[Adopted 9-7-34 as Ord. No. 2-34]
This ordinance is for the purpose of regulating the sale, distribution and consumption of alcoholic beverages in the Borough of Waldwick, in the County of Bergen, in accordance with the provisions of the Act of Legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments, and in accordance with the rules and regulations issued or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable thereto.
The Mayor and Council of the Borough of Waldwick shall constitute the authority for the administration of issuance of licenses under this ordinance of all such licenses to said State Commissioner of Alcoholic Beverage Control.
No license shall be issued except after written application presented by the proposed license, upon forms approved by the governing body, and after conformity with publication of notice or otherwise, as required by said act and this ordinance.
[Added 10-5-45 by Ord. No. 1-45]
Not more than three (3) plenary retail consumption licenses and not more than one (1) plenary distribution license shall be issued and outstanding in the Borough of Waldwick at the same time, but this shall not prevent the renewal of licenses presently outstanding or the transfer of such license and the renewal of licenses so transferred.
(See Chapter 48:29-5.)
The holder of a plenary retail consumption license shall be entitled, subject to rules and regulations, to sell for consumption on the licensed premises any alcoholic beverage by the glass or other open receptacles and also to sell all alcoholic beverages in original containers for consumption off the licensed premises. Such licenses shall not permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drugstore or other mercantile business is carried on, except the keeping of a hotel or restaurant or the sale of cigars and cigarettes at retail as an accommodation to patrons or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages.
The holder of a plenary retail distribution license shall be entitled, subject to rules and regulations, to sell any alcoholic beverage for consumption off the licensed premises, but only in original containers
All licenses shall be for a term of one (l) year from the first day of July in each year, and all fees shall be paid in advance upon presentation of the application.
[Amended 12-30-86 by Ord. No. 23-86]
Licenses shall not be transferable. A separate license shall be required for each specific place of business, and each license shall be effectual only for the licensed premises mentioned therein; provided, however, that upon an application for a transfer in the same manner as for an original application and upon publication of intention to transfer in the same manner as the case of an original application, the governing body may issue a transfer of such license to a different place of business by endorsing such permission upon such license and upon payment of a fee in accordance with N.J.S.A. 13:2-7.15 et seq.
Any license issued under this ordinance may be suspended or revoked for violation of any of the provisions of this ordinance or any of the provisions of said act or said statutes heretofore mentioned or of any of the regulations and rules prescribed by the State Commissioner of Alcoholic Beverage Control. Proceedings for suspension or revocation shall be in accordance with the provisions of said act by service of a five-day notice of charges preferred against the licensee, as provided in said act, and affording a reasonable opportunity for a hearing, and such suspension or revocation shall carry the penalties and prohibitions provided for in said act.
All premises in which said alcoholic beverages shall be sold or otherwise dispensed shall have reasonable access of light from the public highway, and such premises shall be deemed to have reasonable access of light when a normal-sized adult can, on inspection from the exterior, view the interior of said licensed premises.
[Amended 4-18-41 by Ord. No. 1-41]
A. 
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on the licensed premises between the hours of 2:00 a.m. and 10:00 a.m.; seven days a week.
[Amended 3-13-84 by Ord. No. 3-84; 2-28-2023 by Ord. No. 2023-02]
B. 
The hours specified herein shall be deemed and construed to refer to the prevailing time.
[Amended 11-28-78 by Ord. No. 19-78]
No minor shall be allowed in any room in which any bar is located, unless accompanied by a parent.
[Repealed 2-26-74 by Ord. No. 3-74]
No person shall be served in any back room or side room which is not open to the use of the public generally, except that in hotels guests may be served in their rooms or in private or public dining rooms.
No license shall be issued for the sale of alcoholic beverages within two hundred (200) feet of any church or public school or private schoolhouse not conducted for pecuniary profit, except to manufacturers, wholesalers, hotels, clubs and fraternal organizations which own or are actually in possession of the licensed premises at the time of effectiveness of the aforesaid act; provided, however, that this prohibition may be waived at the issuance or renewal of such license, by the duly authorized governing body or authority of such school or church, and such waiver shall be effective until the date of the next renewal of said license, and provided also that this prohibition shall not apply to the renewal of any license where no such school or church was located within said prohibited distance of said licensed premises at the time of issuance of said license, or as otherwise excepted by the provisions of said act.
Any person, except an officer or other person authorized by and acting pursuant to instruction from such officer, so doing in the course of and for the purpose of enforcing said act, who shall knowingly purchase, receive or procure any illicit beverage, on conviction thereof, shall be subject to a fine of not less than ten dollars ($10) and not more than one hundred dollars ($100) or imprisonment for not less than two (2) days and not more than ten (10) days, or by both such fine and imprisonment, in the discretion of the court.
Any person who shall knowingly violate any of the other provisions of this ordinance and said act shall, upon conviction, be subject to a fine of not less than fifty dollars ($50) and not more than two hundred fifty dollars ($250) or imprisonment for not less than ten (10) days and not more than ninety (90) days, or by both such fine and imprisonment, in the discretion of the court.
This ordinance shall take effect on July 1, 1934, after publication in the manner required by law.