Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes Annotated. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
[Ord. No. 202; 1972 Code § 8-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Keyport in accordance with the provisions of an Act of the 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.
[Ord. No. 202; 1972 Code § 8-2]
For the purpose of this chapter, words and phrases herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the State Director of Alcoholic Beverage Control.
[1972 Code § 8-3.1]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[1972 Code § 8-3.2]
All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
[1972 Code § 8-3.3]
No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the act referred to in Section 6-1 and the provisions of this chapter.
[Ord. No. 12-81; Ord. No. 32-89; Ord. No. 4-90; Ord. No. 8-91; Ord. No. 10-92; Ord. No. 3-99; Ord. No. 14-07; Ord. No. 6-08; Ord. No. 08-08; Ord. No. 1-09]
The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
[Ord. No. 418; 1972 Code § 8-4.1]
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except Sundays and New Year's Day each year as hereinafter provided.
[Ord. No. 418; 1972 Code § 8-4.2; Ord. No. 9-81]
The provisions of Subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
[Ord. No. 418; 1972 Code § 8-4.3]
Provisions of Subsection 6-4.1 shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 6:00 a.m., unless January 1 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
[1972 Code § 8-4.4]
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, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
[Ord. No. 32-89]
During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee.
[Ord. No. 15-97; Ord. No. 24-05]
All licenses except package stores, but including retail consumption licenses, retail plenary distribution licenses and club licenses shall have exit and entrance doors to the licensed premises closed from 9:00 p.m. until closing, absent noise complaints from residents residing in the immediate area of the licensed premises. The term "doors" as used herein refers to the permanent outer doors, i.e., those that are closed during off business hours and does not include screen or storm doors.
[Ord. No. 32-89]
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
[1972 Code § 8-5]
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any provision of any applicable statute or any of the rules or regulations of the State Director 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-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.
[Ord. No. 13-00]
Every person, partnership or corporation holding any plenary retail consumption license or any retail distribution license issued or to be issued in the Borough shall furnish to the Police Department the name and address of each employee of said licensee who sells, solicits the sale of, mixes, processes or prepares any alcoholic beverage at, or from, any bar or establishment selling alcoholic beverages in an original package or container. The name and address of employees shall be furnished to the Police Department within 48 hours after the commencement of such employment.
[Ord. No. 13-00; Ord. No. 2-08]
All persons who shall sell, solicit the sale of, mix, process or prepare any alcoholic beverage at or from any bar or establishment selling alcoholic beverage from original package or container under a plenary retail consumption license or a plenary retail distribution license shall register with the Police Department within seven business days of hire.
Said registration with the Police Department shall be accomplished by completing or furnishing the following:
An application for identification card, which application shall contain such information as the usual specifics of personal identification, date and place of birth, address, other employment and such other information as deemed necessary and proper by the Police Chief to ID and assist in proper enforcement of the law.
A set of fingerprints and a photograph to be taken by or under supervision of the Police Department.
Payment of a registration fee of $30, or whatever the current state fee for fingerprint checks.
[Ord. No. 13-00; Ord. No. 3-08]
Possession of identification card. Except during the processing period of a timely registration application, all persons required to register under Section 6-7 of this chapter shall be required to have in their possession, at all times when in or about the licensed premises, an identification card on a form furnished by the Police Department, which shall contain such information as name, address, specifics of personal identification and such other information as deemed necessary and proper by the Police Chief to aid and assist in proper enforcement of the law. An owner or licensee shall be required to register and obtain an identification card, although such person may not be personally engaged in the sale, mixing, processing or preparation of alcoholic beverages.
[Ord. No. 13-00]
The requirements of Section 6-7 of this chapter shall not apply to any establishment having a club liquor license.
[Ord. No. 13-00]
The Detective Bureau of the Police Department shall receive and maintain all records, and issue all identification cards required by Section 6-7 of this chapter.