[New]
This Chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Keansburg 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 N.J.R.S. 33:1-1 et seq., and the rules
and regulations of the Director of the Division of Alcoholic Beverage
Control.
[Ord. #223, § 1]
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. #223, § 3]
All licenses required by this Chapter shall be issued by the
Mayor and Council, which shall also administer the provisions of this
Chapter.
[Ord. #223, § 5]
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. #1027, §§ 1 — 3; Ord. #1328,
§ 1; Ord. #1406, § 1; Ord. #1465; amended 12-12-2018 by Ord. No.
1627]
The annual fees of licenses for the sale and distribution of
alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License Fee
|
|---|---|
|
Plenary Retail Consumption License
|
$1,400
|
|
Plenary Retail Distribution License
|
$1,400
|
|
Club License
|
$90
|
|
Transfer Application Fee
|
$140
|
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 be hereafter
amended, shall control the number of and the issuance of plenary retail
consumption licenses and plenary retail distribution licenses.
[Ord. #337, § 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 6:00 a.m. except Sundays and New Year's Day each
year as hereinafter provided.
[Ord. #858, § 1; Ord. #337, § 1; Ord.
#1470 § 1]
a.
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be served or consumed in the licensed premises between the hours of 2:00 a.m. and 12:00 noon.
b.
In addition to the above provision alcoholic beverages may be sold
or delivered by licensees, holding a distribution (44) licenses between
the hours of 9:00 a.m. and 12:00 noon. Alcoholic beverages may be
sold or delivered by licensees holding a consumption with broad package
privilege (32) license between the hours of 9:00 a.m. and 12:00 noon
provided sales shall be conducted within the designated sales area
that is on record with the Borough of Keansburg and the New Jersey
Department of Alcoholic Beverage Control.
[Ord. #281; Ord. #1345; Ord. #1470 § 2]
[Ord. #223, § 18]
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, nor permit the consumption of
alcoholic beverages on any licensed premises by any of the above named
persons.
[Ord. #223, § 15; Ord. #337, § 1]
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.
[Ord. #920, § 1]
The plenary retail consumption license shall not permit the
sale of alcoholic beverages in or upon any premises in which a grocery,
delicatessen, drug store 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.
[Ord. #233, § 20]
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.
[Ord. #243, § 1]
Licenses shall not be transferable. A separate license shall
be required for each specific place of business, and each license
shall be effectual only for the licensed premises mentioned therein,
provided, however, that upon an application for a transfer in the
same manner as for an original application, and upon publication of
intention to transfer, in the same manner as in the case of an original
application, the governing body may issue a transfer of such license
to a different place of business, by endorsing such permission upon
such license, and upon payment of a fee of $5 for such transfer.
[Ord. #243, § 1]
No licensee shall allow, permit or suffer any outside lights
in connection with the licensed premises to remain on after the hour
of 2:00 a.m. on any day of the week.
[Ord. #1092, § 1; Ord. #1140, § 1]
a.
Proximity to Existing License Locations.
1.
No license for the retail sale of alcoholic beverages for consumption
on or off the licensed premises, excepting renewal licenses for the
same premises which have been previously licensed and transferred
from person to person, shall be granted or transferred to other premises
within a distance of 1,000 feet of an existing licensed premises.
Notwithstanding the foregoing, in the event the licensee, and only
the licensee, shall desire to transfer his license to another premises,
he may be permitted to do so at the discretion of the Borough Council,
but the transfer to new premises shall be limited to a distance of
not more than 300 feet from the licensed premises from which the transfer
is sought. This exception shall not be construed to authorize any
other transfer except in compliance with the 1,000-foot distance limitation
aforementioned. The distances shall be measured in the same manner
as that required by statute for the measuring of distances between
licensed premises, schools and churches.
2.
Notwithstanding the provisions of paragraph a, 1, the governing body
of the Borough may determine, after conducting a hearing and upon
a review of the proposed location and the facilities located in and
around the proposed location, and a review of the general neighborhood
characteristics and boundaries surrounding such location, that approval
of a transfer within the 1,000-foot distance limitation may be permitted,
upon a finding that the following conditions exist:
(a)
The proposed location is appropriate for the type of operation
anticipated.
(b)
To deny the application would result in an unusual hardship
for the owner of the proposed location, due to its appropriateness
for the use in question.
(c)
The granting of the transfer shall not impair the neighborhood
and shall not be detrimental to the public good.
(d)
The granting of the transfer shall not cause an undue concentration
of establishments of the type to be relocated in the immediate area.
In the event the Borough Council in its discretion finds the
preceding conditions do exist, then, in that event, the transfer of
a license shall be permitted unrestricted by the 1,000-foot limitation.
3.
