[1966 Code § 4-1; Ord. No. 2000-14 § II]
This Chapter is adopted pursuant to and for the purpose of rendering effective the provisions of Title 33 of the Revised Statutes of the State of New Jersey, and to regulate and control the sale and consumption of alcoholic beverages and the conduct of licensed premises in the Borough and the possession of and consumption of wine or malt alcoholic beverages in premises which have not been licensed or permitted to sell alcoholic beverages for on-premises consumption pursuant to N.J.S.A. 2C:33-27, as that section may be amended and supplemented, and pursuant to the laws and regulations of the State of New Jersey and the United States of America.
[1966 Code § 4-2; Ord. No. 2013-19 § 1]
The definitions set forth in Title 33 of the New Jersey Statutes Annotated shall apply to this Chapter. In addition, the following words and terms shall have the meanings indicated:
- Shall mean any counter or similar piece of equipment, equipped with a sink, and designed and primarily used to facilitate the sale and dispensation of alcoholic beverages for consumption on the licensed premises.
- Shall mean the Borough of Belmar in Monmouth County, New Jersey.
- BOROUGH COUNCIL
- Shall mean the Borough Council of the Borough of Belmar.
- Shall mean the Director of the Division of Alcoholic Beverage Control.
- Shall mean any license granted or issued pursuant to the provisions of the Title 33 of the Revised Statutes.
- Shall mean the holder of a license.
- LIMITED BREWERY LICENSE
- Shall mean a license granted or issued in accordance with N.J.S.A. 33:1-10.
- Shall mean any licensed premises or part of any licensed premises, primarily engaged in the retail, sale of beverages, which provides entertainment and/or dancing and where the sale or service of food is incidental to this entertainment. A nightclub shall not be considered a restaurant or hotel.
- PLENARY BREWERY LICENSE
- Shall mean a license granted or issued in accordance with N.J.S.A. 33:1-10.
[1966 Code § 4-3.1; Ord. No. 2003-06; Ord. No. 2013-19 § 2; amended 1-21-2020 by Ord. No. 2020-06]
The classes of licenses, the fees for renewals of licenses (subject to Subsection 17-3.2), and maximum number of licenses in each class permitted in the Borough shall be as follows:
[1966 Code § 4-3.2]
An additional fee may be charged for each retail consumption license pursuant to Subsection 17-4.4a.
[1966 Code § 4-3.3]
No limited retail distribution license shall be granted or issued in the Borough.
[1966 Code § 4-4.1]
The Mayor and Council finds that the number of existing retail consumption licenses in the Borough exceeds the ratios set forth in N.J.S.A. 40:48-2.40 and N.J.S.A. 33:1-12.14, and determines that it is in the public interest to reduce the number of such licenses in the Borough.
[1966 Code § 4-4.2]
In any case where the Borough acquires any licensed premises, or where the Borough Council otherwise deems it to be in the public interest, the Borough Council may contract to purchase any retail consumption license for a price not to exceed the maximum amount permitted by N.J.S.A. 40:48-2.41. Any license so purchased shall be retired and shall not thereafter be issued or granted to any person.
[1966 Code § 4-4.3]
Any retail consumption license that is revoked or that is not renewed for a new license term within the time permitted by law shall be retired and shall not thereafter be issued or granted to any person.
[1966 Code § 4-4.4]
In the event the Borough Council contracts to purchase any license pursuant to Subsection 17-4.1, an additional annual fee of $200, over and above the annual fee set forth in § 17-3, shall be charged for every retail consumption license. The additional annual fee shall be charged beginning with the first annual license term following the payment of the contract purchase price, and for each annual license term thereafter until the total of the additional fees collected equals the total amount of money expended to purchase licenses.
The Borough Council may appropriate or borrow, by way of issuing bonds or otherwise, sufficient funds to purchase any licenses pursuant to Subsection 17-4.1. Any additional fees collected pursuant to Subsection 17-4.4a may be utilized to retire any bond or indebtedness incurred to finance such license purchases.
