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Borough of Somerville, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville: Art. I, 6-3-35 as Ord. No. 326; Art. II, 10-7-74 as Ord. No. 750. Sections 45-14A and 45-20 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 6-3-35 as Ord. No. 326]
The purpose of this Article is to regulate the sale and distribution of alcoholic beverages in the Borough of Somerville, County of Somerset, State of New Jersey, and to provide for the issuance of licenses therefor and fix license fees, in accordance with the provisions of an Act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," Chapter 436, P.L. 1933,[1] and the amendments thereof and supplements thereto, and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable thereto.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
Applications for licenses under this Article and all licenses issued hereunder and all proceedings in connection therewith shall be subject to the provisions of the aforesaid Act of the Legislature and the amendments thereof and supplements thereto now in force or that may hereafter be enacted, and the rules and regulations of the State Commissioner of Alcoholic Beverage Control applicable thereto, and the rules and regulations promulgated or to be promulgated by the Borough of Somerville.
All applications for licenses shall be presented in writing, shall conform to the official form promulgated by the State Commissioner of Alcoholic Beverage Control and shall be filed with the License Clerk of the Borough of Somerville, accompanied by the Federal tax stamp or evidence of its payment and by the licensee fee as hereinafter provided for the license applied for. All questions contained in the application shall be fully answered and verified by the applicant.
All applications shall be referred by the Borough Council to the Police Committee, which shall investigate the character and fitness of the applicant and the place for which a license is applied, and said Committee shall promptly report to the Borough Council its findings and recommendations.
All licenses shall be granted by the Borough Council of the Borough of Somerville, which, being the governing body of said borough, shall constitute the authority for the administration of the issuance of licenses hereunder.
It shall be unlawful to sell or distribute alcoholic beverages in the Borough of Somerville without having previously applied for and obtained a license pursuant to the provisions of this Article, the aforesaid Act of the Legislature and the rules and regulations of the State Commissioner of Alcoholic Beverage Control, or in any manner other than as provided in this Article, in said Act and in said rules and regulations.
[Amended 4-18-38 by Ord. No. 341; 3-3-69 by Ord. No. 673; 5-4-81 by Ord. No. 906; 6-6-83 by Ord. No. 943; 3-20-95 by Ord. No. 1189; 2-25-99 by Ord. No. 2073]
A. 
The licenses to be issued in the Borough pursuant to the provisions of the Article and the fees for such licenses which shall be paid in advance upon presentation of the application for a license are as follows:
[Amended 4-1-02 by Ord. No. 2123; 3-3-14 by Ord. No. 2428; 3-6-2017 by Ord. No. 2515]
(1) 
Plenary retail consumption license, year commencing July 1, 2017: $1,925.
(2) 
Plenary retail distribution, year commencing July 1, 2017: $1,650.
(3) 
Club license, year commencing on July 1, 2017: $180.
(4) 
Special one-day social affairs license: $50.
(5) 
Catering permit for one day: $50.
(6) 
Extension of premise permit one day: $30.
B. 
The respective fee for any such license shall be prorated according to the effective date of such license, based upon the respective annual fee herein provided.
[Amended 4-20-36 by Ord. No. 329]
A. 
Not more than twenty (20) plenary retail consumption licenses shall be issued and remain outstanding and in force in the Borough of Somerville at any one time pursuant to the provisions of this Article.
B. 
Not more than three (3) plenary retail distribution licenses shall be issued and remain outstanding and in force in the Borough of Somerville at any one time pursuant to the provisions of this Article.
[Amended 4-20-36 by Ord. No. 329]
There is hereby expressly reserved to the Borough Council of the Borough of Somerville the authority to change from time to time, by resolution duly adopted for that purpose, the limitations, fixed by § 45-8 of this Article, upon the number of licenses which shall be issued and remain outstanding and in force in the Borough of Somerville at any one time pursuant to the provisions of this Article, or to fix, by resolution duly adopted for that purpose, a limitation upon the number of licenses of any other class which may be issued and remain outstanding and in force in the Borough of Somerville at any one time pursuant to the provisions of this Article.
