[Adopted 8-25-36]
[Amended 2-8-38 by Ord. No. 93]
This Article is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Town of Secaucus, County of Hudson, in accordance with the provisions of an act of the legislature entitled "An Act Concerning Alcoholic Beverages," New Jersey Revised Statutes, Title 33, Chapter 1,[1] and in accordance with the rules and regulations promulgated
or to be promulgated by the State Commissioner of Alcoholic Beverage
Control, applicable thereto, and in accordance with the rules and
regulations existing herein or hereafter adopted by competent municipal
authority not inconsistent with said Act or said rules and regulations
of said State Commissioner.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 2-8-38 by Ord. No. 93; 12-18-12 by Ord. No. 2012-39]
It shall be unlawful to sell or distribute alcoholic beverages
otherwise than as provided by the said statute or this Article.
[Amended 4-9-85 by Ord. No. 85-9; 1-26-86 by Ord. No. 86-4; 2-10-87 by Ord. No. 87-1; 2-27-90;
3-11-98 by Ord. No. 98-6; 3-23-99
by Ord. No. 99-7]
The fees for licenses shall be as follows:
No seasonal retail consumption licenses shall be issued.
[Amended 9-23-86 by Ord. No. 86-25; 2-28-89 by Ord. No. 89-12; 3-28-89 by Ord. No. 89-15; 4-11-95
by Ord. No. 95-8; 10-11-05 by Ord. No. 2005-25]
The number of licenses in each class to be issued in the Town
of Secaucus for the sale of alcoholic beverages at retail shall be
limited as follows:
A.
Not more than 29 plenary retail consumption licenses.
B.
Not more than the number of plenary retail consumption licenses which
are consistent with the number of hotels and motels located within
the Town (hotel-motel exception).
[Amended 12-30-97 by Ord. No. 97-38]
C.
Not more than eight plenary retail distribution licenses.
D.
Not more than five club licenses.
[Amended 9-22-98 by Ord. No. 98-23; 8-26-14 by Ord. No. 2014-26]
[Amended 9-10-91 by Ord. No. 91-27]
A.
Application for a license shall be in such form as shall be prescribed
by the statute or any of the rules and regulations adopted, and any
license issued shall be in accordance with the provisions of the statute
and subject to any rules and regulations now or hereafter in force.
B.
Notwithstanding any provision of the New Jersey Statutes or Administrative
Code, all applicants seeking a license or the renewal of an active
license shall certify in writing, on a form prescribed by the Secretary,
Secaucus Board of Alcoholic Beverage Control, that the list of employees
required to be maintained by N.J.A.C. 13:2-23.13 is, in fact, being
maintained on the licensed premises. Such certification may require
the licensee to provide a true copy of such current list.
[Amended 3-27-01 by Ord. No. 2001-6]
A.
Any license issued may be suspended or revoked for a violation of
any of the provisions of this chapter, or any amendment or supplement
thereto, or any of the provisions of An Act Concerning Alcoholic Beverages,
or any amendment or supplement thereto,[1] or any of the regulations and rules now or hereafter prescribed
by this municipal authority or the State Commissioner of Alcoholic
Beverage Control.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
B.
Proceedings for the suspension or revocation of a license shall be
in accordance with the statute.
[Amended 2-8-83 by Ord. No. 93; 5-28-40 by Ord. No. 94]
A.
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage or allow the
consumption of any alcoholic beverage on licensed premises on weekdays
and Saturdays between the hours of 2:00 a.m. and 7:00 a.m. or on Sundays
between the hours of 3:00 a.m. and 10:00 a.m., except New Year's
Day each year, as hereinafter provided.
[Amended 9-14-93 by Ord. No. 93-52; 10-11-11 by Ord. No. 2011-25]
B.
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage or allow the
consumption of any alcoholic beverage on licensed premises on New
Year's Day, when it is a weekday or Saturday, between the hours
of 5:00 a.m. and 7:00 a.m., or on New Year's Day, when it is
a Sunday, between the hours of 5:00 a.m. and 12:00 noon.
[Amended 12-21-10 by Ord. No. 2010-44]
C.
During the hours when sales of alcoholic beverages are hereinabove
prohibited, all holders of plenary retail consumption licenses, except
hotels, shall draw aside curtains and screens and such other obstructions
as may be present in order that a full view of the interior of the
premises may be had from the street or other public place to which
the public is freely admitted; provided, however, that this shall
not apply to club licenses.
No licensee shall allow, permit or suffer in or upon the licensed
premises any known criminals, gangsters, racketeers, pickpockets,
swindlers, confidence men, prostitutes, disorderly persons or other
persons of ill repute nor permit any female or females to attend or
assemble in said licensed premises to solicit or entice customers
to purchase drinks or make assignations for improper purposes.
No licensee shall allow, permit or suffer in or upon the licensed
premises any disturbance, brawl or unnecessary noise nor allow, permit
or suffer the licensed place of business to be conducted in such manner
as to become a nuisance.
No licensee shall sell, serve or deliver nor shall any licensee
suffer or permit the sale, service or delivery of any alcoholic beverage
directly or indirectly to any mental defective, habitual drunkard
or intoxicated person nor permit the same to congregate in or about
the licensed premises.
[Amended 8-23-94 by Ord. No. 94-26]
Except lottery activities as may be allowed expressly by the
State of New Jersey, Division of the Lottery and the New Jersey Division
of Alcoholic Beverage Control on licensed premises, no licensee shall
conduct, suffer or permit any lottery, gambling, gambling device,
bookmaking, slot machine or the playing for money or other valuables
on or about the licensed premises.
[1]
Editor's Note: Former Sections 47-13, Lottery sales prohibited
and 47-14, Slot machines prohibited, previously codified herein were
repealed in their entirety by Ord. No. 94-26.
No person shall be served in any back room or side room which
is not open at all times for the use of the public generally, except
that in hotels, guests may be served in their rooms or in private
dining rooms.
[Amended 2-11-47; 12-8-70]
No plenary retail consumption licensee shall be restricted or
limited in employing persons to sell or serve alcoholic beverages
upon licensed premises on the basis of the sex of such person.
[Repealed 8-23-94 by Ord. No. 94-26]
[Amended 3-27-01 by Ord. No. 2001-6]
The holder of each license issued by the Board of Alcoholic
Beverage Control shall display the license certificate conspicuously
in the place where intoxicating beverages are sold.
[Amended 8-23-94 by Ord. No. 94-26; 3-27-01 by Ord. No. 2001-6]
All licenses shall be issued by the Board of Alcoholic Beverage
Control of the Town of Secaucus in the County of Hudson and shall
bear the signature of the Secretary acting on behalf and at the direction
of the Board of Alcoholic Beverage Control, who is designated to sign
and deliver such licenses on its behalf, and the Secretary shall affix
the seal of the Board of Alcoholic Beverage Control of the Town of
Secaucus to each license as the same is issued.
Any person violating or failing to comply with any of the provisions
of this Article shall, upon conviction thereof, be punishable by a
fine of not more than $500 or by imprisonment for a term not to exceed
90 days, or by both such fine and imprisonment, in the discretion
of the Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