[1966 Code § 4-4.5]
On the thirtieth day after a "no" vote in any referendum held pursuant to N.J.S.A. 33:1-44, or 33:1-45, or 33:1-46, or 33:1-47, if and when any such referendum is held, all licenses in the Borough shall be deemed void, and the sale of alcoholic beverages unlawful, to the extent set forth in the particular statute pursuant to which the referendum is held.
Editor's Note: Former Subsection 17-4.6, Limitation of New Licenses, previously codified herein and containing portions of 1966 Code § 4-4.6, was repealed in its entirety by Ordinance No. 2003-06.
[1966 Code § 4-5.1; Ord. No. 2004-03]
All applications for licenses, for the renewal of licenses, and for the transfer of licenses on a person-to-person or place-to-place basis or for any expansion, reduction or alteration of the licensed premises or portions thereof shall be made in writing and on such forms as may be prescribed by the Director of the Division of Alcoholic Beverage Control, and the Borough of Belmar and shall conform with the applicable requirements of N.J.S.A. 33:1-25, N.J.S.A. 33:1-26, and the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control and the Borough of Belmar. Said application(s) shall be made to and approved by the Borough of Belmar, as the local Alcoholic Beverage Control Board, prior to the submission of an application: for a Development Permit, for Building Permit(s), or to the Planning and/or Zoning Board, and/or any State, county or local agency, board, commission or like authority. All applications for the renewal of annual licenses shall be made within the time prescribed by N.J.S.A. 33:1-25.
[1966 Code § 4-5.2]
Any retail consumption license issued for hotel premises having 50 or more sleeping rooms shall not be transferred place-to-place unless the place to which the license is sought to be transferred has 50 or more sleeping rooms.
[1966 Code § 4-5.3]
No license shall be issued, transferred or renewed by the Borough unless property taxes for the licensed premises have been paid through the preceding quarter in those cases where applicant is the owner of the licensed premises.
Editor's Note: See also N.J.S.A. 40:52-1.2.
[1966 Code § 4-6.1; Municipal questions 1 and 2, approval voted at the General Election on November 6, 1990; Ord. No. 2001-27; Ord. No. 2001-30; Ord. No. 2012-01; Ord. No. 2012-03; Ord. No. 2013-19 § 3]
Sale of Alcoholic Beverages on Premises Maintaining a Retail Distribution License, Limited Brewery License and Plenary Brewery License. Alcoholic beverages may be sold on any retail distribution licensed premises (commonly referred to as "liquor stores") or any brewery facility premises licensed and a Limited Brewery License or Plenary Brewery License only during the following hours:
Sale and Consumption of Alcoholic Beverages on Premises Maintaining License Other Than a Retail Distribution License, Limited Brewery License or Plenary Brewery License. No alcoholic beverages may be sold, served or consumed on any licensed premises, other than a premises maintaining a retail distribution license, a Limited Brewery License or a Plenary Brewery License during the following hours:
Prohibited Sales after 10:00 p.m. The sale, service or delivery of spirituous liquors for consumption off of any licensed premises is prohibited after 10:00 p.m. on any day of the week. This section shall not be construed to prohibit the sale, service or delivery of wine, beer or malt beverages for consumption off of a licensed premises from 10:00 p.m. to closing as set forth in Subsection 17-6.1a on a premises maintaining any form of license other than a retail distribution license.
Editor's Note: At the General Election on November 6, 1990, the majority of voters of the Borough of Belmar voted to extend the hours of sale of alcoholic beverages on weekdays and Sundays until 2:00 a.m.
[1966 Code § 4-6.2]
Subject to the provisions of Subsection 17-6.4, all licensed premises shall be closed to the public and the licensee shall not admit or allow the entry of any person onto the licensed premises during those hours when the sale, service, and consumption of alcoholic beverages are prohibited as set forth in Subsection 17-6.1. This subsection (17-6.2) shall not apply to the licensee's employees who are actually performing their duties, contractors and suppliers actually doing business with the licensee, or public officials and employees who are engaged in the performance of their official duties.