[Amended 4-20-36 by Ord. No. 329]
No seasonal retail consumption license or limited retail distribution license shall be granted in the Borough of Somerville.
No plenary retail distribution license shall be issued in the Borough of Somerville to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on.
Not more than one (1) license shall be issued to any person, and the operation and effect of every such license shall be confined to permit the carrying on of the business licensed only in the premises designated in the license.
Any license issued pursuant to this Article may, in accordance with the aforesaid Act of the Legislature, its supplements or amendments, be suspended or revoked for violation of any of the provisions of this Article or for the violation of any of the provisions of the aforesaid Act of the Legislature, its supplements or amendments, or of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
[Amended 11-6-64 by Ord. No. 377; 10-2-61 by Ord. No. 569; 10-1-62 by Ord. No. 588]
The sale or distribution of alcoholic beverages by virtue of any license granted under the provisions of this Article shall be subject to the following rules and regulations:
A. 
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage, directly or indirectly to any person under the age of twenty-one (21) years or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
B. 
No licensee shall directly or indirectly solicit from house to house personally or by telephone the purchase of alcoholic beverages, nor allow, permit or suffer such solicitation.
C. 
No licensee shall allow, permit or suffer in or upon the licensed premises any known criminals, gangsters, racketeers, pickpockets, swindlers, confidence men, prostitutes, female impersonators or other persons of ill repute.
D. 
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbances, brawls or unnecessary noises, nor allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
E. 
No licensee shall allow, suffer or permit any lottery to be conducted or any ticket or participation right in any lottery to be sold or offered for sale on or about the licensed premises.
F. 
No licensee shall engage in or allow, permit or suffer any pool selling, bookmaking or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind or any device or apparatus designed for any such purpose on or about the licensed premises.
G. 
No licensee shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable thing.
H. 
No licensee shall sell, serve or deliver, nor allow, suffer or permit the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any mentally defective person, habitual drunkard or intoxicated person, not permit such persons to congregate in or about the licensed premises.
I. 
No licensee shall serve or allow, permit or suffer the service of any alcoholic beverage to any person in any room which is not open to the use of the public generally; provided, however, that in hotels guests may be served in their rooms or in private dining rooms, and provided further that this regulation shall not apply to club licensees.
J. 
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage, or permit consumption of any alcoholic beverage on the licensed premises except during the following hours:
[Amended 5-5-75 by Ord. No. 758; 12-3-2018 by Ord. No. 2563; 12-3-2018 by Ord. No. 2563;2-19-2018 by Ord. No. 2564]
(1) 
No retail distribution licensee may sell spirituous liquors in original containers (packaged goods) before 9:00 a.m. and after 10:00 p.m. on any day of the week. (N.J.A.C. 13:2-38).
(2) 
No consumption licensee shall sell, serve or deliver or allow, permit, or suffer the sale, service or delivery of any alcoholic beverage or permit consumption of any alcoholic beverage on the licensed premises except during the hours of 7:00 a.m. to the following day at 2:00 a.m. This applies for all days Monday through Sunday.
K. 
No person other than the licensee shall be permitted to remain on the licensed premises after thirty (30) minutes following the legal hour prohibiting the sale, service, delivery and consumption of alcoholic beverages as hereinabove stated. This closing of premises requirement shall not apply to restaurants, as defined in N.J.S.A. 33:1-1(t), to bona fide hotels nor to clubs or other establishments where the principal business is other than the sale of alcoholic beverages.
L. 
The word "licensee" as used in this section shall include, in addition to the owner or owners of the license issued pursuant to this Article or the statutes, rules and regulations which it implements, the said licensee's agents, servants and employees, including but not limited to bartenders and waiters or waitresses.
[1]
Editor's Note: Former Subsection (2) of this section, which prohibited the sale of alcoholic beverages on election days, was repealed 10-19-70 by Ord. No. 693.
