[Adopted 9-6-1950 as Ord. No. C-424]
This article is for the purpose of regulating the sale and transportation of alcoholic beverages in the City of Perth Amboy in accordance with the provisions of Title 33 of the Revised Statutes of New Jersey,[1] its supplements and amendments, and in accordance with the rules and regulations from time to time issued and promulgated by the Director of the Division of Alcoholic Beverage Control applicable thereto.
[1]
Editor’s Note: See N.J.S.A. 33:1-1 et seq.
All applications for licenses under this article and all licenses issued thereunder and proceedings in connection therewith shall be subject to the provisions of the aforesaid Title 33 and the said rules and regulations issued and promulgated by the said Director of the Division of Alcoholic Beverage Control applicable thereto, and shall be subject to any other statutes of New Jersey or of the United States now existing or hereafter enacted affecting the subject of this article.
The Council of the City of Perth Amboy, being the governing body of the City, shall constitute the authority for the issuance and administration of all licenses under this article and shall make such reports to the Director of the Division of Alcoholic Beverage Control as may be required by statute or the rules and regulations promulgated by the said Director.
It shall be unlawful to sell or distribute alcoholic beverages in the City of Perth Amboy without a license previously applied for and duly granted pursuant to the provisions of the said Title 33.
[Amended 2-1-1983 by Ord. No. 316-83; 12-1-1992 by Ord. No. 649-92; 4-25-2011 by Ord. No. 1552-2011]
A. 
The fee for a plenary retail consumption license shall be one thousand four hundred$1,472 for the year 2011; $1,766 for the year 2012; $2,120 for the year 2013 and $2,500 for the year 2014 and every year thereafter.
[Amended 4-5-1994 by Ord. No. 714-94; 7-2-1996 by Ord. No. 847-96]
B. 
The fee for a plenary retail distribution license shall be $1,368 for the year 2011; $1,641 for the year 2012; $1,970 for the year 2013; $2,364 for the year 2014 and $2,500 for the year 2015 and for every year thereafter.
[Amended 4-5-1994 by Ord. No. 714-94; 7-2-1996 by Ord. No. 847-96]
C. 
The fee for a club license shall be the sum of $188 for the year 2011 and for every year thereafter.
The City of Perth Amboy shall not issue any seasonal retail consumption license or any limited distribution license.
A. 
The number of licenses shall be limited as follows, except as otherwise provided by N.J.S.A. Title 33:
[Amended 9-16-1959 by Ord. No. C-625; 5-20-1975 by Ord. No. 73-75; 10-20-1992 by Ord. No. 641-92; 12-1-1992 by Ord. No. 650-92]
(1) 
No new plenary retail consumption license shall be issued unless and until the total number of such licenses existing in the City of Perth Amboy is fewer than one for each 3,000 residents of the City of Perth Amboy as disclosed by the last federal census.
(2) 
No new plenary retail distribution license shall be issued unless and until the total number of such licenses existing in the City of Perth Amboy is fewer than one for each 7,500 residents of the City of Perth Amboy as disclosed by the last federal census.
(3) 
The number of club licenses for the sale and immediate consumption of alcoholic beverages on such licensed premises in the City shall be limited to 12, except that in the event that any current club license holder does not renew said license or has said license revoked, the maximum number of club licenses permitted shall be reduced commensurately, and no new club licenses shall be issued. Transfers of club licenses shall not be permitted.
B. 
The provisions of this section shall not prevent the renewal of existing licenses by the holders of any plenary retail consumption or plenary retail distribution licenses.
[Amended 6-16-1954 by Ord. No. C-504; 9-20-1961 by Ord. No. C-673; 6-4-1964 by Ord. No. C-732; 10-5-1982 by Ord. No. 295-82; 12-1-1992 by Ord. No. 650-92]
No new plenary retail consumption license or plenary retail distribution license shall be hereafter issued, nor shall a place-to-place transfer of a license be granted, to any person, corporation or group of persons under the following circumstances:
A. 