[1966 Code § 4-6.3]
Subject to the provisions of Subsection 17-6.4, all persons on licensed premises at 2:00 a.m. shall exit the premises by 2:15 a.m. It shall be the responsibility of the licensee to ensure that all persons exit the premises by 2:15 a.m. This subsection (17-6.3) shall not apply to the licensee's employees who are actually performing their duties, contractors and suppliers who are actually doing business with the licensee, or public officials and employees who are engaged in the performance of their official duties.
[1966 Code § 4-6.4]
Any licensed premises, or part of any licensed premises, may be designated by the Borough Council as a hotel or restaurant area. Nightclubs are not restaurants or hotels.
Designated hotel and restaurant areas shall be permitted to remain open to the public beyond 12:00 midnight for the purpose of conducting business as a hotel or restaurant, provided that no alcoholic beverages are sold, served, or consumed during the hours set forth in Subsection 17-6.1.
A part or portion of any licensed premises may be designated a hotel or restaurant area only if that part or portion in fact constitutes a hotel or restaurant.
Applications to designate any licensed premises, or part of any licensed premises, as hotel or restaurant areas shall be made in writing by the licensee, and may be made simultaneously with the application for renewal of an annual license. The licensee shall submit with the application all documents, sketches, and other information necessary to a determination whether the premises or part of the premises sought to be designated in fact constitutes a hotel or restaurant. The licensee shall be given the opportunity to be heard on the application.
[1966 Code § 4-7.1; Ord. No. 2004-03]
Alcoholic beverages shall not be sold or served in any room that is not open to the public generally, provided that this prohibition shall not apply to premises with club, hotel sleeping and dining rooms where the entire hotel premises is licensed. This regulation does not prevent the use of a separate room of a licensed premises that is generally open to the public to be used for private parties, or similar events.
The Borough Council may, pursuant to N.J.S.A. 33:1-32, impose limits on the number of persons permitted in the entire licensed premises and in any designated area or room therein as a condition to the issuance or renewal of any license. The Council may consider the following factors in deciding whether such a condition is warranted in any given case.
The public interest as determined by the number and size of existing licensed premises, the size and proximity of other licensed premises, and the impact on Municipal and public services; and
Compliance with zoning ordinances, with particular emphasis on the availability of off-street parking; and
Occupancy limits set forth in the certificate of occupancy for the premises or as required by the Municipal Zoning Official, Construction Code Official, and Fire Official; and
The licensee's ability to safely and lawfully operate the premises, as determined by required police services and police incidents on and in the immediate area around the premises; and
Public sentiment expressed at any license or license renewal hearing; and
Any other evidence relevant to the issue of occupancy.
The maximum permitted occupancy limit for each room shall be framed under glass and displayed by the licensee at each entrance to each room in such a manner and place that it may be seen by anyone entering the licensed premises. The maximum permitted occupancy limit for the entire licensed premises shall be framed under glass and displayed by the licensee at each entrance to the licensed premises in such a manner and place that it may be seen by anyone entering the licensed premises.
If at any time a police officer, Building Code Official or Fire Official or other official so empowered determines that the maximum permitted occupancy of the entire licensed premises and/or in any designated area or room therein exceeds the designated occupancy limit applicable thereto by 20%, the licensee shall have 15 minutes to restore the maximum permitted occupancy limit; if after 15 minutes the occupancy limit has not been restored, no alcoholic beverages shall be sold, served or delivered in the entire licensed premises until the occupancy has been reduced to the appropriate maximum permitted occupancy.
All licensees shall submit a legible floor plan, drawn to scale, of the entire licensed premises and shall certify as to the continued accuracy of the approved floor plan at the time of each renewal of the license.
