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:
|
Class of License
|
Annual License Fee
|
No. of Licenses
|
|---|---|---|
|
Plenary retail consumption license
|
$2,500
|
12
|
|
Plenary retail distribution license
|
$1,888.63
|
1
|
|
Club license
|
$188
|
6
|
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
|
[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]
a.
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.
b.
Said registration with the Police Department shall
be accomplished by completing or furnishing the following:
1.
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.
2.
A set of fingerprints and a photograph to be taken
by or under supervision of the Police Department.
3.
Payment of a registration fee of $30, or whatever the
current state fee for fingerprint checks.
[Ord. No. 13-00; Ord. No. 3-08]
a.
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.
