Editor's Note: This Chapter 6 has received approval from the State of New Jersey Division of Alcoholic Beverage Control on February 4, 1997.
[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the City of Summit in accordance with the
provisions of an act of Legislature of the State of New Jersey entitled
An Act Concerning Alcoholic Beverages, comprising Chapter 436 of the
Laws of 1933, its supplements and amendments, and also comprising
N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations
of the State Director of Alcoholic Beverage Control.
[New]
For the purpose of this chapter, words and phrases herein shall
have the same meaning as in N.J.S.A. 33:1-1 et seq., and the rules
and regulations of the Director of the Division of Alcoholic Beverage
Control.
[New]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the acts, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[New]
All licenses required by this chapter shall be issued by the
Common Council, which shall also administer the provisions of this
chapter.
[1983 Code Part VI T.1 § 1]
No person shall possess, sell, distribute or transport alcoholic
beverages within the City of Summit, except pursuant to the license
issued by the Common Council or the State Department of Alcoholic
Beverage Control or as otherwise expressly allowed or provided by
the Alcoholic Beverage Law being N.J.S.A. 33:1-1 et seq.
[1983 Code Part VI T.1 § 6]
All applications for licenses shall be made on forms prescribed
by the State Commissioner of Alcoholic Beverage Control.
[1983 Code Part VI T.1 § 7; Ord.
No. 2003 § 3]
All licenses issued by the Common Council under this chapter
shall be subject to the terms thereof including inspection by the
Code Enforcement Agencies and background investigations by the Police
Department and to the rules and regulations promulgated by the State
Commissioner of Alcoholic Beverage Control.
[1983 Code § 1 Part VI § 2; Ord. No. 1174 § 5; Ord.
No. 2003 § 1]
The licenses shall be issued for a period from July 1 of each
year to June 30, the following year, both inclusive. The fee for obtaining
application forms shall be five ($5.00) dollars, payable to the City
Clerk.
[1983 Code Part VI T. 1 §§ 3, 4, 5, 8; Ord. No. 1829, § 1; Ord. No. 1899 § 1; Ord.
No. 2003 § 2; Ord. No.
2254 § II; Ord. No. 2272 § 1; Ord. No. 2339 § 3; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
a.
Annual Fees. The annual fees and maximum number of licenses for the
sale or distribution of alcoholic beverages in the City of Summit
shall be as follows:
|
Class of License
|
Annual License Fee
|
Maximum Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,400.00
|
8 (premises operated as a bona fide restaurant)
|
|
Plenary Retail Distribution License
|
$1,980.00
|
12
|
|
Club License
|
$180.00
|
4
|
b.
No plenary retail consumption license shall be issued except for
premises being operated as a bona fide hotel having one hundred (100)
or more rooms equipped for the accommodation of guests, or for premises
operated as a bona fide restaurant as hereinafter defined.
1.
Hotels Containing One Hundred (100) Sleeping Rooms. Nothing in paragraph
a of this subsection shall be deemed to prohibit issuance of a new
plenary retail consumption license to a person operating a hotel containing
at least one hundred (100) bona fide sleeping rooms; provided, however,
that any such new plenary retail consumption license shall be issued
subject to the condition that the establishment continue in operation
as a hotel containing at least one hundred (100) bona fide sleeping
rooms, and provided further that such license shall not be renewed
or transferred except for premises operated as a hotel containing
at least one hundred (100) bona fide sleeping rooms.
2.
Definition. As used in this chapter:
The term "bona fide restaurant" shall mean an establishment
regularly and principally used for the purpose of providing luncheon
and dinner meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of food for its
customers, and in which no other business, except such as is incidental
to such establishment (including the furnishing of catering services),
is conducted. Except for catering services, there shall be a choice
of at least two (2) or more hot meals the major item of which shall
consist of meat or fish or both, six (6) or more different kinds of
sandwiches and two (2) or more nonalcoholic beverages. Catering services
shall receive licenses or permits, as the case may be, from the Licensing
Bureau of the Division of Alcoholic Beverage Control.
c.
Number of Licenses Required. The number of Plenary Retail Consumption
licenses issued pursuant to paragraph a for premises operated as a
bona fide restaurant shall not exceed eight (8). This limitation shall
not apply to a bona fide hotel as described in paragraph b1 herein.
d.
Restriction on Club Licenses. No club licensee or agent or employee
of such licensee shall sell alcoholic beverages to any person other
than bona fide members of the club and their guests.
[1983 Code Part VI T.1 § 14; Ord.
No. 2003 § 4; amended 11-6-2019 by Ord. No. 19-3201]
a.
No plenary
retail consumption license or plenary retail distribution license
(hereinafter known as "licenses" or "license") shall be granted or
transferred to or for premises other than where located at the time
of the passage of this section (July 15, 1980) except to or for premises
located more than 300 feet from premises at which an existing license
is located.
b.
The Common Council, in its discretion, may waive, by resolution, the distance limitation in Subsection a as to the issuance, relocation or transfer of any premises located 300 feet or less from premises at which an existing license is located.
c.
In the case of a transfer from one premises to another, place-to-place,
a hearing shall be held with the time and place to be established
by the Common Council. The hearing shall be stenographically recorded
with the providing of and paying for same being the responsibility
of the applicant.
[1983 Code Part VI T.1 § 15; amended 11-6-2019 by Ord. No. 19-3201]
a.
