[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.
[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:
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Class of License
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Annual License Fee
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a.
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Plenary retail consumption licenses
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$1,400.00
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b.
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Plenary retail distribution licenses
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$950.00
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c.
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Club licenses
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$300.00
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d.
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Limited retail distribution licenses
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$100.00
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e.
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Hotel License
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$2,500.00
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f.
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Complete application (Fee payable at the time application form
is obtained)
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$25.00
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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
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$500.00
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Partnership/wife/sibling
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$500.00
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Partnership/corporation
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$750.00
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Additional partner or amend corporation
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$250.00 each
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Employee work permit (Photo ID)
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$25.00
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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
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2:00 a.m. and 6:00 a.m.
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Friday and Saturday
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3:00 a.m. and 6:00 a.m.
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Sundays, except January 1
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3:00 a.m. and 10:00 a.m.
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December 25 when on a Monday through Thursday
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2:00 a.m. and 6:00 a.m.
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December 25 when on a Sunday
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2:00 a.m. and 10:00 a.m.
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January 1 when on a Sunday
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6:00 a.m. and 10:00 a.m.
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January 1 when on a weekday
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5:00 a.m. and 6:00 a.m.
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Other legal holidays*
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3:00 a.m. and 6:00 a.m.
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*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.
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[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.