 Code § 8-4.1; Ord. No. 28-1 § 1; Ord. No. 33-40; Ord. No. 61-76 § 2]
No alcoholic beverages shall be sold, served, delivered or consumed, nor shall any license permit the sale, service, delivery or consumption of any alcoholic beverage, directly or indirectly, upon the licensed premises between the following hours:
Monday through Thursday except January 1
2:00 a.m. and 6:00 a.m.
Friday and Saturday
3:00 a.m. and 6:00 a.m.
Sundays, except January 1
3:00 a.m. and 10:00 a.m.
December 25 when on a Monday through Thursday
2:00 a.m. and 6:00 a.m.
December 25 when on a Sunday
2:00 a.m. and 10:00 a.m.
January 1 when on a Sunday
6:00 a.m. and 10:00 a.m.
January 1 when on a weekday
5:00 a.m. and 6:00 a.m.
Other legal holidays*
3:00 a.m. and 6:00 a.m.
*Which shall include Martin Luther King Day, Washington's Birthday (observed), Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day and Thanksgiving Day.
[1979 Code § 8-4.2]
No license shall permit any person, patron or customer to consume any alcoholic beverages upon the licensed premises during the hours when the sale, delivery, service or consumption of alcoholic beverages is forbidden. During such hours the licensed premises, except restaurants and public dining rooms in hotels and premises operated by club licensees, shall remain closed to all persons except employees during such prohibited hours. No other persons shall be permitted to remain on the premises.
[1979 Code § 8-5.1; New]
No licensee and no employee or agent of a licensee shall sell, serve or deliver any alcoholic beverage to a person under the age of twenty-one (21) years except as permitted by law; nor shall a licensee permit the sale, service or delivery to or consumption of alcoholic beverages by any such person upon the licensed premises. If a licensee's employee or agent, authorized to sell, serve or deliver alcoholic beverages, sells, serves or delivers such beverages in violation of this subsection, the sale, service or delivery shall be deemed the act of the licensee as well as that of the employee or agent, and the licensee as well as the employee or agent shall be guilty of a violation of this chapter.
[1979 Code § 8-5.2]
No minor shall 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. No minor shall consume any alcoholic beverages on premises licensed for the retail sale of alcoholic beverages, nor purchase, attempt to purchase or have another purchase for him any alcoholic beverage.
[1979 Code § 8-5.3]
No person shall misrepresent or misstate his age or the age of any other person for the purpose of inducing any retail licensee to sell, serve or deliver any alcoholic beverage to a minor.
[1979 Code § 8-5.4; New]
Persons under the age of twenty-one (21) years shall not be allowed to frequent, loiter or remain in any room used or devoted to the sale, service or consumption of alcoholic beverages upon a licensed premises, unless accompanied by a parent, guardian or adult husband or wife; and persons under the age of sixteen (16) shall not be allowed, whether accompanied or not, to frequent, loiter or remain in any room used or devoted to the sale or consumption of alcoholic beverages upon a licensed premises. This subsection shall not apply to restaurants or guest rooms and private and public dining rooms in hotels.
[1979 Code § 8-5.5; New]
No person under the age of twenty-one (21) years except as permitted by law shall be permitted to sing, dance, perform, act, play in an orchestra, or in any manner exhibit himself in any performance or entertainment held, given, offered or conducted on the licensed premises.
[N.J.S.A. 33:1-81; New]
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, in accordance with N.J.S.A. 33:1-81, as amended, shall be punished by a fine of not less than five hundred ($500.00) dollars. In addition, the Court shall suspend the person's license to operate a motor vehicle for six (6) months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six (6) months beginning on the date he/she becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty 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.
[1979 Code § 8-6.1]
Each licensee shall display in the licensed premises, in such manner and place that it may be seen by anyone entering the premises, the license certificate issued pursuant to this chapter, such certificate to be framed under glass. A copy of the licensee's application for license, together with a copy of this chapter, shall also be displayed conspicuously in a place convenient for inspection in the main business room of the licensed premises.