If the
State of New Jersey permits the sale of alcoholic beverages, including,
but not limited to, beer, ale and wine, by retail stores or food service
establishments (hereinafter known as "store" or "stores") without
the necessity of obtaining a license from the City of Summit, no such
store shall be permitted to sell, distribute or serve any such alcoholic
beverage unless it is located more than 300 feet from premises at
which an existing license is located. Where two or more stores are
located within 300 feet of each other and one or more is within 300
feet from premises at which an existing license is located, Common
Council, on application, shall decide which, if either or more than
one, store shall be permitted to sell, distribute or serve alcoholic
beverages at their locations. In making its determination, Common
Council shall consider the location of each applicant's premises with
respect to schools, churches, residential zones and parks, the condition
of the premises in question, the absence of violations of the existing
health and building codes, and parking and traffic conditions.
b.
In the
event a store qualifies to sell, distribute or serve alcoholic beverages,
not more than 10% of its selling area can be devoted to the sale of
alcoholic beverages.
[1983 Code Part VI T.1 § 16; amended 11-6-2019 by Ord. No. 19-3201]
The 300 feet as referred to in Subsections 6-4.1 and 6-4.2 hereof shall be measured by a straight line from the nearest entrance of the existing licensed premises to the nearest entrance of a proposed new location of licensed premises.[1]
[1]
Editor's Note: Letter, Division of Alcoholic Beverage Control, dated July 18, 1980, advises "Attention is directed to Section 16 (recodified as subsection 6-4.3), wherein you state the 1500 foot distance shall be measured by a straight line from the nearest entrance of the existing licensed premises to the nearest entrance of a proposed new location of licensed premises. The Division's determination of a "straight line" is "as the crow flies." N.J.S.A. 33:1-176 (Determination of distance) clearly defines the determination of distances between licensed premises."
[1983 Code Part VI T.1 § 17]
a.
Club and hotel licenses.
b.
Licenses existing at the time of the passage of these sections.
c.
Licenses located at premises destroyed by fire or other disaster
where the owner of the premises does not rebuild and enter into a
lease agreement with licensee.
d.
Licenses located at premises which are conveyed to a public body
for public purposes under condemnation powers or the threat thereof.
[Ord. No. 1804 §§ 1,
2; 1983 Code Part VI T. 1 § 1; Ord. No.
2053 § 1; Ord. No. 2290 § 1; Ord. No. 2339 § 1; Ord. No. 2017-3146]
a.
Consumption of Alcoholic Beverages on Licensed Premises. Licensees
may only sell, serve, deliver, or allow, permit or suffer consumption
of any alcoholic beverage upon the licensed premises between the following
hours and at no other time:
b.
Sales of Alcoholic Beverages in its Original Container. Plenary retail
distribution licensees may only sell or deliver, or allow, permit
or suffer the sale or delivery of any alcoholic beverage in its original
container for consumption off the licensed premises, or allow, permit
or suffer the removal from licensed premises of any alcoholic beverage
in its original or opened container on a Sunday between 12:00 noon
and 9:00 p.m. and between 9:00 a.m. and 9:00 p.m. on a weekday and
at no other time.
c.
Sale of Beer or Wine in Original Container for Off-Premises Consumption.
Licensees may only sell beer or wine in its original container for
consumption off the licensed premises between the hours set forth
in paragraph a of this subsection and at no other time.
[Ord. No. 1804 § 1;
1983 Code Part VI T.1 §§ 2, 3; Ord.
No. 2053 § 3; Ord. No.
2290 § 2; Ord. No. 2339 § 2]
Provisions of subsection 6-5.1 shall not apply on New Year's Day (January 1).
Plenary retail consumption licensees, on New Year's Day may
sell, deliver, or allow, permit or suffer the sale or delivery of
any alcoholic beverage or suffer consumption of any alcoholic beverage
or upon the licensed premises until 2:00 a.m.
[New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or person under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[New]
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises shall be closed, with the exception of
hotels and restaurants, and no person shall be admitted or permitted
to remain thereon except the licensee or bona fide employees of the
licensee.
[Ord. No. 2339 § 4]
Any person, partnership, association or corporation violating
this section shall be punishable, upon conviction thereof, by a fine
not exceeding two hundred ($200.00) dollars, or by imprisonment not
exceeding ninety (90) days or both, such fine and imprisonment at
the discretion of the Court.
[1983 Code Part VI T.1 § 9; New]
Any license issued pursuant to this chapter may be suspended
or revoked for violation of any of the provisions of this chapter,
the Alcoholic Beverage Law or Alcoholic Beverage Tax Act or any of
the rules and regulations promulgated or to be promulgated by the
State Commissioner of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance
with the provisions of N.J.S.A. 33:1-31 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 which may be imposed for a violation of this chapter.
[New]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
[N.J.S.A. 33:1-81]
It shall be unlawful for:
a.
A person under the legal age for purchasing alcoholic beverages to
enter any premises licensed for the retail sale of alcoholic beverages
for the purpose of purchasing or having served or delivered to him
or her, any alcoholic beverage; or
b.
A person under the legal age for purchasing alcoholic beverages to
consume any alcoholic beverage on premises licensed for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or
have another purchase for him any alcoholic beverages, or
c.
Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his
age have the right to purchase and consume alcoholic beverages.
d.
Violations. 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, shall be punished by a fine of not less
than one hundred ($100.00) 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
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.
