[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Rumson 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.
[Ord. 6/28/34]
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. 6/28/34]
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. 6/28/34]
All licenses required by this chapter shall be issued by the
Mayor and Borough Council, which shall also administer the provisions
of this chapter.
[Ord. 6/28/34]
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.
[New; Ord. 2/10/38; Ord. 3/22/45; Ord. 3/27/47; Ord. 8/23/79; Ord. 2/26/81, § 1; Ord. 9/10/81, § 1, 2; Ord. 4/28/05, § 1; Ord.
3/16/06, § 1; Ord. No.
08-005G, § 1; Ord. No.
08-016G, § 1; New; Ord.
No. 09-013G, § 1; Ord.
No. 10-015G; Ord. No. 12-008G; Ord. No. 13-009G; Ord. No. 14-010G § 3; Ord. No. 16-001G § 2; Ord. No. 16-006G § 4; Ord. No. 17-010G § 2]
From and after the effective date hereof the annual fees and
maximum number of licenses for the sale or distribution of alcoholic
beverages in the Borough shall be as follows:
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,500.00
|
9
|
|
Plenary Retail Distribution License
[Ord. No. 17-010G § 2] |
$2,500.00
|
2
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
or licenses presently issued.
[Ord. 6/28/34]
All licenses shall run from July 1 to June 30 following, except
those issued during the fiscal year which shall run from the effective
date thereof to June 30 following. License fees shall be prorated
on a per diem basis, from the effective date of the license to June
30 following.
[Ord. No. 08-016G, § 1]
The Borough shall require that all liquor license holders provide
a list of all their employees who serve alcoholic beverages along
with the alcoholic beverage service permit information for each server
as a condition of the renewal of their license each July. No liquor
license renewal shall be approved until such information is provided
to the Municipal Clerk.
[Ord. 10/22/42]
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 as hereinafter provided.
[Ord. 10/22/42; Ord. No. 09-013G, § 4]
The provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverage shall 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. 10/22/42]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any habitual drunkard,
intoxicated person or minor, 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]
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 therein except the licensee or
bona fide employees of the licensee; except that this closing of premises
requirement shall not apply to hotels, restaurants, or to other establishments
where the principal business is other than the sale of alcoholic beverages.
[Ord. 6/28/34]
All premises in which alcoholic beverages shall be sold or otherwise
dispensed, excepting to those which hold club licenses, shall have
reasonable access of light from the public highway, and such premises
shall be deemed to have reasonable access of light when a normal sized
adult can, on inspection from the exterior, view the interior of said
licensed premises.
[Ord. 6/28/34; Ord. 11/21/78, § 1]
No license shall be issued for the sale of alcoholic beverages
within 200 feet of any church or public school or private schoolhouse,
not conducted for pecuniary profit, except to manufacturers, wholesalers,
hotels, clubs and fraternal organizations which own or are actually
in possession of the licensed premises at the time of the effectiveness
of the aforesaid act, the 200 feet to be measured in the normal way
that a pedestrian would properly walk from the nearest entrance of
said church or school to the nearest entrance of the premises sought
to be licensed, provided, however, that this prohibition may be waived
at the issuance or renewal of such license, by the duly authorized
Governing Body or authority of such school or church, and such waiver
shall be effective until the date of the next renewal of the license,
and provided also that this prohibition shall not apply to the renewal
of any license where no such school or church was located within the
prohibited distance of the licensed premises, at the time of the issuance
of the license, or as otherwise excepted by the provisions of the
act.
No plenary retail consumption license shall be transferred to
any premises located within 200 feet of any premises already licensed
for plenary retail consumption of alcoholic beverages.
[Ord. 8/23/34; Ord. No. 08-016G, § 1]
All applications for, and transferees of, plenary retail consumption
licenses, club licenses, plenary retail distribution licenses, and
limited retail distribution licenses shall be fingerprinted either
by the Police Department of the Borough or by some other established
police authority, who shall forward to the Borough Police Department
the prints, together with a certification that the fingerprints are
the prints of the applicant. The prints must be clear and readily
classifiable in the opinion of the Chief of the Borough.
[Ord. 5/14/70; Ord. No. 08-016G, § 1]
The Chief of Police shall cause an investigation to be made
of each applicant, which investigation shall include the records on
file with the Borough, the New Jersey State Police and the Federal
Bureau of Investigation, to determine whether or not said applicant
has ever been convicted of a crime and shall thereafter file a report
with the Borough Administrator containing the name of each person
fingerprinted and investigated and reveal therein any police or criminal
record of the applicant.
[Ord. 4/14/70; Ord. No. 08-016G, § 1]
In the event that the applicant or licensee referred to in subsection 6-4.7 above is a corporation, then every officer and director of the corporation shall, for the purposes of this chapter, be considered an applicant or licensee. The same requirements shall apply with respect to an unincorporated association or organization. Shareholders having more than a 5% interest in the corporation shall be considered officers for the purposes of this chapter. If any corporation, association or organization holds 5% or more of the stock of an applicant corporation, then the officers and directors of such other corporation, association or organization shall be disclosed and shall submit to fingerprinting as provided in subsection 6-4.7.