No license shall be issued contrary to any Zoning Ordinance of the Borough of Somerville now existing or hereafter to be enacted.
No license shall be issued to any applicant not fully qualified under the provisions of the aforesaid Act of the Legislature and the aforesaid rules and regulations of the State Commissioner of Alcoholic Beverage Control.
[Amended 4-20-36 by Ord. No. 329]
All licenses issued pursuant to the provisions of this Article shall be for the terms now or hereafter prescribed for the respective classes of licenses by the aforesaid Act of the Legislature and the amendments thereof and supplements thereto now in force or that may hereafter be enacted.
Licenses may be surrendered by the licensee pursuant to and in accordance with the provisions of the aforesaid Act of the Legislature and the rules and regulations of the State Commissioner of Alcoholic Beverage Control, and such surrender fee for the unexpired portion of the license as is provided by said Act and said rules and regulations shall be paid by the Borough of Somerville to such licensee who shall so surrender his license.
[Amended 4-20-36 by Ord. No. 329]
Licenses issued pursuant to the provisions of this Article shall be transferable only in such instances and in such manner as prescribed by the aforesaid Act of the Legislature and the amendments thereof and supplements thereto now in force or that may hereafter be enacted and the rules and regulations of the State Commissioner of Alcoholic Beverage Control, promulgated or to be promulgated, applicable thereto.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be punished by a fine of not to exceed five hundred dollars ($500) or by imprisonment in the county jail for a period of not to exceed ninety (90) days, or by both such fine and imprisonment, and each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
As used in this Article, the following terms shall have the meanings indicated:
PERSON
Includes any natural person, firm, corporation, partnership, limited partnership or association.
[Adopted 10-7-74 as Ord. No. 750]
No person shall, within the limits of the Borough of Somerville, consume any alcoholic beverage or have in his possession any unsealed alcoholic beverage container with alcoholic beverage therein:
A. 
In the parking area adjacent to any licensed premises for the sale of alcoholic beverages.
B. 
While in or on a public street, lane, roadway, avenue, sidewalk, public parking place, playground, recreation area, school building or grounds, or upon any land owned or occupied by any federal, state, county or municipal government.
C. 
While in or about any other public or quasi-public place or place to which the public is invited, including but not limited to any business, banking, church, institutional, commercial or professional premises, except when such consumption or possession is with the express permission of the owner or other body, board or person having the authority to grant such permission.
For the purpose of this Article, a container shall be regarded as unsealed when its top or cork has been removed or any of its contents have been removed or the government tax stamp has been removed or broken, or, in the case of a metal container, when the container has been opened in any fashion, or, in the case of twist-top containers, when the original seal has been broken.
[Amended 6-7-04 by Ord. No. 2164]
None of the foregoing provisions shall apply to the following:
A. 
Any public park or picnic area where the consumption of alcoholic beverages at occasions or events held by bona fide nonprofit organizations or other groups which is specifically permitted by resolution of the Mayor and Council.
B. 
Restaurants that are operating an approved "sidewalk cafe" where alcoholic beverages are to be served in connection with food service and have complied with all of the requirements of the Somerville Community Development Department, and is specifically permitted by resolution of the Mayor and Council.
[Amended 8-6-07 by Ord. No. 2235]
(1) 
Permit. Restaurants approved for alcoholic beverage service at a sidewalk cafe will be issued a permit which shall be posted. The permit is valid only for a period of one (1) year.
(2) 
Permit Fee. The permit fee shall be one hundred dollars ($100).
C. 
These provisions shall not interfere with the authority of the New Jersey Division of Alcoholic Beverage Control and/or the Borough Council to issue temporary licenses for the consumption of alcoholic beverages pursuant to law.
[Amended 6-7-04 by Ord. No. 2164]
Any person found guilty of a violation of any section of this article shall be punished by a fine of not more than one thousand two hundred fifty dollars ($1,250) or imprisonment of not more than ninety (90) days or both.