[1979 Code § 8-6.2]
Licensed premises shall at all times be kept in a safe, clean and sanitary condition. All rooms, passageways, entrances, exits and stairways shall be well-lighted.
[1979 Code § 8-6.5; Ord. No. 30-65 § 1]
All licensees under this chapter who sell alcoholic beverages shall prominently post on their premises a warning of the dangers to the unborn children of women who consume alcoholic beverages while pregnant. The nature and type of warning signs shall be determined by the Board of Health of the City, which shall prepare and distribute the warning signs. Any licensee violating the provisions of this section shall be subject to a penalty as provided for in subsection 6-8.2.
[1979 Code § 8-7.1]
No licensee shall interfere with any inspection or search of premises for which a license has been issued, or of any building containing the same, or of licensed buildings, by any duly authorized agent of the City government; nor shall any licensee refuse or interfere with any duly authorized agent of the City testing or taking reasonable samples of any alcoholic beverages found on the premises for which a license has been issued, or in any building containing the same, or in the licensed buildings.
[1979 Code § 8-7.2]
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.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-3 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 stated which may be imposed for a violation of this chapter.
[1979 Code § 8-8.1; Ord. No. 34-42]
No entertainment shall be permitted on any premises having a retail consumption license unless the operator of the premises has also obtained an entertainment license in accordance with this section.
Entertainment shall be construed as including but shall not be limited to bands; musicians; musical instruments; vocalists; disc jockeys; rappers; comedians; dancers; actors; models; fashion shows; contests; tournaments; or any other activity which uses a video cassette recorder; video cassette player; compact disc; turntables; audio/video cassettes; motion pictures; radio/television, via cable or otherwise; transmission of special events including but not limited to concerts; sporting events; jukeboxes; disco; dancing; or any other activity which serves to in any way entertain.
Entertainment shall also include any form of entertainment defined in New Jersey Statutes Annotated; New Jersey Administrative Code; the Ordinance of the City of Linden; or any other provisions of law.
[1979 Code §§ 8-8.2, 23-3.1; Ord. No. 21-52 § 1; Ord. No. 52-31 § 1]
Application for an entertainment license shall be made in the manner provided in Section 4-1 of this Revision. The fee for the entertainment license shall be fifty ($50.00) dollars. In addition to the information required by Section 4-1, the application shall describe the types of dancing entertainment that will be offered and the hours and days of the week on which such entertainment is contemplated.
[1979 Code § 8-8.3; Ord. No. 19-271 § 1; Ord. No. 20-151 § 1; Ord. No. 21-45 § 10]
All dancing entertainment shall be subject to the following regulations:
a. 
Dancing on bars or tabletops shall be prohibited.
b. 
Indecent exposure by means of unduly abbreviated costumes shall not be permitted.
c. 
Any go-go dancer who performs in a lewd, indecent or immoral manner causing a charge to be brought against the owner at the time of the violation, shall also be charged with committing an offense.
d. 
"Mud wrestling" shall be prohibited.
e. 
Wrestling between go-go girls or any other persons shall be prohibited.
[1979 Code § 8-8.4; New]
In addition to such other penalties as may be provided by law, the license provided by this section may be suspended or revoked by the Board of Alcoholic Beverage Control for any of the following reasons:
a. 
A violation of any of the provisions of this section.
b. 
Violation of any other law or regulation applicable to the licensed premises as a retail consumption premises.
c. 
False statements in the application for the entertainment license.
d. 
Evidence that the licensed activity cannot be conducted on the premises without frequent disturbances.
[1979 Code § 8-9.1; Ord. No. 20-249 § 1; Ord. No. 23-57 § 1; Ord. No. 25-42 § 1; Ord. No. 33-30 § 1; Ord. No. 61-39]
Upon notification by the City Clerk to any person that his, their, or its application for a license, under and by virtue of the Act above referred to, has been approved before the license is granted, the licensee shall submit to a fingerprint process as mandated by the New Jersey Attorney General's Office and in accordance with N.J.S.A. 33:1-25 et seq. and N.J.A.C 13:2-14 et seq. Additionally, the licensee and every agent, bartender, waiter or other employee connected with or employed by the licensee or to be connected with or employed by the licensee shall also have photograph(s) taken by the Police Department which will be affixed to the necessary identification card as required in subsection 6-11.2.
a. 