For the sale of alcoholic beverages within 200 feet of any church or public schoolhouse or private schoolhouse not conducted for pecuniary profit, said distance being measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed, and in accordance with N.J.S.A. 33:1-76; provided, however, that the foregoing provision shall not prevent the future renewal or person-to-person transfer of any plenary retail consumption license or plenary retail distribution license which is in existence at the time of the final adoption of this amendment.[1]
[1]
Editor's Note: "This amendment" refers to Ord. No. 650-92, adopted 12-1-1992.
B. 
For the sale of alcoholic beverages within 750 feet of another premises holding either of said licenses, said distance being measured in the normal way that a pedestrian would probably walk from the nearest entrance from one premises to the other.
[Amended 2-26-2003 by Ord. No. 1191-2003; 4-24-2013 by Ord. No. 1676-2013]
(1) 
For the period July 1, 2019, through December 31, 2019, inclusive, the 750-foot rule required by this ordinance, limited to plenary retail consumption licenses (#32), shall be reduced to 200 feet for any transfer of an existing license to an establishment qualifying as a permitted use to be located within a business or commercial zone. In order to qualify for this exemption, a fully completed transfer application must be filed with the City Clerk and approved by the governing body prior to December 31, 2019, even if the actual transfer and transaction are completed thereafter. In all other respects, this exemption automatically expires on January 1, 2020.
[Amended 6-26-2019 by Ord. No. 1911-2019]
(2) 
The 750-foot rule required by City ordinance shall not apply in the instance of a place-to-place transfer of a liquor license to premises located within the boundaries of the Downtown Family Restaurant and Entertainment District ("District") created by ordinance and which district is more particularly identified on the map annexed hereto as Attachment A. Attachment A referred to herein may be found at the end of this chapter.
(3) 
This exception will apply only to plenary consumption license transfers relocating by place to place within the Downtown Family Restaurant and Entertainment District and where:
(a) 
The establishment shall accept the restriction that it shall operate as a restaurant as defined in N.J.S.A. 33:1-1(t), shall be properly licensed to prepare, cook and serve food and shall derive at least 51% of its gross revenues from the sale of food and/or nonalcoholic beverages.
(b) 
The establishment must have a minimum capacity of at least 30 dining customers in its main dining room. Establishments with a capacity of at least 30 to 99 dining customers in its main dining room may have not more than 9 seats in its main service bar area. Establishments that have a capacity of 100 dining customers or more in their main dining area may have seats in the main service bar area equaling a maximum of 10% of the number of seats in its main dining area.
(c) 
The establishment is explicitly prohibited from selling packaged goods.
(d) 
The establishment may have dancing or live entertainment if properly licensed for it, but in no case shall go-go or discotheque clubs be permitted.
(e) 
In establishments that have dancing, the dance floor shall not exceed 240 square feet.
(f) 
Hours of operation will be 2 hours less than the current rules and regulations of Alcoholic Beverage Control Ordinance.
(g) 
As a precondition to consideration of any place-to-place transfer in the District, the licensee shall have obtained all of the necessary permits to operate at the proposed location, including, but not limited to, zoning permits and certificate of occupancy.
[Added 9-13-2000 by Ord. No. 1046-2000]
Attend an information session with a representative from the City Public Works Department, the City Clerk's office, City Code Enforcement and the City Police Department. This information session shall provide the applicant with a firm understanding of their duties and responsibilities as a liquor license holder.
A. 
