Editor's Note: See also Section 3-4, Consumption of Alcoholic Beverages in Public Places.
[1971 Code § 11-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Matawan 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 of
the Laws of 1933), its supplements and amendments, and also comprising
N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations
of the State Director of Alcoholic Beverage Control.
[1971 Code § 11-2]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as in N.J.S.A. 33:1-1 et seq., and the
rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
[1971 Code § 11-3.1]
All applications for licenses, all licenses issued or revoked, 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 of the United States.
[1971 Code § 11-3.2]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
[1971 Code § 11-3.3]
No person shall sell, distribute or transport alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter.
[1971 Code § 11-3.4; Ord. No. 01-07; Ord. No. 06-06; Ord. No. 07-33; Ord. No.
10-09; Ord. No. 12-05; Ord. No. 2015-05]
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License
Fees
|
Statutory Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$1,600.00
|
1
|
|
Plenary Retail Distribution License
|
$ 950.00
|
2
|
|
Club License
|
$ 188.00
|
5
|
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.
[1971 Code § 11-3.5]
At the same time of submission of an application for the issuance
or transfer of a retail license, each applicant or proposed transferee
shall present himself to the Borough Police Department for fingerprinting.
This provision shall apply to all individual owners, all members of
a partnership and all corporate shareholders except that, in the event
of corporate ownership, this provision shall not apply if:
[1971 Code § 11-4.1]
No alcoholic beverages shall be sold, delivered or served to
or consumed in any licensed premises on any day between the hours
of 2:00 a.m. and 7:00 a.m., except Sundays and New Year's Day
each year as hereinafter provided.
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 9:00 a.m. (1971 code § 11-4.2)
[1971 Code § 11-4.3]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
[New]
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises shall also be closed and no person shall
be admitted or permitted to remain with the following exceptions:
a.
This closing of premises requirement shall not apply to bona fide
hotels, to restaurants as defined in N.J.S.A. 33:1-1(t), or to clubs
as set forth in N.J.S.A. 33:1-12(5) and State Regulation No. 7.
[1971 Code § 11-4.4]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or person under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[1971 Code § 11-6]
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 N.J.S.A. 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.