The floor plan shall depict, at a minimum, all interior and exterior walls, steps/stairs, exits, entrances and windows; and as to the areas open to the general public (including rooms/areas for private parties and the like) the floor plan shall depict, at a minimum, all bars, bar stools, serving stations, tables (and the type of table by way of example: hi-top tables, sit down tables, etc.), chairs, booths, stages, DJ booths, jukeboxes, video games, pool tables and similar amusement/entertainment devices. If the licensee's normal business operations involve the reconfiguration, removal, and/or adding of the items required to be depicted in the floor plan, the applicant shall provide a floor plan with the maximum number and location of those items, and shall provide a written narrative describing under what normal business circumstances or operations the items are moved, the frequency of such circumstances or operations, and the type and number of items involved.
Licensees shall not operate the premises except in accordance with a floor plan approved by the Borough of Belmar: the approved floor plan shall be kept on the licensed premises at all times and shall be readily available to law enforcement officers, individuals authorized to enforce alcoholic beverage control laws, rules, regulations and ordinances and other State, County and local officials. The approved floor plan shall also be provided to the Belmar Police Department, Building Department and Fire Official.
The requirements of this section and approval of the floor plan shall not be deemed to satisfy any other State, County and local laws, rules, regulations and ordinances, by way of example, planning, zoning, fire, and building review and approvals.
Any alteration to a licensed premises and/or to its floor plan that has the effect of increasing the permitted occupancy of the licensed premises pursuant to any law or regulation must first be approved by the Borough Council, in addition to any other requirements, reviews and/or approvals of any State, County and local agency, board, commission or like authority.
[1966 Code § 4-7.2; New]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or persons under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
[1966 Code § 4-7.3]
The sale and service of alcoholic beverages on licensed premises shall be limited to the licensee and the licensee's employees.
[1966 Code § 4-7.5]
Every license certificate shall be framed under glass and displayed by the licensee in such a manner and place that it may be seen by anyone entering the licensed premises.
[1966 Code § 4-7.6]
No licensee shall permit or allow any brawl, violent act, unnecessary noise, or disturbance to occur on the licensed premises. No licensee shall permit or allow the licensed premises to be used or operated in such a manner as to become a nuisance.
[Ord. No. 2011-26, § 1]
In addition to the requirements of obtaining a commercial film making permit and complying with the regulations governing the same pursuant to § 20-15 et seq., it shall also be an independent duty and requirement of a licensee to ensure that the permit is obtained and that all regulations in § 20-15 and in the permit are complied with. The failure of a licensee to do so shall be a violation of this subsection. This subsection shall not limit any violation to any person or entity that is not a licensee that may be applicable pursuant to § 20-15 et seq.
[1966 Code § 4-7.8]
No person dressed in any bathing or swimming suit or costume shall be permitted in any licensed premises between the hours of 7:00 p.m. and the hour on the following day when the sale, service, and consumption of alcoholic beverages may be resumed as set forth in Subsection 17-6.1.
[Ord. No. 2000-14, § II; Ord. No. 2011-15 § 2; Ord. No. 2015-21; Ord. No. 2017-06 § 2]
BYOB Allowed, Exceptions. This section applies to premises which are not licensed or permitted to sell or serve alcoholic beverages other than wine or a malt alcoholic beverage, for on-premises consumption pursuant to N.J.S.A. 2C:33-27 as may be supplemented and amended. The consumption of wine or malt alcoholic beverages (commonly known as beer and wine including champagne and other sparkling wines) by patrons of the premises, the premises that is not licensed or permitted to sell or serve alcoholic beverages, including wine or malt alcoholic beverages, shall be permitted as provided by law, except as specifically prohibited or regulated by the Borough of Belmar Revised General Ordinances.
Rules and Regulations. The following rules and regulations are applicable to all premises with BYOB privileges:
Premises with BYOB privileges must comply with all applicable State, Federal and municipal rules, regulations and laws regarding the consumption of wine or malt alcoholic beverages on a premises that is not licensed or permitted to sell or serve alcoholic beverages, including wine or malt alcoholic beverages.
All premises with BYOB privileges shall not allow any person to consume or possess open containers of wine or malt alcoholic beverages except when those persons are seated for service at the premises, by way of illustration and not limitation, no person waiting to be seated for service may consume or possess an open container of wine or malt alcoholic beverages.
