[Ord. #382, S 3.1; New]
This Chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of North Plainfield in accordance
with the provisions of an act of the Legislature of the State of New
Jersey entitled An Act Concerning Alcoholic Beverages, comprising
Chapter 436 of the Laws of 1933, its supplements and amendments, and
also comprising N.J.R.S. 33:1-1 et seq., and in accordance with the
rules and regulations of the State Director of Alcoholic Beverage
Control.
[New]
For the purpose of this Chapter, words and phrases herein shall
have the same meanings as in R.S. 33:1-1 et seq., and the rules and
regulations of the Director of the Division of Alcoholic Beverage
Control.
[Ord. #382, S 3.2; New]
All applications for licenses, all licenses issued and all proceedings under this Chapter shall be in accordance with the act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[Ord. #382, S 3.5; New; Ord. #91-10, S 8]
All licenses required by this Chapter shall be issued by the
Council, which shall also administer the provisions of this Chapter.
All licenses shall be distributed by the Borough Clerk under
the common seal of the Borough and shall continue in force for the
term set forth therein unless sooner revoked by the issuing authority
or the Director of the Division of Alcoholic Beverage Control for
violation of any federal or state statute or municipal ordinance regulating
the sale of alcoholic beverages. On the granting of licenses, the
Borough Clerk shall forthwith report their issuance to the Director
of the Division of Alcoholic Beverage Control.
[Ord. #382, S 3.6; New]
No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this Chapter.
[Ord. #382, S 3.3]
All applications for licenses shall be presented in writing
and shall conform to the official form promulgated by the Director
of the Division of Alcoholic Beverage Control and filed with the Borough
Clerk accompanied by the Federal Stamp Tax, or evidence of its payment,
and the annual license fee as hereinafter provided as required by
the Act and under the Chapter, which application shall be addressed
to the Council of the Borough. All questions thereto shall be fully
answered and verified by the applicant and shall designate the place
and kind of license applied for.
[ Ord. #85-20, S 1]
The Borough Clerk shall, before providing any person with any
form obtained from the State of New Jersey, Department of Law and
Public Safety, Division of Alcoholic Beverage Control, collect from
the person a sum equal to any amount charged the Borough by the Division
for the form requested.
[Ord. #382, S 3.4]
All applications for licenses shall be referred by the Department
of Police, which shall investigate the character and fitness of the
applicant and the place proposed for license, and shall report to
the Council at a subsequent meeting its findings and recommendations.
No license shall be issued to any person not fully qualified
under the provisions of the Act and the rules and regulations.
[Ord. #382, SS 3.8-3.10; Ord. #466, S 1; Ord. #219-C, S 1;
Ord. #503, S 1; Ord. #219-H, SS 1-2; Ord. #677, S 1; Ord. #677-C,
S 1; Ord. #677-D-83-22, SS 1-3; Ord. #90-04, SS 1, 5; Ord. #91-06,
S 3; Ord. #05-20; Ord. #11-05; Ord. No. 2016-06; amended 10-23-2023 by Ord. No. 23-13]
a.
License Fees; Number of Licenses. The annual fees of licenses for
the sale and distribution of alcoholic beverages in the Borough shall
be as follows:
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
The provisions of New Jersey's State Limitation Law, as provided
in Chapter 72 of the Laws of 1960 and as the same may have heretofore
or may be hereafter amended, shall control the number of and the issuance
of plenary retail consumption and plenary retail distribution licenses.
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License (ALL)
|
$2,500.00
|
7
|
|
Plenary Retail Distribution License
|
$2,500.00
|
4
|
|
Club License
|
$200.00
|
2
|
b.
Application for Temporary Contingency Permit. Any person, firm, corporation
or association making application for a temporary contingency permit
pursuant to N.J.S.A. 33:1-74 shall pay an application processing fee
of $20.00 to the Clerk of the Borough of North Plainfield.
[Ord. #382, S 3.12; Ord. #481, S 1; Ord. #219-B, S 2; Ord.
#532-A, S 1; Ord. #219-F, S 1; Ord. #219-J, S 1; Ord.
No. 2017-13]
No alcoholic beverages shall be sold, delivered or served to
or consumed in any licensed premises on Mondays, Tuesdays, Wednesdays,
Thursdays and Fridays between the hours of 1:00 a.m. and 7:00 a.m.,
and on Saturdays between the hours of 2:00 a.m. and 7:00 a.m., except
Sundays, New Year's Day, and Christmas and Easter Day each year as
hereinafter provided.
