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City of Wildwood, NJ
Cape May County
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Table of Contents
Table of Contents
Laws concerning alcoholic beverage control are contained in Title 33 of the Revised Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, R.S. 33:3—40. State law prescribes the types of licenses that may be issued, their number, license fees and the permissible regulation of licensed premises, R.S. 33:1—40.
This chapter is adopted in accordance with the authority granted by, and for the purpose of rendering effective, the provisions of N.J.R.S. 33:1-1 to 33:1-96, and the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey.
Words and phrases used in this chapter shall have the meanings given to them by N.J.R.S. 33:1 to 33:1-96, and the rules and regulations of the Director of the Division of Alcoholic Beverage Control of the State of New Jersey.
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Pursuant to ordinance, no liquor license shall be issued to any person, persons or corporation seeking to operate any business which requires the issuance of such license or such licenses and which is situate within the City of Wildwood, nor shall any such license or licenses be renewed, unless the applicant therefor has first submitted sufficient proof to the clerk of the City of Wildwood that there are no delinquent local real property taxes, water charges, or sewer charges on the lands and/or premises upon which the business applying for such liquor license shall be proposed to operate within the City of Wildwood.
See also:
Section 2-28, Delinquent Local Real Property Taxes.
Subsection 10-2.13 Appendix A, Delinquent Water Charges.
Subsection 10-5.8, Delinquent Sewer Charges.
a. 
The classes of licenses, annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the City of Wildwood shall be as follows:
Class of Licenses
Annual Renewal License Fees
No. of Licenses
One-day licenses
$40.00
Concessionaire license
$1,200.00
Beginning in 2012, the annual municipal renewal fee for a plenary retail consumption license (PRC) shall be increased by 20 percent per year, until it reaches the state-maximum of two thousand five hundred ($2,500.00) dollars, as follows:
License Type
Year
Fee
Plenary retail consumption license
2012
$1,400.00
Plenary retail consumption license
2013
$1,728.00
Plenary retail consumption license
2014
$2,074.00
Plenary retail consumption license
2015
$2,489.00
Plenary retail consumption license
2016
$2,500.00
Beginning in 2016 and continuing thereafter, the annual renewal fee for a Plenary Retail Consumption License shall be two thousand five hundred ($2,500.00) dollars per license. The above fees listed do not include applicable mercantile, Tourism Development Fees (TDF), and Tourism Development Commission (TDC) fees.
Beginning in 2012, the annual municipal renewal fee for a plenary retail distribution license (PRD) shall be increased by 20 percent per year, until it reaches the state-maximum of two thousand five hundred ($2,500.00) dollars, as follows:
License Type
Year
Fee
Plenary retail distribution license
2012
$1,037.00
Plenary retail distribution license
2013
$1,245.00
Plenary retail distribution license
2014
$1,493.00
Plenary retail distribution license
2015
$1,792.00
Plenary retail distribution license
2016
$2,150.00
Plenary retail distribution license
2017
$2,500.00
Beginning in 2017 and continuing thereafter, the annual renewal fee for a Plenary Retail Distribution License shall be two thousand five hundred ($2,500.00) dollars per license. The above fees listed do not include applicable mercantile fees, Tourism Development Fees (TDF), and/or Tourism Development Commission (TDC) fees.
Beginning in 2012, the annual municipal renewal fee for a Hotel/Motel License (HM) shall be increased by 20 percent per year, until it reaches the state-maximum of two thousand five hundred ($2,500.00) dollars, as follows:
License Type
Year
Fee
Hotel/motel license
2012
$1,400.00
Hotel/motel license
2013
$1,728.00
Hotel/motel license
2014
$2,074.00
Hotel/motel license
2015
$2,489.00
Hotel/motel license
2016
$2,500.00
Beginning in 2016 and continuing thereafter, the annual renewal fee for a hotel/motel license shall be two thousand five hundred ($2,500.00) dollars per license. The above fees listed do not include applicable mercantile, Tourism Development Fees (TDF), and Tourism Development Commission (TDC) fees.
b. 