If the premises, or portions thereof, contains an approved Outdoor Eating Area, Outdoor Dining Area and/or Sidewalk Cafe Area said area of premises may only have BYOB privileges if it is not in violation of any of the terms and conditions of an approved Outdoor Eating Area, Outdoor Dining Area and/or Sidewalk Cafe Area. If there are any violations of any of the terms and conditions of an approved Outdoor Eating Area, Outdoor Dining Area and/or Sidewalk Cafe Area the premises' BYOB privileges in said portion of the premises shall be suspended until the violations have been abated.
Beachfront, Boardwalk and Pavilions. No person shall bring, consume or possess any alcoholic beverage, malt alcoholic beverage or wine or any other intoxicating liquors on the beachfront, in the waters adjacent thereto, on the boardwalk, or in the areas adjacent to any of the pavilions owned by the Borough of Belmar including portions of the aforementioned pavilions that are occupied by concession lessees. For purposes of this section only, the term "beachfront" shall include all locations in the portion of the Borough included in the area delineated by and starting at 100 yards west of Ocean Avenue, then extending easterly to the Atlantic Ocean.
BYOB privileges are allowed at the 5th Avenue Pavilion (John A. Taylor Pavilion) only, and is subject to the conditions set forth in Schedule A and Schedule B, which are in addition to any other conditions imposed by ordinance, rule, regulation or law.
Supplemental Powers of this section. Nothing in this section shall restrict the right of the Borough of Belmar to enforce any other ordinance, rule, regulation or law regarding the sale, possession or consumption of alcoholic beverages, wine and/or malt alcoholic beverages.
BYOB privileges are allowed at Art Galleries located in the commercial districts of the Borough of Belmar subject to the following conditions, which are in addition to any other conditions imposed by ordinance, rule, regulation or law:
BYOB privileges are allowed inside the portion of the physical structure only.
The person, business, or organization hosting the event shall be solely responsible to ensure no person is over-served alcoholic beverages and that no person under the legal age to consume alcoholic beverages is served, consumes or possesses alcoholic beverage, even if the child's parent or guardian has allowed the child to do so.
[Ord. No. 2003-12; Ord. No. 2017-06 § 2]
Liquor Licenses Not Permitted, Exceptions. No liquor licenses may be located on the boardwalk, in pavilions on the boardwalk or in the areas adjacent to any of the pavilions including portions of the aforementioned pavilions and adjacent areas that are occupied by concession lessees.
[1966 Code § 4-8.1]
The Chief of Police and members of the Police Department of the Borough shall enforce the provisions of this Chapter. All police incidents involving licensed premises, or acts occurring on or in the immediate vicinity of licensed premises, shall be reported to the Borough Council within two weeks after the police incident report is filed, whereupon the Borough Council shall determine whether further investigation is warranted, and whether probable cause exists for prosecution for violations of this Chapter or for instituting revocation or suspension proceedings pursuant to this Chapter.
[1966 Code § 4-8.2]
Every licensee shall be responsible for conducting, operating, and using the licensed premises in compliance with all applicable statutes, laws, ordinances, and regulations. Every licensee shall immediately report to the Police any act occurring on or about the licensed premises which constitutes a violation of any applicable statute, law, ordinance, or regulation.
[1966 Code § 4-8.3; Ord. No. 2004-03]
In addition to the requirements of N.J.A.C. 13:2-23.13(a)(3), regarding the maintaining of an employee list, every licensee shall register all employees with the Police Department within 24 hours after the commencement of any such employee's employment, and shall notify employees who are required to possess an Employee Identification Card of their obligation to obtain the same as required herein. To register an employee, the licensee shall provide the following information and/or documentation to the Police Department, and in addition to the requirements of N.J.A.C. 13:2-23.13(a)(3) the same shall be maintained with the licensee's employee list:
[1966 Code § 4-8.4; Ord. No. 2004-03]
It shall be the duty and responsibility of all licensees to ensure that all employees of a licensee who are involved with the handling, service and/or sale of alcoholic beverages obtain and possess an Employee Identification Card issued by the Police Department while on duty. Employees involved with the handling, sale and/or service of alcoholic beverages shall include, but are not limited to, managers, and/or supervisors, waiters, waitresses, cashiers, bartenders, barmaids, bar backs and bouncers, security guards or persons performing similar activities regardless of the title employed.
