This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Town of Guttenberg in accordance with the provisions of an Act of 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.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
For the purpose of this chapter, 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.
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 of the United States.
[Ord. 12/7/42 § 1]
All licenses required by this chapter shall be issued by the Board of Council, which shall also administer the provisions of this chapter.
[Ord. 12/7/42 § 2]
No person shall sell or distribute alcoholic beverages within the Town without obtaining a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter.
[Ord. 12/7/42 §§ 53, 6; Ord. 6/2/86 § 1; Ord. 11/17/86; Ord. 6/15/88; Ord. #1994-06; Ord. #017/99; Ord. #019/01; Ord. #017/04; Ord. #004/07; Ord. No. 03-2015; Ord. No. 14-2016]
The number of licenses for the sale or distribution of alcoholic beverages in the Town shall be as follows:
The annual fee for a plenary retail consumption license is hereby set at $2,250 for liquor license term 2017-2018 and $2,500 for liquor license term 2018-2019.
The annual fee for a plenary retail distribution license is hereby set at $1,300 for liquor license term 2017-2018 and $1,550 for liquor license term 2018-2019.
The above-recited fee shall apply to all new licenses, license renewals, and license transfers which take place on or after the effective date of Ordinance No. 14-2016.
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 license fees shall be payable in accordance with the revised statutes of New Jersey and rules and regulations promulgated by the Commissioner of Alcoholic Beverage Control.
Editor's Note: Ordinance No. 14-2016 was adopted August 22, 2016. See also N.J.S.A. 33:1-12.
[Ord. 9/5/61 § 1; Ord. 1/7/77 §§ I - V; Ord. #11-11]
Statement of Policy. In the municipal exercise of the Police power and in order to better control the sale, distribution and consumption of alcoholic beverages, the Mayor and Board of Council hereby determine that reasonable limits on the transfer and proximity of competing alcoholic beverage licenses are necessary in order to prevent abuses, undue concentration of competing licenses, and related conditions detrimental to the public health, welfare and safety while taking care to insure reasonable convenience to the commercial interests in the community, and to the public.
Classes of Competing Licenses. In the application and enforcement of this subsection, transfer and proximity shall not be limited as between noncompeting classes of alcoholic beverage licensed premises, hereafter enumerated. Within each class, however, no new license shall be issued for, or transferred to any premises within the distance hereafter established of any other licensed premises within the same class for which an alcoholic beverage license is outstanding, as follows:
Classes of Licensed Premises
Tavern: Premises containing essentially a bar, although grilled food, sandwiches or the like may also be available; and some entertainment may be available.
Package Store: Premises which consist primarily of a liquor store.
Restaurant: Premises which are predominantly premises for complete dinners at tables with comprehensive menu and wine list for dining; with or without entertainment or other subsidiary use; with or without bar or cocktail lounge, but without counter food service.
Lunch Room or Diner Type Premises: Premises devoted mainly to limited or basic dining purposes, with counter service, but without entertainment.
Club Licenses: The distance and proximity limitations are determined not to be necessary as between club license premises.
Areas of Application and Distance Limitations.
It is hereby determined that problems of enforcement, proximity, competition and possible abuses which may result from undue concentration of such licensed premises are less likely to occur or adversely affect the public health, welfare and safety in shopping centers, shopping malls, large dwelling complexes or similarly developed areas which are under common ownership or control; and the public convenience in such areas, due to increased public use, requires adequate facilities to satisfy reasonable needs of the public; and accordingly the distance limitations governing licensed premises within any of the classes enumerated above, in all such areas under common ownership or control, shall be 100 feet and no alcoholic beverage license shall be issued to or transferred to premises within 100 feet of similar premises within such competing class.
In all other areas in Guttenberg, such distance limitation shall be 250 feet.