It is hereby determined that there shall be no limited retail distribution license granted within the City of Wildwood.
c. 
No plenary retail distribution licensee shall conduct any mercantile business at the licensed premises other than the sale of alcoholic beverages for consumption off the licensed premises in original containers and the retail sale of distillers and vintners packaged holiday merchandise prepared as a unit with suitable glassware as gift items to be sold only as a unit, the sale of novelty wearing apparel identified with the name of the establishment licensed under the provision of this act, cigars, cigarettes, packaged crackers, chips, nuts, pretzels and similar snacks, ice and nonalcoholic beverages as accessory beverages to alcoholic beverages.
d. 
All of said annual license fees, for the several classes of licenses, for the sale of alcoholic beverages in the City of Wildwood for which the license fee is two hundred ($200.00) dollars or less shall be assessed and charged an additional fee of 50 percent of said license fee to carry out the purpose of the City of Wildwood tourist development commission.
e. 
All of said annual license fees, for the several classes of licenses, for the sale of alcoholic beverages in the city, for which the license fee is in excess of two hundred ($200.00) dollars shall be assessed and charged an additional fee of one hundred ($100.00) dollars to carry out the purpose of the City of Wildwood tourist development commission.
a. 
The limitation on the number of licenses imposed by subsection 5-3.1 shall not apply to existing licenses or to their renewal or transfer.
b. 
Pursuant to N.J.S.A. 33:1-12.21, it is the desire of the City of Wildwood to limit the issuance of liquor licenses by the city. Liquor licenses may be issued to hotels/motels in the City of Wildwood, provided that the hotels/motels have a minimum of 100 guest sleeping rooms. The total number of such licenses to be issued by the City of Wildwood will be five licenses. A guest sleeping room shall be defined as a partitioned part of the inside of a hotel/motel building, which contains a bed or beds, and is maintained primarily for sleeping purposes and which is let out by its owner, or any agent of its owner, at any time for compensation, whether on a daily, periodic, weekly or seasonal basis and whether to relatives, friends, guests or other third parties.
Notice of all applications for licenses, for the renewal of licenses, or for the transfer of licenses from place to place or person to person shall be according to the form required by law and by state rules and regulations, and the provisions of this chapter governing licenses.
Proof of publication and notice of an application for a license, or the renewal or transfer of a license, under the provisions of this chapter, shall be furnished to the city clerk immediately after the second publication and shall be in the form prescribed by state rules and regulations.
Applications for alcoholic beverage licenses shall be considered by the board of commissioners on Thursdays of each week at 10:30 a.m. When Thursday is a holiday, applications shall be considered on the next succeeding business day. Applications for alcoholic beverage licenses shall be heard and considered in public at the commission chambers in the City Hall, and any person may be heard either for or against the granting of a license.
No person shall be served alcoholic beverages in any room which is not open to the use of the public generally. This subsection shall not apply to hotels or motels where the entire premises are licensed. In such hotels or motels, guests may be served in their rooms or in public or private dining rooms.
No licensee shall sell, serve or deliver, or permit the sale, service or delivery, of any alcoholic beverage, directly or indirectly, to any mentally defective, habitual drunkard, actually or apparently intoxicated person or minor. No licensee shall permit any of the classes of persons named herein to congregate in or about the licensed premises.
During the hours that the sale or service of alcoholic beverages is prohibited, the entire licensed premises shall be closed. This subsection shall not apply to any premises where a restaurant, hotel, motel, bowling alley or similar business is conducted. The foregoing places may remain open during the prohibited hours in order to carry on normal business activities, except for the sale or service of alcoholic beverages. If the premises remain open, however, the bar and any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed.
No licensee shall sell, serve or deliver any alcoholic beverages for off-premises consumption, except in the original unopened containers.
The following hours of operation shall apply to all establishments serving alcoholic beverages in the City of Wildwood:
a. 
Entertainment by live actors, musicians, vocalists, or other performers including amateur entertainment or volunteers shall not be permitted in any premises licensed to sell alcoholic beverages between the hours of 3:00 a.m. and 7:00 a.m.
b. 