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages, or permit consumption of alcoholic beverages on the licensed premises, on New Year's Day, when it is a weekday, between the hours of 4:00 a.m. and 7:00 a.m.; on New Year's Day, when it is a Sunday, between the hours of 3:00 a.m. and 12:00 noon; on other Mondays through Saturdays, between the hours of 2:00 a.m. and 7:00 a.m.; and other Sundays, between the hours of 2:00 a.m. and 12:00 noon, except that the holder of a plenary retail distribution license may sell packaged goods for off-premises consumption commencing at 9:00 a.m. on Sundays. During the hours that sales are hereinabove prohibited, the entire licensed premises shall also be closed, but this closing of premises requirement shall not apply to clubs, to hotels or to restaurants, as defined in N.J.S.A. 33:1-1t. With respect to each hour above mentioned as the time when sale, service, delivery and consumption shall cease, there shall be an additional 15 minutes in which patrons shall depart the premises. Thereafter, the licensee and/or his employees shall have a right to remain on the licensed premises for purposes connected with the business. This right to remain on the premises shall not have any time limitations.
[Amended 11-8-1972 by Ord. No. 8-72; 1-20-1976 by Ord. No. 88-76; 8-4-1987 by Ord. No. 437-87; 6-10-2009 by Ord. No. 1470-2009; 7-10-13 by Ord. No. 1688-2013]
B. 
No licensee shall sell or deliver, or allow, permit or suffer the sale or delivery of, any alcoholic beverage in original containers for consumption off the licensed premises on Friday, Saturday and holidays between the hours of 12:00 a.m. and 9:00 a.m. or between the hours of 11:00 p.m. and 9:00 a.m. on Sunday through Thursday. Licensee must continue to comply with all State of New Jersey statutes and regulations regarding the restrictions on the hours for the sale or delivery of distilled spirits.
[Amended 9-13-2023 by Ord. No. 2111-2023]
No plenary retail consumption or distribution license shall be hereafter issued for the sale of alcoholic beverages in any room, store or other premises having a floor space of less than 400 square feet; provided, however, that the foregoing provision shall not apply to any licensee who acquired his license prior to and has kept the same continuously since September 19, 1934.
The sale of alcoholic beverages to persons in any back room or side room which is not open to general public use is prohibited, except that in hotels guests may be served in their rooms or in private or public dining rooms, and provided further that this prohibition shall not apply to club licenses.
[Amended 9-12-2001 by Ord. No. 1115-2001]
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages, directly or indirectly, to any person under the age of 21 years or to any person actually or apparently intoxicated or to any mentally defective person or habitual drunkards; nor shall any licensee allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions.
[Amended 9-12-2001 by Ord. No. 1115-2001]
A. 
It shall be unlawful for any minor, being any person under the age of 21 years, to purchase, attempt to purchase or induce another to purchase for him any alcoholic beverages.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions.
B. 
It shall be unlawful for any person to purchase or attempt to purchase alcoholic beverages for a minor, and it shall likewise be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
C. 
It shall be unlawful for any minor to misrepresent or misstate his age for the purpose of inducing any licensee or any employee of a licensee to sell, serve or deliver any alcoholic beverage to him.
A. 
It shall be unlawful for any person, except an officer or other person authorized by and acting pursuant to the instructions of such officer, so doing in the course of and for the purpose of enforcing the provisions of N.J.S.A. 33:1-1 et seq., the rules and regulations of the Director of the Division of Alcoholic Beverage Control or this article, to knowingly purchase, receive or procure any illicit alcoholic beverage.
B. 
It shall be unlawful for any person to knowingly possess, have custody of, offer for sale or sell any illicit alcoholic beverage.
[Amended 6-1-71 by Ord. No. C-891]
Upon request of any holder of a plenary retail consumption license, the Police Department of the City of Perth Amboy shall cause a photograph and fingerprints to be taken of anyone acting or about to act in the occupation of bartender, which Department shall provide said license holder with any relevant information concerning said bartender.
[Added 9-24-2014 by Ord. No. 1740-2014]
Upon request of any holder of a plenary retail consumption license, the Police Department of the City of Perth Amboy shall enforce that all establishments require all security officers or security service companies that employ a security officer, inside or outside of their establishment, shall be required to carry a New Jersey State Certification "S.O.R.A."