Every employee required to obtain an Employee Identification Card shall provide the Police Department with the information and/or documentation required herein within five calendar days after their employment commences. Every employee required to obtain an Employee Identification Card shall be fingerprinted, and shall provide the following information:
Every employee required to obtain an Employee Identification Card shall wear the card while working in a manner and place where it may be easily seen by customers and law enforcement officers.
Employee Identification Cards shall be valid for one year from the date of issuance. Employee Identification Cards which have not been expired for a period of 30 days or more may be renewed by submitting the information required in Subsection 17-8.4(b) and the appropriate Police Department form and fee(s).
It shall be the responsibility of the licensee to obtain an employee's Employee Identification Card upon the termination of the employee and return the Employee Identification Card to the Belmar Police Department within seven days of the employee's termination. If the employee's Employee Identification Card is issued for more than one licensed establishment then the licensee terminating said employee shall notify the Belmar Police Department, in writing, of the employee's termination within seven days of the employee's termination. If a licensee is unable to obtain a terminated employee's Employee Identification Card within seven days of the employee's termination, the licensee shall notify the Belmar Police Department of the same, in writing, and provide an explanation of the steps the licensee has taken to obtain the Employee Identification Card, including last known contact information of said employee and any other information reasonably required by the Belmar Police Department in this regard.
Falsification or alteration of an Employee Identification Card is prohibited. Reproduction of an Employee Identification Card, without prior written permission of the Belmar Police Department, is prohibited. Violation of this regulation shall be punishable upon conviction of a fine of $1,000 for a first offense, a fine of $1,250 and/or 30 days incarceration for second and subsequent offenses; and may also subject the licensee to charges against the liquor license by the local Alcoholic Beverage Control Board and other agencies.
[1966 Code § 4-8.5; Ord. No. 2004-03; Ord. No. 2009-09 § I]
Every employee registering with the Police Department as required by Subsection 17-8.4 shall submit the following fees to the Police Department with the appropriate form(s):
That amount charged by any State or Federal agency for a criminal history record check and/or a fingerprint inquiry where such an inquiry is permitted by law, which shall be paid by certified check or money order payable to the agency; and
A $50 processing fee for an initial Employee Identification Card; or a $35 processing fee for the renewal of an Employee Identification Card, or for the addition or removal of additional employers. The renewal of an Employee Identification Card that has been expired for a period of 30 days or more shall be deemed an initial application and shall pay a $50 processing fee in addition to any other requirements for an initial Employee Identification Card. All fees required pursuant to the section shall be paid by certified check or money order payable to the Borough of Belmar.
The Borough Council may suspend or revoke any license issued by it for any of the reasons set forth in N.J.S.A. 33:1-31.
[1966 Code § 4-9.1]
Proceedings for suspension or revocation of any license shall be commenced by service upon the licensee of a written specification of charges and notice of hearing. A hearing on the charges shall be held on the date set forth in the notice. The written specification of charges and notice of hearing shall be served on the licensee no later than five days prior to the hearing. Service shall be made by personal delivery to the licensee or by registered mail addressed to the licensee at the licensed premises. A suspension or revocation ordered by the Borough Council at or following the hearing shall be effected by a notice in writing of such suspension or revocation, designating the effective date, and, in the case of a suspension, the term of the suspension, served upon the licensee personally or mailed by registered mail addressed to the licensee at the licensed premises.
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
It shall be unlawful for:
A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or
A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverages on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him/her any alcoholic beverage; or
Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his/her age have the right to purchase and consume alcoholic beverages.