[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.
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.