Upon employment by the licensed establishment:
A. 
The security officer shall possess a New Jersey State S.O.R.A. Certification. The licensed establishment shall maintain a copy of each certification.
While employed by the licensed establishment, except for a City of Perth Amboy Police Officer working an off-duty assignment, the security officer at no time will be permitted to possess or carry any of the following items:
(1) 
Firearms.
(2) 
Spray irritant mace and/or pepper spray.
(3) 
Plastic or metal restraints (handcuffs).
(4) 
Batons, expandable batons, collapsible batons or side handle baton (PR-24).
(5) 
Knife(s).
(6) 
Conducted energy device.
(7) 
Any other prohibited weapon as delineated in N.J.S.A. 2C:39-3.
B. 
All licensed establishments in the City of Perth Amboy that employ the services of a security officer(s) will ensure that every officer will wear a yellow polo style shirt with a collar that must be visible to the general public, Law Enforcement, Fire Department, City, county or state inspectors. The shirt must have the word SECURITY on the front left breast and on the back of the shirt in three-inch block letters in black and the word SECURITY in black in the center of the shirt. If a coat or jacket is worn, the outer most garment must be labeled the same as the polo shirt.
[Amended 12-21-1976 by Ord. No. 121-76]
Any person or group of persons or any person responsible for the acts of any firm, corporation or club who shall violate any provision of this article shall be punishable, upon conviction, by imprisonment not exceeding 90 days or by a fine not exceeding $500, or by both such fine and imprisonment, in the discretion of the court.
[Added 9-8-1999 by Ord. No. 999-99]
The Mayor or the Council of the City of Perth Amboy have the authority to schedule meetings, at their discretion, of all liquor license holders. These meetings are mandatory and must be attended by anyone holding plenary retail consumption license and/or plenary retail distribution license.
It is unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property. Violation of this ordinance shall be punishable by a fine of $250 for a first offense and$350 for any subsequent offense. In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40.
If the person convicted is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a nonresident convicted under this section but shall furnish a report to the division who shall notify the appropriate officials.
This ordinance does not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
[Added 9-28-2005 by Ord. No. 1306-2005]
In accordance with N.J.S.A. 40:48-2.40 et seq., the City is authorized to acquire and retire retail consumption licenses in excess of the limitation, as set forth in § 137-7A(1), by contracts of purchase with licensees and permits an increase in the annual license fee for retail consumption licenses in an amount of not more than $200 over and above the maximum fee permitted by law to provide revenue for the acquisition and retirement of such licenses. The proper City Officials are hereby authorized to enter into contracts of purchase with licensees. In the event that there shall be no requests for retirement of licenses, then these funds may be used, as required, for legal fees incurred in connection with alcoholic beverage licensing matters.
[Added 6-13-2007 by Ord. No. 1393-2007]
In order to recoup the costs and fees incurred in or arising out of the institution and holding of a disciplinary hearing held pursuant to N.J.S.A. 33:1-31, the City shall have the authority, to impose upon a licensee who, as a result of a disciplinary hearing, is found to have violated any of the Alcoholic Beverage Ordinances of the City or Alcoholic Beverage Control Laws and Regulations of the state, or who, after the hearing, and prosecution of the charges. After a determination of liability or settlement, the City Administrator shall recommend and the Council will determine the costs and fees and shall inform the licensee in writing the amount assessed and the basis for the calculation of the fees and costs assessed. If the licensee contests the amount of the fees, the licensee shall, within 10 business days of receipt of the assessment and calculation of costs and fee, submit written objections to the assessment or the amount. The Council shall then make a final determination on the assessment of the fees and costs. The licensee's right to appeal from the finding of liability for violations, and/or the assessment of fees and costs, if any, shall commence upon the final determination of the Council as to the assessment of fess and costs. If the parties resolve the charges by settlement agreement after the commencement of a hearing, the parties may provide in the agreement for payment of a specified amount of costs and fees.