Entertainment other than that provided by live actors, musicians or other performers such as phonographs or jukeboxes shall not be permitted in any premises licensed to sell alcoholic beverages between the hours of 3:00 a.m. and 7:00 a.m.
c. 
Subject to subsection 5-5.6e below, alcoholic beverages shall not be permitted to be sold, served, delivered or dispensed between the hours of 3:00 a.m. and 7:00 a.m. in any premises licensed to sell alcoholic beverages.
d. 
Alcoholic beverages shall not be consumed on any premises licensed to sell alcoholic beverages between the hours of 3:30 a.m. and 7:00 a.m.
e. 
No premises licensed for sale, service, delivery or consumption of alcoholic beverages shall permit the sale of alcoholic beverages for off premises consumption between the hours of 2:00 a.m. and 7:00 a.m.
f. 
Subject to the provisions of subsection 5-5.4 above, between the hours of 3:30 a.m. and 7:00 a.m. all licensed premises shall be closed and all patrons shall be vacated from the same by 3:30 a.m.
Notwithstanding any provisions of any other ordinance of the City of Wildwood to the contrary, all premises licensed for plenary retail consumption shall be permitted to maintain on a licensed premises an amusement device commonly known as a mechanical bull; provided, however, that prior to permitting patrons to use the mechanical bull, the bull shall be inspected and licensed by the State of New Jersey, Department of Labor and Industry or such other agency of the state that is responsible for the inspection of amusement rides, further, that a licensee shall be required to obtain a liability policy for personal injury for persons using the mechanical bull with minimum limits of five hundred thousand ($500,000.00) dollars per person. Accessory use permitted by this subsection shall be limited to provide for only one mechanical bull for each licensed premises.
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Editor's Note: Former section 5-6 entitled "Noise" was repealed in its entirety. For noise standards refer to Chapter 3A in this volume.
Former subsection 5-7.1, Boardwalk, previously codified herein, was repealed in its entirety by Ordinance No. 878-11.
a. 
Sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 12:00 midnight, prevailing time, and no consumption of alcoholic beverages shall be permitted within the restaurant after 12:30 a.m. and prior to 10:00 a.m., prevailing time;
b. 
Entertainment and the music shall be subdued background music, played low enough so as not to be audible on the boardwalk;
c. 
Approval of the transfer of a liquor license to the BA or P districts must be approved by the governing body after approval of the conditional use by the joint planning and zoning board, which approval shall be subject to the approval of a transfer of the liquor license;
d. 
No alcoholic beverages may be removed from the restaurant premises by a person at any time;
e. 
The area between any entrance and exit to the restaurant shall be separated by a wall and require a ten foot walkway from any entrance or exit to any swimming area or amusement area if on a pier, except as emergency fire exits may require if approved. Trained staff shall be present at all entrances and exits to assure that alcoholic beverages do not leave the licensed premises;
f. 
In addition to any other fine or penalty provided by the city code or other state law, in the event that two violation of sales to minors occur at the restaurant in any 12 month period resulting in convictions in municipal court or upon proof in municipal court of two instances of intoxicated persons entering any amusement ride, water slide on adjacent premises, the judge of the municipal court is hereby authorized to, and shall suspend or revoke any permit for the restaurant to continue to serve alcoholic beverages;
g. 
The city alcoholic beverage control board may revoke or suspend the license of any restaurant serving alcoholic beverages which is otherwise permitted by this section, or section 17-411D3c or 12-411E3c of the Land Development Ordinance after a violation of Title 33 of New Jersey Statutes or a violation of the Criminal Code, or for other good cause after a hearing. Upon revocation, the license may be transferred to any other location in the City of Wildwood not in the BA or P district if the license is not otherwise ineligible for transfer or cancelled pursuant to other law.
Notwithstanding any other provisions of the zoning ordinance, no use in an area of the R-2 district as described below shall be permitted to sell or dispense alcoholic beverages. However, alcoholic beverages shall be permitted to be sold in the Convention Hall on a one-day permit basis only, provided the Convention Hall facility is owned by an agency of the city or state agency or authority. This area shall be defined as follows: That area in the R-2 district east of a line beginning at the intersection of Cresse Avenue and Ocean Avenue running north along Ocean Avenue to its intersection with Schellenger Avenue and in that area of the R-2 district east of a line beginning at the intersection of Wildwood and Ocean Avenues, running north along Ocean Avenue to 26th Avenue.