[Ord. 4/14/70; Ord. No. 08-016G, § 1]
[Ord. No. 08-016G, § 1]
This section is enacted to regulate the sale of alcoholic beverages
in the Borough of Rumson 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 1983,
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.
[Ord. 5/14/70; Ord. No. 08-016G, § 1]
No licensee under this section shall employ in the conduct of
his licensed business any person who shall not have first obtained
a Borough alcoholic beverage service permit from the Borough Chief
of Police. No person shall permit or suffer himself to be so employed
without having first obtained such a permit from the Chief of Police.
[Ord. 5/14/70; Ord. No. 08-016G, § 1]
No Borough alcoholic beverage service permit shall be issued
to any person who:
a.
Is under the age of 18 unless said person shall first have obtained
a permit from the Director of the State Division of Alcoholic Beverage
Control;
b.
Has been convicted of a crime (with certain limited exceptions) unless
the disqualification has been removed or a rehabilitation employment
permit (or temporary work letter) has been issued by the State Alcoholic
Beverage Control Director;
c.
Is a full-time law enforcement officer in the community in which
the license is located;
d.
Has had an interest in any manufacturer or wholesaler of alcoholic
beverages (N.J.S.A. 33-1-43) or is employed as a solicitor (N.J.A.C.
13-2-16.7; see "Tied-House Statute");
e.
Has a disqualification resulting from having had an interest in a
revoked license (N.J.S.A. 33-1-31).
[Ord. No. 08-016G, § 1; Ord. No. 09-013G, § 3]
a.
Each applicant for a Borough alcoholic beverage service permit shall
be photographed and fingerprinted, under the supervision of the Chief
of Police, such time and place shall be designated by the Chief of
Police. The fingerprints shall be marked "Applicant" checked by the
State and Federal authorities. A Criminal History Check will also
be completed by the Police Department under the supervision of the
Chief of Police. The fingerprints shall also be kept on file in the
Police Department. The applicant will be required to pay the appropriate
State and municipal fingerprinting charge.
b.
The Chief of Police is hereby authorized to issue a Borough alcoholic beverage service permit to any person making such application therefor who is not disqualified under subsection 6-5.3, or is not otherwise disqualified from such employment. The Borough alcoholic beverage service permit shall state: the name of the applicant, address, date of birth, Social Security number, height, weight, hair color, eye color, and any distinguishing marks or physical characteristics. Upon approval of the application, the applicant shall be issued an ID card. The ID card shall have an expiration date, a front facing photograph and right thumb print. He or she will be required to pay the Borough of Rumson a fee of $25 for the initial ID card and any renewal cards.
c.
The applicant shall be required to have the Borough alcoholic beverage
service ID card on their person at all times while working.
d.
The requirement for the Borough alcoholic beverage service permit
for all servers shall be put in place on January 1, 2010. All servers
must complete the process and have their ID cards prior to the renewal
of the establishments' liquor license on July 1, 2010.
[Ord. No. 08-016G, § 1]
Any person(s), firm(s) or corporation(s) who violates or neglects to comply with any provisions of this section or any rule or regulation promulgated pursuant thereto, shall be subject to the penalty as stated in Chapter 3, Section 3-1.
Failure of the establishment to provide proof of all servers
having permits prior to each annual renewal or at any time requested
may result in the revocation of their liquor license.
[Ord. 11/14/57]
No minor shall be allowed in any premises where alcoholic beverages
are sold or served for consumption on the premises unless accompanied
by his parent or guardian.
[Ord. 11/14/57]
No person shall purchase or attempt to purchase alcoholic beverages
for a minor. 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 minor.
[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 18 years of age or to permit a person under 18 years to remain on any premises in violation of subsection 6-6.1.
[New]
Any parent or guardian of a minor who accompanies such minor
into a premises in which alcoholic beverages are served and who permits
the minor to possess or consume alcoholic beverages shall be presumed
to have misrepresented the age of the minor.
[New; Ord. 2/15/01, § 1]
No person under the age of 21 years shall purchase, sell, consume
or possess any alcoholic beverage on any public or private street,
highway, park, footway or other public or quasi-public place or in
a private residence in the Borough of Rumson, unless such consumption
or possession is in connection with a religious observance, ceremony
or rite or in the presence of and with the permission of his or her
parent or his or her guardian who has attained the legal age to purchase
and consume alcoholic beverages. No person under the age of 21 years
shall consume or have in his or her possession any alcoholic beverages
while in a motor vehicle in any public place or quasi-public place
in the Borough of Rumson.
[Ord. 6/28/34]
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 and 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.