Notwithstanding the distance prohibitions set forth in this section, where the application is for approval of a license transfer, the Guttenberg Alcoholic Beverage Control Board may, in its discretion, but subject to all other applicable laws, rules and regulations, grant or permit the transfer of such a license which would otherwise be prohibited under this section upon finding as follows:
There is no undue concentration of licensed alcoholic beverage establishments in the surrounding area or neighborhood; and
The proposed location is appropriate for the type of operation applied for; and
Granting of the application would not substantially impair the intent and purposes of the prohibitation imposed under this section.
Method of Measurement of Distances. In calculating distances, such distances shall be determined in the normal manner in which a pedestrian would properly walk or proceed, including vertical progress, from the nearest main walk or proceed, including vertical progress, from the nearest main entrance of one premises licensed or sought to be licensed to the nearest main entrance of the other premises licensed or sought to be licensed.
Existing Premises Not Affected. Nothing in this subsection shall prevent the renewal or transfer person to person for premises licensed on the date of adoption of this subsection.
[Ord. 12/7/42 § 4; Ord. 1/3/77 § 1; Ord. #08/98; Ord. #018/98; Ord. #017/99; Ord. #003/04; Ord. #029/04]
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages, or allow the consumption of any alcoholic beverages on licensed premises between the hours of 2:00 a.m. and 6:00 a.m.
The holder of each plenary retail distribution license issued hereunder shall be entitled, subject to rules and regulations, to sell all alcoholic beverages including beer and wine for consumption off the premises only during the following hours, to wit 9:00 a.m. to 2:00 a.m. Monday thru Saturday. The above mentioned hours of sale shall be in accordance with eastern standard time or eastern daylight savings time whichever is in effect at the time.
[Ord. 12/7/42 § 4; Ord. 1/3/77 § 1; Ord. #017/99; Ord. #029/04; Ord. No. 13-2017]
The provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no consumption licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcohol beverages or allow the consumption of any alcoholic beverages on licensed premises between the hours of 2:00 a.m. and 12:00 noon.
The holder of each plenary retail distribution license issued hereunder shall be entitled, subject to rules and regulations, to sell all alcoholic beverages including beer and wine for consumption off the premises, on Sunday during the following hours of 12:00 noon to 2:00 a.m.
[Ord. 12/7/42 § 4; Ord. 1/3/77 § 1; Ord. #003/04]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 6:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 3:00 a.m. and 12:00 noon.
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.
[Ord. 12/7/42 § 5]
During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee.
[Ord. 12/7/42 § 5]
The licensed premises shall at all times be kept in safe, clean and sanitary condition. All rooms, passageways, exits, entrances, and stairways shall be well lighted.
[Ord. #007/00; Ord. #10-11; Ord. #06-12; Ord. #07-12]
- Shall mean an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food to its customers for on-site consumption, where customers are provided an individual menu and served at tables by a restaurant employee, and in which no other business, except such as is incidental to such establishment, is conducted.
Consumption Prohibited in Unlicensed Commercial Establishment. Except as otherwise provided in subsection 6.4-7d, no person shall drink or otherwise consume any alcoholic beverage, or offer an alcoholic beverage to another person for the purpose of consumption, in any commercial establishment where persons congregate for any purposes whatsoever, unless such establishment holds a valid retail consumption license issued by the Town of Guttenberg or the New Jersey Division of Alcoholic Beverage Control.
Owner or Operator of Establishment Shall Not Permit Consumption in Unlicensed Commercial Establishment. Except as otherwise provided in subsection 6-4.7d, no person owning or operating any commercial establishment, whether or not food or beverages are sold or served on the premises, shall serve or permit or allow the consumption of alcoholic beverages on the premises, unless such establishment holds a valid retail consumption license issued by the Town of Guttenberg or the New Jersey Division of Alcoholic Beverage Control.
Exception for Restaurants. The provisions contained in subsection 6-4.7b and 6.4-7c of this section shall not apply to a restaurant, as defined in this subsection, provided that the following conditions are met:
The restaurant must comply with all applicable State, Federal and municipal rules, regulations, statutes and ordinances pertaining to the consumption of wine or malt alcoholic beverages on premises not licensed or permitted to sell or serve alcoholic beverages, including without limitation, N.J.S.A. 2C:33-27.
