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.
[1]
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
and a full-service restaurant with at least 50 seats at tables. The
total number of such licenses to be issued by the City of Wildwood
may be five licenses which are to be issued by public sale. 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.
[Amended 1-9-2019 by Ord. No. 1131-18]
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.
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.
[Added 8-26-2020 by Ord. No. 1173-20]
Former subsection 5-7.1, Boardwalk, previously codified herein,
was repealed in its entirety by Ordinance No. 878-11.
a.
Plenary retail consumption licenses are permitted in the Boardwalk
(BA), Boardwalk Amusement (BA-1), and Pier (P) Zoning Districts. No
other types of alcoholic consumption licenses shall be permitted.
b.
No more than six plenary retail consumption licenses shall be permitted
in the Boardwalk (BA), Boardwalk Amusement (BA-1), and Pier (P) Zoning
Districts, combined.
c.
Approval of the transfer of a liquor license to the Boardwalk Amusement
(BA), Boardwalk Amusement 1 (BA-1), or Pier (P) Zoning Districts must
be approved by the Board of Commissioners, in its sole and absolute
discretion, after approval of the conditional use by the Joint Planning
and Zoning Board, which approval shall be subject to the approval
of the transfer of the liquor license. Approval by the Joint Planning
and Zoning Board of the aforementioned conditional use shall not entitle
the applicant to an approval of a license transfer to the BA, BA-1,
or P zones, which may only be granted by the Board of Commissioners
in their sole and absolute discretion.
[Amended 8-26-2020 by Ord. No. 1173-20]
a.
The sale of alcoholic beverages shall only be permitted between the
hours of 10:00 a.m. and 11:00 p.m. prevailing time, and no consumption
of alcoholic beverages shall be permitted within the restaurant after
11:30 p.m. and prior to 10:00 a.m., prevailing time.
b.
Entertainment and 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, BA-1, or
P zones must be approved by the Local Alcoholic Beverage Control Board,
in its sole and absolute discretion, after approval of the conditional
use by the Joint Planning and Zoning Board.
d.
Service of alcoholic beverages shall require a management/security
plan to be submitted for review and approval to the Local Alcoholic
Beverage Control Board, which shall be reviewed in conjunction with
the Police Department, which demonstrates that alcoholic beverages
shall be served in a controlled, dignified and upscale manner.
e.
No alcoholic beverages may be removed from the licensed premises
by a patron at any time. No packaged good sales are permitted.
f.
Signs indicating the legal drinking age and that the facility will
check identification are to be displayed at every outlet where the
public may purchase alcoholic beverages.
g.
All regulations of the Alcoholic Beverage Control Authority and all
regulations contained in the Code of the City of Wildwood, to the
extent not inconsistent with these conditions, shall remain applicable
to all facilities.
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.
[Added 8-26-2020 by Ord. No. 1173-20]
No sale or consumption of alcoholic beverages shall be permitted
in the Beach Zoning District without a special permit issued by the
City.
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.