The Borough Council, at its discretion, may allow the transfer of
licenses unrestricted by the 1,000-foot limitation in the event that
any licensed premises shall be taken by the power of eminent domain
for any municipal, county, State or Federal project, provided, nevertheless,
that the premises to which the license is sought to be transferred
shall not be located within a distance of 500 feet of existing licensed
premises for which the same class of license is issued as the one
sought to be transferred. In the event a transfer of a license shall
be allowed as provided for in this subsection, no other license shall
thereafter be transferred to the premises or any part thereof by the
transfer, nor within a radius of 1,000 feet. The 500-foot distance
provided for in this subsection shall be measured in the same manner
as that required by statute for the measuring of distances between
licensed premises, schools and churches.
4.
Nothing in this subsection shall be construed to prevent the granting
or transferring of any retail consumption licenses to any premises
which shall be used for a bona fide hotel or motel containing 100
sleeping rooms.
5.
No plenary retail distribution license shall be granted for the sale
of alcoholic beverages in or about or upon any premises whatsoever
where any other business of any other kind, nature or description
is carried on, except for the retail sale of those items permitted
under N.J.S.A. 33:1-12(3)(a).
6.
Transfers of liquor licenses under paragraphs 1 through 3 hereinabove
shall mean transfers made in good faith, and not designed or sought
to circumvent the requirements of the aforesaid paragraphs. The Borough
Council may disapprove a transfer which it judges not to be made in
good faith, or one designed or sought to circumvent the requirements
of the aforesaid paragraphs.
[Ord. #1182]
a.
No person or persons heretofore or hereafter securing a license from
the Borough of Keansburg of any kind, description or nature can operate
under the said license nor shall any person acting as agent, employee
or servant of any such licensee in the Borough of Keansburg until
each and every one of such persons shall register with the Police
Department of the Borough of Keansburg and secure a personal identification
card as herein provided.
b.
Such personal identification card shall have on it the signature
of the person for whom the card is made out, shall have the fingerprints
of said person on one side of the card and photograph of the said
person on the other side of the card, and the said card shall be filed
by the Chief of Police, and the person securing the same shall file
with the Police Department of the Borough of Keansburg such information
as may be required by the said Department of the said individual,
and the said record shall be known as the civilian identification
department of the Bureau of Records of the Police Department of the
Borough of Keansburg.
c.
The holder of such card, while operating in manner aforesaid, in
the Borough of Keansburg, shall have the card with them and present
the same at any time or times to any member of the Police Department
of the Borough of Keansburg, when required so to do.
d.
Any person violating any of the provisions of this section shall,
upon conviction thereof, forfeit and pay a fine of not more than $100
or be imprisoned in the County Jail for not more than 90 days, and
the officer before whom any such person or corporation may be brought,
may impose such punishment by fine or imprisonment in the County Jail
that he may see fit, not exceeding the maximum herein fixed.
e.
If any person required to register with the Police Department of
the Borough of Keansburg and requiring a personal identification card
as provided herein, shall fail to so register and have the card in
addition to the penalty herein, the license from the Borough of Keansburg
under which such person shall operate, shall be subject to revocation.
[Ord. #2015-1567]
All establishments holding a liquor license within the Borough
of Keansburg shall have a video recording system on the premises.
Liquor license holders shall permit the Keansburg Police Department
to make periodic inspections of said recording equipment to ensure
the equipment is operational and in good working order. Tapes from
the recording system shall be made available to the Police Department
at the request of the Chief of Police.
Failure to maintain said equipment in proper working order shall
be cause for disciplinary action to be taken against the liquor license
by the Governing Body. All liquor license renewals and transfers shall
be subject to this provision.
[N.J.S.A. 33:1-81]
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.
[N.J.S.A. 33:1-81]
It shall be unlawful for a person under the legal age for purchasing
alcoholic beverages to consume any alcoholic beverage on premises
licensed for the retail sale of alcoholic beverages, or to purchase,
attempt to purchase or have another purchase for him any alcoholic
beverage.
[N.J.S.A. 33:1-81]
It shall be unlawful for 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 age have the right to purchase and consume alcoholic
beverages.
[N.J.S.A. 33:1-81]
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, shall be punished by a fine of not less than $100. In addition,
the Court shall suspend the person's license to operate a motor vehicle
for six months or prohibit the person from obtaining a license to
operate a motor vehicle in this State for six months beginning on
the date he becomes eligible to obtain a license or on the date of
conviction, whichever is later. In addition to the general penalty
prescribed for an offense, the Court may require any person under
the legal age to purchase alcoholic beverages who violates this act
to participate in an alcohol education or treatment program authorized
by the Department of Health for a period not to exceed the maximum
period of confinement prescribed by law for the offense for which
the individual has been convicted.
[Ord. #223, § 13]
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.
