[Adopted 6-1-2000 by Ord.
No. 11-2000]
As used in this ordinance, the following terms shall have the
meanings indicated:
Any person who performs services in connection with the licensed
business. The term shall extend to persons who are included on the
payroll of the licensee, persons who perform services on the licensed
premises pursuant to a contract (independent contractor) and who are
not included on the licensee's payroll, as well as persons who are
not paid for their work or services, including family members, who
may be temporarily "minding" the business while the owner is away
from the premises. Some common examples of persons considered "employees"
include those persons who perform tasks and services on behalf of
the licensee such as managers, bartenders, waiters and waitresses,
cooks, janitors, door-persons, cashiers, dishwashers, bus-persons,
clerks, stock clerks, delivery people; and those hired under contract,
such as band member, singer, disc jockey, dancer, private security
guard, private parking attendant, janitorial service person, owner
and operator of amusement devices and vending machines, and others
who perform services required in the operation of the licensed business.
Persons who are engaged to perform extraordinary repairs to the licensed
premises, such as an electrician or plumber, provided that they are
independent business persons and are not under the direct supervision
of the licensee, are not generally considered employees.
The employment list and form prescribed by the Director of
ABC containing the names, addresses and other required information
of all persons considered to be employees of the licensed premises.
Each employee of a licensee shall meet the following qualifications:
A.
Must be at least 18 years of age or have the necessary employment
permit as required by law;
B.
Has not been convicted of a crime unless the disqualification has
been removed or a rehabilitation employment permit has been issued
by the ABC Director;
C.
Is not a full-time law enforcement officer in the City of Gloucester
City;
D.
Does not have an interest in any manufacturer or wholesaler of alcoholic
beverages (N.J.S.A. 33:1-43) or is not employed as a solicitor (N.J.A.C.
13:2-167);
E.
Has no disqualification resulting from having had an interest in
a revoked license (N.J.S.A. 33:1-31); and
F.
Does not have an interest in more than two retail licenses, unless
grandfathered or covered by exception (N.J.S.A. 33:1-12.31).
Each retail licensee is required by state law to maintain an
E-141-A form, current and up to date at all times, on the licensed
premises. Each retail licensee shall also be required to file said
employment list with the local licensing authority in the manner described
below. For the purposes of this ordinance, current E-141-A forms shall
be filed within 10 days of the adoption of this ordinance and any
subsequent amendments to the current E-141-A forms shall be filed
without delay (but in no case more than two business days, weekends
and holidays excluded) in the office of the City Clerk, who shall
forthwith forward a copy of said form to the Police Department.
[Amended 6-17-2021 by Ord. No. O09-2021]
Violations of the provisions of this ordinance may result in
the imposition of a fine not to exceed $2,000 per violation.