[Ord. #382, S 3.12; Ord. #481, S 1; Ord. #219-B, S 2; Ord.
#532-A, S 1; Ord. #219-F, S 1; Ord. #219-J, S 1; Ord. #93-06, S 1; Ord. No. 2017-13]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
[Ord. #382, S 3.12; Ord. #481, S 1; Ord. #219-B, S 2; Ord.
#532-A, S 1; Ord. #219-F, S 1; Ord. #219-J, S 1; Ord. #93-06, S 2;
Ord. #07-03; Ord. No. 2017-13]
On January 1, alcoholic beverages may not be sold, served, delivered
to or consumed in the licensed premises from the hours of 2:00 a.m.
and 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic
beverages may not be sold, served, delivered to or consumed in the
licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
[Ord. #382, S 3.12; Ord. #481, S 1; Ord. #219-B, S 2; Ord.
#532-A, S 1; Ord. #219-F, S 1; Ord. #219-J, S 1; Ord. #93-06, S 3;
Ord. #97-06]
b.
The provisions of subsection 6-4.1 of the Borough Code as to the sale, service, consumption and/or delivery shall now apply to Christmas Day when Christmas Day falls on any day of the week other than Sunday. The provisions of subsection 6-4.2 of the Borough Code as to the sale, service, consumption and/or delivery of alcoholic beverages within the Borough shall now apply on Christmas Day when Christmas Day falls on a Sunday.
[Ord. #382, S 3.12; Ord. #219-B, S 3; Ord. #219-J, S 1; New]
During the hours in which sales of alcoholic beverages are hereinabove
prohibited, the entire licensed premises shall also be closed and
no person shall be admitted or permitted to remain therein except
the licensee or bona fide employees of the licensee, except that this
provision shall not be construed to preclude restaurants, hotels,
motels and clubs holding licenses, from remaining open during other
hours for the purpose of providing other services and accommodations
to guests, members and guests of members, provided, however, adequate
facilities and equipment exist for such services and accommodations,
such services and accommodations are regularly provided, and any bars
on the premises are securely closed.
[Ord. #382, S 3.12; Ord. #219-B, S 3; New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any habitual drunkard,
mental defective, intoxicated person or person under the legal age,
nor permit the consumption of alcoholic beverages on any licensed
premises by any of the above-named classes or persons, or permit any
such persons to congregate in or about the licensed premises.
[New]
No licensee shall sell or deliver, or allow, permit or suffer
the sale or delivery of any alcoholic beverage at retail in its original
container for consumption off the licensed premises, or allow, permit
or suffer the removal of any alcoholic beverage in its original or
opened container from retail licensed premises, on Sunday before 12:00
noon, or before 9:00 a.m. or after 10:00 p.m. on any other day of
the week.
[Ord. #382, S 3.7; Ord. #466, S 1; Ord. #219-H, SS 1-2; Ord.
#503, S 1; Ord. #677, S 1; Ord. #677-C, S 1; Ord. #677-D-83-22, SS
1-2]
a.
No retail consumption license or retail distribution license shall
permit the sale of alcoholic beverages in or upon any premises in
which a grocery, delicatessen, drug or other mercantile business is
carried on, except the keeping of a hotel or restaurant or the sale
of cigars and cigarettes at retail, as an accommodation to patrons,
or the retail sale of nonalcoholic beverages as accessory beverages
to alcoholic beverages.
b.
The holder of a plenary retail distribution license shall be entitled,
subject to the rules and regulations, to sell any alcoholic beverage
for consumption off the licensed premises, but only in original containers.
No more than one plenary retail distribution license shall be issued
to any person, partnership or corporation in the Borough. Plenary
retail distribution licenses may be issued to permit the sale of alcoholic
beverages in or upon any premises in which any other mercantile business,
or businesses are carried on; provided, however, that the area, in
the premises for which the plenary retail distribution license shall
be issued, shall be so arranged, set off and determined by a partition
from floor to ceiling of either solid material or glass or a combination
of both, which shall prohibit any ingress to, or egress from, any
other portion of the unlicensed premises of which the licensed premises
form a part, so that access may not be gained therein, from the unlicensed
portion of the premises, except during such hours that the holders
of such licenses shall be entitled, subject to law, and the rules
and regulations, to sell any alcoholic beverage for consumption off
the licensed premises, provided however, that the holder of such plenary
retail distribution license may sell in the licensed premises nonalcoholic
beverages as accessory beverages to alcoholic beverages, cigarettes,
novelty gift packages and gift baskets, and such items accessory to
the preparing and serving of beverages as ice cubes, glass ware, bottle
and can openers, fruit squeezers, stirrers, strainers, tongs, ladles,
forks and spoons, cherries, olives, onions, pretzels, korn kurls,
nuts, potato chips, and items in the nature of cheese bits.