In addition, the licensee shall require all agents, bartenders, waitresses or other employee shall submit to a fingerprint process as mandated by the New Jersey Attorney General's Office and in accordance with N.J.S.A. 33:1-25 et seq. and N.J.A.C. 13:2-14 et seq.
b. 
Should the applicants background check fail to qualify him/her in accordance with N.J.S.A. 33:1-25 et seq. and N.J.A.C. 13:2-14 et seq., the Police Department is hereby directed to revoke said photo identification card and notify the business owner of the employees ineligibility.
As used in this section, "licensee" shall mean all persons who are required to be listed on the ownership/office holder information sheet contained within the completed license application.
[1979 Code § 8-9.2; Ord. No. 20-249 § 1; Ord. No. 52-66 § 1; Ord. No. 61-39]
The Police Department shall furnish to the licensee and to every agent, bartender, waiter or other employee connected with or employed by the licensee a photo identification card showing compliance with the provisions of this section which shall be on file on the premises of the licensee so that it can be exhibited upon demand at any time. The holder of such an ID Card shall notify the Police Department of a change in their place of employment.
a. 
Grace Period Prior to Securing Identification Card. Every licensee and every agent, bartender, waiter or other employee associated with or employed by or to be associated with or employed by the licensee shall be granted a seven (7) day grace period prior to securing an identification card as set forth in this section, excepting entertainers and musicians.
b. 
Additional Requirement When Go-Go Performer or Musician Employed. All licensees that employ go-go dancers must maintain a separate work sheet which must be completed in detail prior to any performance by an individual listing the full name, address, age and Social Security number of every go-go performer and musician. The list is to be maintained current (on a daily basis) and kept on the premises of the licensee for the period of one (1) year.
c. 
Fee for Issuance. The fee for the issuance of a photo identification card by the Police Department is twenty-five ($25.00) dollars per card.
[1979 Code § 8-9.3; Ord. No. 20-249 § 1]
The terms "agent," "bartender," "waiter" or "other employee" as used in this section shall not be construed as including any musicians or entertainers who may be lawfully engaged by a licensee. No licensee shall engage any agent, bartender, waiter or other employee in connection with the business of the licensee, except musicians and entertainers, as may otherwise be permitted by law, until or unless the agent, bartender, waiter or other employee has conformed to the rules and regulations above set forth at any time prior to such employment and the identification card hereinbefore mentioned shall be effective prior to its expiration at the place of any licensee where such agent, bartender, waiter or other employee may then be employed, it being the intent hereof that an identification card while in effect shall be transferable from the place of one (1) licensee to another.
[1979 Code § 8-9.4; Ord. No. 20-249 § 1]
Every agent, bartender, waiter, or other employee shall forthwith notify the Police Department of any change in employment, and any licensee employing any agent, bartender, or other employee, who is the holder of an identification card from the Police Department, shall forthwith report to the Department the employment of any such agent, bartender, waiter, or other employee.
[1979 Code § 8-9.5; Ord. No. 20-249 § 1]
Every licensee and every agent, bartender, waiter or other employee or person connected with or employed by any licensee shall make full and complete answers under oath in writing on forms furnished by the Police Department to all questions printed on such blanks which shall be for the purpose of procuring information and data relating to or concerning the location, housing, and situation of any premises licensed under the Act and intended for use in the sale or dispensing of alcoholic beverages; and of information or data relating to or concerning the identity, character, antecedents, and general experience of the licensee and of any person or persons connected with or employed by any licensee.
[1979 Code § 8-9.6; Ord. No. 20-249 § 1]
No gambling device, lottery, except as permitted by State statute, or number slip shall be permitted in or about any licensed premises or on or about the person of any licensee, agent, bartender, waiter, or any other employee of any licensee.