Notwithstanding any provision of this chapter, city council may permit the sale of alcoholic beverages in any zoning district on a one-day permit basis as provided in R.S. 33:1-74 or on a catering permit basis as provided by regulation or rule of the New Jersey Division of Alcoholic Beverage Control.
No minor shall enter any premises licensed for the sale of alcoholic beverages unless accompanied by his or her parent or guardian, except as provided hereinafter. This shall not apply to minors who are guests at bona fide hotels, motels or restaurants, or who enter a licensed premises where food is sold for the purpose of purchasing food, or who are required to enter a licensed premises in the course of their business or occupation.
Minors shall also be permitted to enter premises licensed for the sale of alcoholic beverage consumption provided that the persons or entities to which the license is issued have received prior approval by formal resolution adopted by the city council and have complied with the following requirements:
a. 
There shall be a separate entrance and exit for minors if portions of the licensed premises are otherwise used for the sale and/or consumption of alcoholic beverages.
b. 
There shall be no alcohol served in the area where minors are permitted or to which such minors would have access. Any alcohol stored in the area where minors are permitted or to which such minors would have access shall be secured in a manner which shall ensure that the same shall not be either visible or accessible and the means of securing such alcohol shall be approved by the city clerk, who shall have the sole and exclusive authority to either approve or disapprove the means of securing such alcohol.
c. 
The premises shall pass an inspection by the city construction office to insure that all construction, electrical, plumbing, fire and other codes adopted by the city are satisfied on the subject premises.
d. 
The resolution permitting minors to be in the premises other-wise licensed for the consumption of alcoholic beverage shall contain such terms and conditions that are deemed appropriate by the city council.
It shall be unlawful for a minor to consume, to have consumed, to purchase, attempt to purchase, or have purchased for him or her, or have in his or her possession any alcoholic beverage. For purposes of this subsection, "consume" or "consumed" excludes those instances where a minor, in the home, apartment or rental unit of his or her own parent or parents, or an adult in loco parentis, under the supervision and control of his or her own parent or parents, consumes or has consumed any alcoholic beverage.
a. 
No minor shall have in his possession any altered or false document for the purpose of identification or establishing his age with the intent to use the same in order to purchase alcoholic beverages. Possession of such documents by a minor shall be prima facie evidence of intent to use them to purchase alcoholic beverages.
b. 
No minor shall misrepresent his age to any person in connection with the purchase or consumption of alcoholic beverages in the city.
c. 
No person shall permit the use of any document owned by or issued to him by any minor for the purpose of purchasing alcoholic beverages in the city.
No minors shall appear in any public place in the city while under the influence of alcohol, whether such alcohol was consumed within the city or outside the city. Any minor found within the city to be under the influence of alcohol shall be deemed guilty of a violation of this chapter.
It shall be unlawful for anyone to purchase for, attempt to purchase for, furnish to or attempt to furnish to a minor any alcoholic beverages, except in those instances where such purchase or furnishing leads to the consumption by a minor of alcoholic beverages which is excluded from the coverage of subsection 5-8.1 hereof.
It shall be the duty of the police department of the City of Wildwood to enforce the provisions of this chapter.
Any license issued under this chapter may be suspended or revoked by the board of commissioners for the violation of any provision of this chapter or the violation of any of the provisions of N.J. R.S. 33:1-1 to 33:1-96, and the rules and regulations of the Director of the Division of Alcoholic Beverage Control of the State of New Jersey. Proceedings for the suspension or revocation of a license shall be in accordance with the provisions of the statute cited, by service of a five-day notice of charges preferred against the licensee. The licensee shall be afforded a reasonable opportunity for a hearing. Suspension or revocation shall carry the penalties and prohibitions provided for in the statute cited, and shall be in addition to any other penalty imposed for a violation of this chapter.