[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; 4-4-2022 by Ord. No. 2668]
(1)
Plenary Retail Consumption license, year commencing July 1, 2022:
$2,040.
(2)
Plenary Retail Distribution, year commencing July 1, 2022: $1,750.
(3)
Club license, year commencing on July 1, 2022: $200.
(4)
Special One Day Social Affairs license: $60.
(5)
Catering Permit for one day: $60.
(6)
Extension of Premise Permit one day: $40.
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.
As used in this Article, the following terms shall have the
meanings indicated:
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]
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.
