[Editor's Note: Prior ordinance history includes
portions of Ordinance Nos. 3-3, 2-1961, 12/3/68, 6-77, 20-79, 24-79,
4-82, 13-84 and 1-85.]
[Ord. No. 2008-16]
This Chapter is enacted to regulate the transportation, consumption
and sale of alcoholic beverages in the Borough of Cliffside Park in
accordance with N.J.S.A. 33-1-1 et seq. and N.J.A.C. 13:2-1 et seq.
as here and after may be supplemented and/or amended, and establish
uniform business hours throughout the borough.
[Ord. No. 2008-16]
The terms of this chapter includes all businesses and the businesses
that serve and/or sell food prepared for on/or off premises consumption
with or without the sale of alcohol as an ancillary use.
[Ord. No. 2008-16]
Shall 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.
Shall 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.
Shall 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.
Shall 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.
Shall mean a license that is not currently operating in a
licensed premises.
Shall 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.
Shall 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.
Shall mean the legal age of purchase and consumption of alcoholic
beverages in the State of New Jersey is 21.
Shall 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.
Shall mean the portion of the licensee's property on
which or from which alcoholic beverages may be sold, served, or stored.
Shall mean beer, ale, stout, porter.
Shall mean any container in which an alcoholic beverage has
been delivered to a retail license.
Shall mean an individual, partnership, or corporation unless
the context clearly indicates an individual human being.
Shall 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.
Shall 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.
Shall 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.
Shall mean any person who sells alcoholic beverages to consumers.
Shall 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.
Shall mean a manufacturer, bottler, or importer of alcoholic
beverages.
Shall 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.
Shall 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.
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.
[Ord. No. 2008-16]
Building structure whose primary use is either a licensed premises,
or a food establishment (sale of on/or off premises of all food products)
as defined pursuant to the "primary business use" definition.
[Ord. No. 2008-16; Ord. No. 2012-02; Ord.
No. 2016-06]
a.
Establishments.
1.
Establishments shall be permitted to sell, deliver, or serve alcohol
in any "licensed premises" Monday through Saturday between the hours
of 6:00 a.m. and 2:00 a.m. on the next day.
2.
Establishment shall be permitted to sell alcohol on Sunday as prescribed
by State Statute and/or ABC Regulations but in any event the sale
of alcohol shall not be before 12:00 p.m. and after 2:00 a.m. on the
next day.
b.
All
other businesses.
1.
Except for food establishments, it shall be unlawful to conduct any
retail, wholesale or any other business with the public between the
hours of 11:00 p.m. and five 5:00 a.m. the next day excepting that
the Council may by resolution expand business hours annually during
the months of November and December by a majority vote of the Council.
2.
It shall be unlawful for any food establishment whose primary purpose
is the sale, preparation and/or consumption of any food product either
on or off premises between the hours of 1:00 a.m. and 5:00 a.m. seven
days per week.
3.
It shall be unlawful for any bakery and/or coffee shop whose primary
purpose is the sale, preparation and/or consumption of coffee, tea
and other soft drinks and/or cakes, pastries, bagels, donuts, etc.
for either on or off premises consumption between the hours of 10:00
p.m. and 5:00 a.m. the next day seven days per week.
4.
Establishment who ancillary to the sale of alcohol serves food shall
be prohibited from serving food for either on or off premises consumption
after 2:00 a.m. seven days per week.
5.
Pharmacies. Pharmacies shall not conduct business with the public
between the hours of 11:00 p.m. and 6:00 a.m. seven days per week.
6.
Gas stations. Gas stations shall not conduct business with the public
between the hours of 11:00 p.m. and 6:00 a.m. seven days per week.
7.
Social clubs. Social clubs shall not conduct social club business
and/or any type of social activity between the hours of 2:00 a.m.
and 6:00 a.m. seven days per week.
8.
Medical offices and emergency clinics. It shall be unlawful for a
medical office or emergency clinic to be open between the hours of
12:00 midnight and 5:00 a.m. seven days per week.
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Excepting as provided herein it shall be unlawful to conduct
any retail, wholesale, or any other business with the public upon
any premises between the hours of 9:00 p.m. and 6:00 a.m. seven days
per week.
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c.
Entertainment.
Entertainment establishments which have as a primary or ancillary
function the allowance of entertainment and/or singing, dancing, karaoke
or any other musical entertainment shall not conduct business between
the hours of 3:00 a.m. and 6:00 a.m. seven days per week.
d.
New
Year's Day. The provisions herein shall not apply on January
1. On that day alcoholic beverages may be sold, served, delivered
to or consumed in the licensed premises during all hours, 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.
[Ord. No. 2008-16]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or minor, nor permit the consumption of alcoholic beverages
on any licensed premises by any of the above named classes or persons,
or permit any such person to congregate in or about the licensed premises.
[Ord. No. 2008-16]
No person under the legal age shall be allowed in any establishment
where alcoholic beverages are sold or served for consumption on the
premises unless accompanied by his parent or guardian.