The consumption of alcoholic beverages other than wine or malt alcoholic beverages shall not be permitted in the restaurant.
Only patrons who are seated for meal service at a restaurant table may consume or possess an open container of wine or malt alcoholic beverage. No person may consume or possess an open container of wine or malt alcoholic beverage while waiting to be seated for service. There shall be no consumption of wine or malt alcoholic beverages by employees of the restaurant.
No outdoor consumption of alcoholic beverages shall be permitted, except as otherwise allowed herein. The consumption of wine or malt alcoholic beverages by patrons may be permitted only in fully enclosed indoor dining areas of the restaurant, except that a restaurant that has zoning approval to operate an outdoor dining area may permit the consumption of wine or malt alcoholic beverages by patrons in such outdoor dining area, if allowed by ordinances of the Town of Guttenberg regulating outdoor cafes.
The consumption of wine or malt alcoholic beverages shall be permitted only during the hours of 12:00 noon prevailing time to 11:00 p.m. prevailing time.
The restaurant shall not charge any admission fee, membership fee, or cover, corkage or service charge.
The restaurant shall not advertise inside or outside of the premises or in any medium whatsoever that patrons may bring and consume their own wine or malt alcoholic beverages into the restaurant, e.g., no "BYOB" signs or advertising.
No owner, operator, or employee of the restaurant shall be permitted to serve or distribute wine or malt alcoholic beverages in the restaurant.
There shall be no storage of alcoholic beverages on the premises. Patrons shall not be permitted to deliver wine or malt alcoholic beverages to the premises in advance or to leave wine or malt alcoholic beverages on the premises to be consumed or to be picked up at a later time.
Patrons who desire to consume wine or malt alcoholic beverages on the premises shall bring such beverages with them to the restaurant for personal consumption. No delivery of alcoholic beverages by any person, including a licensed alcoholic beverage establishment, shall be permitted.
A patron shall only be permitted to bring wine or malt alcoholic beverages to the restaurant for personal consumption and consumption by up to seven guests at the same table.
Wine or malt alcoholic beverages shall not be permitted to be stored, displayed or maintained on a service bar or service table. Wine or malt alcoholic beverages must be kept by the patron at the table at which the patron is seated.
The owner or operator of the restaurant shall not allow, permit or suffer any alcoholic beverages to be consumed by any intoxicated person or by any person under the age of 21 years.
The restaurant must have windows that allow visibility to the inside of said restaurant from the street and may not place any obstructions on said windows that would prevent such visibility.
The restaurant may not have tables seating more than the amount allowed occupancy by Guttenberg Ordinance Regulations.
No restaurant that allows the consumption of alcoholic beverages under this section may apply for or receive a permit for an outdoor sidewalk cafe license.
Any restaurant, as defined above, that meets all of the criteria as outlined above, must annually obtain a permit from the Municipal Clerk of the Town of Guttenberg. The Municipal Clerk shall prepare an application which must be completed by the applicant and submitted to the Municipal Clerk. The Municipal Clerk shall issue the permit upon approval by resolution of the Mayor and Council. The approved permit shall be posted in a public area.
At all time, the licensed premises shall have windows that allow visibility to the inside of said licensed premises from the street and may not place any obstruction on said windows that would prevent such visibility.
No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age.
[New; Ord. #1995-10 § 1]
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. This shall not apply to individuals employed by the licensed plenary retail alcoholic beverage establishment.
It shall be unlawful for a person under the legal age 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 or her any alcoholic beverage.
It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee to sell, serve or deliver any alcoholic beverage to a person under the legal age.
It shall be unlawful for any person under the legal age to have in his or her possession any alcoholic beverage unless said possession was authorized or consented to by the parent or lawful guardian of the minor.
[New; Ord. #016-10]
Any person violating any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5. In addition to the general penalty prescribed for this 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 six months.