[Ord. #382, S 3.9; Ord. #677, S 1]
The holder of a club license shall be entitled, subject to the
rules and regulations, to sell only to bona fide club members and
their guests alcoholic beverages intended for immediate consumption
on the licensed premises and shall only be issued to such clubs, associations
or organizations which are operated for benevolent, charitable, fraternal,
social, religious, recreational, athletic or similar purposes and
not for private gain and shall be subject to the qualifications, conditions
and restrictions imposed by the Director of the Division of Alcoholic
Beverage Control and the rules and regulations of the Borough. Each
application for a club license shall set forth the names and addresses
of all officers, trustees, directors, or other governing officers,
together with the names and addresses of all the members of the applying
club, corporation or association, together with a copy of the certificate
of incorporation, and, if an association, the articles of association.
[Ord. #382, S 3.12; Ord. #219-B, S 3]
No licensee or any of his agents, servants or employees shall
sell, serve or deliver or give intoxicating liquor to any policeman
or fireman while in uniform.
[Ord. #382, S 3.13]
On July 1 of each year, each licensee shall register with the
Chief of Police of the Borough the names and addresses of all bartenders
and other persons engaged in the handling and selling of alcoholic
beverages. And thereafter, during the life of such license, each licensee
shall also register all changes in the personnel of bartenders and
other persons engaged in the handling and selling of alcoholic beverages
under such license as granted, the registration to be made with the
Chief of Police of the Borough, who shall investigate all such employees
handling and selling alcoholic beverages to ascertain whether or not
they are qualified under the statutes.
In case of granting of any new license during the course of
any year after July 1, then such registration shall be made with the
Chief of Police of the personnel or employees at such time of the
granting of the license, and any changes of employees shall be registered
as aforesaid.
[New]
No person under the legal age shall purchase, attempt to purchase,
or have another purchase for him any alcoholic beverages on any premises
licensed for the sale of alcoholic beverages.
[New]
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.
[New]
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 the legal
age.
[Ord. #00-13]
No person under the legal age to consume alcoholic beverages
shall knowingly possess or knowingly consume alcoholic beverages on
private property. Any person found to be in violation of this Section
shall be punished by a fine of $250 for a first offense and $350 for
any subsequent offense. In addition to the fine authorized for this
offense, the Court may suspend or postpone for six months the driving
privileges of that person's driver's license. Upon conviction, the
Municipal Court shall forward a report to the Division of Motor Vehicles
stating the first and last day of the suspension or postponement period
imposed by the Court. If a person at the time of the imposition of
a sentence is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the Court shall immediately
collect the license and forward it to the New Jersey State Division
of Motor Vehicles along with the report. If for any reason the license
cannot be collected, the Court shall include in the report the complete
name, address, date of birth, eye color and sex of the person, as
well as the first and last date of the license suspension period imposed
by the Court.
The Court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in R.S. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of R.S. 39:3-40.
If the person convicted under this Section is not a New Jersey
resident, the Court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Division the required report. The Court shall
not collect the license of a nonresident convicted under this Section.
Upon receipt of a report by the Court, the Division shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
a.
Exceptions. No person shall be convicted for violating this Section
if:
1.
The person consumes or possesses the alcoholic beverage in connection
with a religious observance, ceremony or rite or consumes or possesses
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained the legal age to purchase
and consume alcoholic beverages. As used in this section, "relative"
means the underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity. The term "guardian"
means a person who has qualified as a guardian of the underaged person
pursuant to testamentary or court appointment.
2.
The person is actually engaged in the performance of employment by
a person who is licensed under Title 33 of the Revised Statutes, or
while actively engaged in the preparation of food while enrolled in
a culinary arts or hotel management program at a county vocational
school or post secondary educational institution; however, this Section
does not preclude the imposition of a penalty under this Section,
R.S. 33:1-81, or any other section of law against a person who is
convicted of unlawful alcoholic beverage activity on or at the premises
licensed for the sale of alcoholic beverages.
Any license issued under this Chapter may be suspended or revoked
for violation of any of the provisions of this Chapter or any provision
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 provisions of R.S. 33:1-31 by service of a five-day notice
of charges preferred against the licensee and affording a reasonable
opportunity for hearing.
Suspension or revocation of a license shall be in addition to
any other penalty which may be imposed for a violation of this Chapter.