[Ord. No. 2008-16]
No person under the legal age shall purchase, attempt to purchase,
or have another purchase for him any alcoholic beverage on any licensed
premises for the sale of alcoholic beverages.
[Ord. No. 2008-16]
No person shall purchase or attempt to purchase alcoholic beverages
for a person under the legal age. It shall 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 person under the
legal age.
[Ord. No. 2008-16]
No person shall misrepresent his age or the age of another person
for the purpose of inducing any licensee or his employee to sell,
serve or deliver any alcoholic beverage to a person under legal age
or to permit a person under legal age to remain on any premises in
violation of this chapter.
[Ord. No. 2008-16]
Any parent or guardian of a minor who accompanies such person
under the legal age into a premises in which alcoholic beverages are
served and who permits the person under the legal age to possess or
consume alcoholic beverages shall be presumed to have misrepresented
the age of the minor.
[Ord. No. 2008-16]
No person under the legal age shall possess, serve, sell or
consume any alcoholic beverage in any public place within the borough.
[Ord. No. 2008-16]
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provisions
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 procedures established in the Administrative Code.
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. 2008-16]
All applicants for plenary retail consumption licenses or for
person-to-person transfers of plenary retail consumption licenses
shall appear and be fingerprinted by the borough police department
or their fingerprints may be taken by another duly authorized governmental
police agency, and in the case of corporate applicants for such a
license or license transfer the fingerprinting requirement shall apply
with respect to all persons holding twenty-five (25) percent or more
of the stock of the corporation.
[Ord. No. 2008-16]
All persons employed by a plenary retail consumption or distribution
licensee to sell, serve or deliver any alcoholic beverage or to mix,
process or prepare any alcoholic beverage in such a licensed premises
shall appear and be fingerprinted by the police department of the
borough and shall furnish the police department with a photograph
in duplicate, which shall be two inches by two inches in size and
which was taken within one (1) year from the date when such photograph
is submitted. The photograph shall be the person applying for the
license. Otherwise, new photographs may be required by the police
department. This subsection shall not apply to persons to be employed
for a period of less than seven (7) days.
[Ord. No. 2008-16]
No plenary retail consumption license shall continue to employ
or employ any persons who have failed to comply with the requirements
of this chapter.
[Ord. No. 2008-16]
No plenary retail distribution license shall be issued for,
or transferred to, premises within one hundred (100) feet of premises
for which a plenary retail distribution license is issued and outstanding
under this chapter. The one hundred (100) feet shall be measured in
the normal way that a pedestrian would properly walk from the nearest
entrance of the outstanding licensed premises to the nearest entrance
of the premises sought to be licensed or to which a transfer is sought.
This limitation shall not be construed to prevent the renewal,
or transfer from person to person or any plenary retail distribution
license issued and outstanding on August 8, 1955.
[Ord. No. 2008-16]
[Ord. No. 2008-16]
Any person or entity who violates this chapter shall upon conviction
thereof, be punished by a fine not exceeding the following and/or
imprisonment for a term not exceeding ninety (90) days or both:
|
Offense
|
Fine
|
|---|---|
|
First offense
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$500.00
|
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Second offense
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$1,000.00
|
|
Third and subsequent offense
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$2,000.00
|
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A separate offense shall be deemed committed for every person
on premises after closing hours.
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[Ord. No. 2012-02]
a.
Plenary Retail Consumption License (#32). The annual fee for a Plenary
Retail Consumption License with broad package privilege (#32) for
the following years shall be as follows:
|
Annual Fee
|
Maximum Amount
|
|---|---|
|
2012
|
$690
|
|
2013
|
$830
|
|
2014
|
$990
|
|
2015
|
$1190
|
b.
Plenary Retail Consumption License (#33). The annual fee for a Plenary
Retail Consumption License (#33) for the following years shall be
as follows:
|
Annual Fee
|
Maximum Amount
|
|---|---|
|
2012
|
$690
|
|
2013
|
$830
|
|
2014
|
$990
|
|
2015
|
$1190
|
c.
Limited Plenary Retail Distribution License (#43). The annual fee
for a Limited Plenary Retail Distribution License (#43) for the following
years shall be as follows:
|
Annual Fee
|
Maximum Amount
|
|---|---|
|
2012
|
$63
|
|
2013
|
$63
|
|
2014
|
$63
|
|
2015
|
$63
|
d.
Plenary Retail Distribution License (#44). The annual fee for a Plenary
Retail Distribution License (#44) for the following years shall be
as follows:
|
Annual Fee
|
Maximum Amount
|
|---|---|
|
2012
|
$475
|
|
2013
|
$570
|
|
2014
|
$680
|
|
2015
|
$820
|
e.
Club License (#31). The annual fee for a Club License (#31) for the
following years shall be as follows:
|
Annual Fee
|
Maximum Amount
|
|---|---|
|
2012
|
$52
|
|
2013
|
$63
|
|
2014
|
$76
|
|
2015
|
$91
|
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The licensing fees shall be payable in accordance with the Revised
Statutes of the State of New Jersey and rules and regulations promulgated
by the Commissioner of Alcoholic Beverage Control.
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