[Ord. 10/18/65 § 1; Ord. #017-10]
No licensee, under this chapter, or agent or other employee connected with or employed by, or to be connected with or employed by, shall permit live entertainment in any place within the Town of Guttenberg where alcoholic beverages are sold or consumed except that this prohibition shall not apply to any licensed premises that has adequate kitchen and dining room facility and which premises are used for providing and serving food as a principal part of its business.
[Ord. 10/18/65 § 2]
[Ord. 12/7/42 § 7; New]
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.
As used in this section, the following terms shall have the meanings as indicated:
- TEEN NIGHT
- Shall mean a scheduled dance or event held on the premises of a licensed plenary retail alcoholic beverage establishment and restricted to those patrons under the legal drinking age established by the State of New Jersey.
- TEEN NIGHT PARTICIPANTS
- Shall mean those individuals who are less than the legal drinking age, as established in New Jersey, who attend teen nights as hereinabove defined. This shall not apply to individuals employed by the licensed plenary retail alcoholic beverage establishment.
The holding of a teen night is hereby prohibited upon any duly licensed plenary retail alcoholic beverage establishment within the Town of Guttenberg.
[Ord. #1995-012; Ord. #011/04; Ord. #017/05; Ord. #015-10; Ord. #07-11; Ord. #05-12; Ord. #23-13]
This section shall provide an application fee and licensing requirements for the issuance of identification cards for licensees and covered employees.
Identification Cards for Licensees and Covered Employees. After approval of an application and before the license is issued, every plenary retail consumption licensee or covered employee shall provide full and complete answers, in writing, on a form identified as an Alcohol Beverage Control employee application, furnished by the Guttenberg Police Department, to all questions presented thereon as to identity, character, antecedents and general experience of any such licensee or covered employee. A temporary identification card may be issued pending completion of a detailed investigation of the applicant by the Police Department and submission of the results of that investigation and the original application for consideration by the Mayor and Board of Council. No such temporary identification card shall be valid for a period greater than 90 days from the date of issuance.
The licensee or covered employee shall, along with filing the application, attach thereto one color passport photograph, two inches by two inches. Said photograph is not to have been taken more than 30 days prior to the execution of the application.
The licensee or covered employee shall submit to having his/her fingerprints taken at a New Jersey State authorized facility.
Two separate and distinct forms of identification shall be submitted by the licensee or covered employee while executing the Alcoholic Beverage Control employee application for review by an appropriate official.
The applicant shall provide a money order or check payable to the Town of Guttenberg, for the sum of $55 to defray the expense of processing the application.
The applicant shall be responsible for all related costs of fingerprinting at the New Jersey State authorized facility.
The licensee or covered employee, whose primary function is the serving of alcoholic beverages or the performance of security duties, while in the exercise of his/her duties on the licensed premises, shall at all times conspicuously wear the presentation side of the identification card bearing the individual's first name and identification number. For purpose of this paragraph, a waiter, waitress or other type of employee whose primary function is the serving of food or performing of services that does not require the delivery of service of alcoholic beverages or only incidentally involves the service of alcoholic beverages while serving a meal, shall not be covered by this paragraph.
The licensee and/or covered employee shall renew the requirements of this chapter on an annual basis. Said renewal shall only require the fingerprinting of each licensee or covered employee every two years. The licensee and/or covered employee shall be responsible for submitting to said fingerprinting at a New Jersey State authorized facility.
No licensee shall engage any covered employee connected with the business of the licensee, unless the covered employee has conformed to the rules and regulations set forth in this section. If new covered employees are hired by the licensee, such new covered employee shall comply with the regulations set forth in this section before being permitted to work in the licensed premises.
If the applicant for a plenary retail consumption license is a corporation, all the officers thereof shall comply with the regulations of this section pertaining to the license involved; and should there be a replacement or election of new officers during the licensed term, such replaced or newly elected officers must comply with the requirements of this section.
All renewals for identification cards for covered employees shall be made starting on May 1st of each year. Any renewal applications filed after June 1st shall be charged an additional $55 as a late fee for administrative expenses. No renewal will be accepted after June 30th of each year. Any waivers to this section must be for good cause and only on approval by the Director of Public Safety or his/her designee.