[Adopted 6-29-34 by resolution[1]]
[1]
Editor's Note: Original Section. III, VI and VII of the resolution
of June 29, 1934, were deleted during codification on instructions
of the Board of Commissioners. These sections dealt with sales on
election days and certain restriction on licenses.
[Amended 9-25-2023 by Ord. No. 15-2023]
No person, partnership, firm or corporation shall sell for retail
consumption or retail distribution, or carry on the business of selling
and distributing, alcoholic beverages as defined in an act entitled
"An Act Concerning Alcoholic Beverages," adopted December 6, 1933,[1] in the Borough of Avon-by-the-Sea, without having first
obtained a license therefor, to be issued by the Board of Commissioners
of the Borough of Avon-by-the-Sea, pursuant to the provisions of said
Act and pursuant to such rules and regulations as may hereafter be
made by the State Commissioner under the authority of the above-mentioned
Act and also pursuant to the following rules and regulations and the
prepayment of the fees therefor, as hereinafter set forth.
[1]
Editor's Note: See N.J.S.A. 38:1-1 et seq. 5602 8-14-89
[Amended 4-13-48 by Ord. No. 34; 2-27-89 by Ord. No. 2-1989; 2-12-90
by Ord. No. 5-1990; 11-8-93 by Ord. No. 26-1993; 2-24-97 by Ord. No. 4-1997; 4-26-99 by Ord.
No. 3A-1999; 9-25-2023 by Ord. No. 15-2023]
The annual license fee to be charged for licenses under this
article shall be as follows:
[[Amended 9-25-2023 by Ord. No. 15-2023]
The interior of all licensed premises where alcoholic beverages
are sold or dispensed shall be open and exposed to view from the outside
thereof, and no screens, curtains, draperies or other obstruction
shall be erected to hide the view of the interior of said licensed
premises from the exterior thereof, and no alcoholic beverages shall
be sold, dispensed or stored in any other room of said licensed premises
that is not wholly and entirely visible from the exterior of said
premises.
[Amended 4-13-48 by Ord. No. 34; 9-25-2023 by Ord. No. 15-2023]
A consumption license may be situated on Main Street in the
downtown commercial district as an ancillary use to the operation
of a sit down restaurant.
A.
The primary
use of the licensed premise is a sit down restaurant. A bar is a permitted
ancillary use for patrons for dining and patrons eating at the bar.
The operation of a bar or tavern whose primary use is the sale of
alcohol is prohibited.
B.
The license
premise shall operate no later than 11:00 p.m. Sunday through Thursday;
and no later than 12:00 a.m. Friday and Saturday (“Weekend Hours”).
On the day preceding a State or Federal holiday, weekend hours shall
apply.
C.
Service
of alcohol is prohibited prior to 11:00 a.m. and 30 minutes prior
to closing.
D.
The maximum
occupant load capacity [MOLC] for the licensed premises shall be 15
square feet/occupant based upon 75% of the defined dining area. The
defined dining area shall exclude where people would not normally
congregate including but not limited to food and beverage service
areas, food preparation stations, bathrooms, stairs, hallways, bar
areas, kitchen and mechanical rooms.
E.
The maximum
number of seats at the bar is 1/15 of the permitted maximum capacity.
The number of seats at the bar shall be included in the MOLC.
F.
The ancillary
bar shall not be physically or structurally separated from the defined
dining area.
G.
Outdoor
dining is permitted only along Main Street subject to Borough approval
of seating plan. The service of alcohol, playing of music, and any
amplified noise in the outdoor seating are prohibited.
H.
Music and
entertainment of any kind are prohibited.
I.
Violation
of any provision of this article not related to the sale and service
of alcohol shall result in the following fines and penalties:
(1)
First
Offense: A fine of not less than $500 and closure of operation for
not less than three days
(2)
Second
Offense: A fine of not less than $1,000 and closure of operation for
not less than seven days.
(3)
Third
and Subsequent Offenses: A fine of not less than $2,500, closure of
operation for not less than 20 days.
(4)
Violations
related to the sale/service of alcohol are subject to the penalties
set forth in N.J.A.C. 13:2-19.11.
J.
This article
may be rescinded, amended and/or modified by resolution of the Board
of Commissioners.
[Added 12-11-74 by Ord. No. 15-1974; amended 9-25-2023 by Ord. No. 15-2023]
In the discretion of the Board of Commissioners, a new plenary
retail consumption license may be issued to a person who operates,
on a calendar-year basis, a hotel or motel containing 100 guest sleeping
rooms; provided, however, that the said license may not be transferred
or renewed except for premises operated as a hotel or motel containing
100 guest sleeping rooms.
[Amended 4-13-48 by Ord. No. 34; 9-25-2023 by Ord. No. 15-2023]
No limited retail distribution license shall be granted in the
Borough of Avon-by-the-Sea, and no seasonal retail consumption license
providing for the sale of alcoholic beverages during the winter season,
from November 15 until April 15 inclusive, shall be granted.
[Amended 6-12-74 by Ord. No. 4-1974; 9-25-2023 by Ord. No. 15-2023]
Except as specified in § 56-4, no alcoholic beverages shall be sold, served, delivered to or consumed in any licensed premises or allowed to be sold or consumed during weekdays between the hours of 2:00 a.m. and 11:00 a.m. and Sundays between the hours of 2:00 a.m. and 11:00 a.m.
[Amended 9-25-2023 by Ord. No. 15-2023]
All licensees shall comply with all future statutes, ordinances,
rules and regulations concerning the sale and dispensing of alcoholic
beverages which may be enacted or promulgated by the State of New
Jersey or the Borough of Avon-by-the-Sea.
[Amended 9-25-2023 by Ord. No. 15-2023]
The Board of Commissioners of the Borough of Avon-by-the-Sea
reserves the right to alter, amend or rescind this article and to
pass such other ordinances, resolutions, rules or regulations as may
be deemed necessary from time to time.
