[Ord. No. 2008-16]
ALCOHOLIC BEVERAGEShall mean any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than one half of one percent by volume.
BROAD PACKAGE PRIVILEGEShall mean a privilege added to certain plenary retail consumption licenses in 1948 which permits the sale of package goods in areas of the licensed premises other than the principal barroom or which permits the sale only of package goods.
CATERINGShall mean the sale and service of alcoholic beverages by retail consumption licensee in a place other than the permanently licensed premises. This activity is only permitted when a catering permit is issued by the Division of Alcoholic Beverage Control.
ESTABLISHMENTShall mean any business holding a plenary retail consumption license whose "primary business use" is the sale of liquor for on premises consumption and not ancillary with the sale of food.
INACTIVE LICENSEShall mean a license that is not currently operating in a licensed premises.
INTERESTShall mean the exercise of an ownership interest in a licensed business, the ability to derive profit from the operation of a licensed business, or an individual's service in the capacity of officer or director of a licensed business.
ISSUING AUTHORITYShall mean for all retail licenses, except where a conflict of interest exists, the term "issuing authority" refers to the Borough of Cliffside Park's Council.
LEGAL AGEShall mean the legal age of purchase and consumption of alcoholic beverages in the State of New Jersey is 21.
LICENSE YEARShall mean the term for which an alcoholic beverage license is issued, commencing on July 1 and remaining in effect until the following June 30. In the case of seasonal licenses, the terms are as follows: Summer - May 1 through November 14; Winter - November 15 through April 30.
LICENSED PREMISESShall mean the portion of the licensee's property on which or from which alcoholic beverages may be sold, served, or stored.
ORIGINAL CONTAINERShall mean any container in which an alcoholic beverage has been delivered to a retail license.
PERSONShall mean an individual, partnership, or corporation unless the context clearly indicates an individual human being.
POCKET LICENSEShall mean a license which has been issued, but is inactive. The license may be renewed by a municipality for two full license terms beyond the term in which it became inactive. Following that period, the license may only be renewed after the Director of the Division of Alcoholic Beverage Control approves its renewal.
PRIMARY BUSINESS USEShall mean any other business excepting an establishment which holds a plenary retail consumption license. The objective test as to whether a business is either an establishment or primary business use business shall be determined by the percentage of sales tax paid to the State of New Jersey of product sold (i.e. food vs. alcohol). The burden of proof shall be on the business operator who shall be required to submit a certified audit and four years of tax records to the Municipal Auditor if they wish to change their business use designation.
RESTAURANTShall mean an establishment regularly and principally used for the purpose of providing meals to the public, having adequate kitchen and dining room equipped for the preparing, cooking, and serving of food for its customers and in which no other business is conducted.
RETAILERShall mean any person who sells alcoholic beverages to consumers.
SALEShall mean every delivery of an alcoholic beverage otherwise than by gratuitous title. This includes delivering, serving with meals, possessing with intent to sell, keeping and exposing for sale, and also the gratuitous delivery or gift of any alcoholic beverage by a licensee.
SUPPLIERShall mean a manufacturer, bottler, or importer of alcoholic beverages.
TIED-HOUSEShall mean a prohibited interest between a supplier or wholesaler of alcoholic beverages and a retailer of alcoholic beverages. A retailer may not have any interest, even indirect, in any supplier or wholesaler of alcoholic beverages, and vice versa, excepted as permitted by statute.
TRANSFERShall mean a change in the ownership and/or location of an alcoholic beverage license which is considered by and enacted through a formal resolution approved by council.
UNDISCLOSED INTEREST.If a person who has an interest in an alcoholic beverage license is not properly disclosed in the license application, that person holds an undisclosed interest in the license.