[New]
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.
[New]
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.
[New]
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]
a.
The number of licenses for the sale or distribution of alcoholic
beverages in the Town shall be as follows:
|
Class of License
|
Number
|
|---|---|
|
Plenary Retail Consumption License
|
19
|
|
Plenary Retail Distribution License
|
5
|
b.
1.
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.
2.
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.
c.
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.
[1]
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]
a.
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.
b.
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
1.
Tavern: Premises containing essentially a bar, although grilled food,
sandwiches or the like may also be available; and some entertainment
may be available.
2.
Package Store: Premises which consist primarily of a liquor store.
3.
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.
4.
Lunch Room or Diner Type Premises: Premises devoted mainly to limited
or basic dining purposes, with counter service, but without entertainment.
5.
Club Licenses: The distance and proximity limitations are determined
not to be necessary as between club license premises.
c.
Areas of Application and Distance Limitations.
1.
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.
2.
In all other areas in Guttenberg, such distance limitation shall
be 250 feet.
3.
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:
(a)
There is no undue concentration of licensed alcoholic beverage
establishments in the surrounding area or neighborhood; and
(b)
The proposed location is appropriate for the type of operation
applied for; and
(c)
Granting of the application would not substantially impair the
intent and purposes of the prohibitation imposed under this section.
d.
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.
e.
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]
a.
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.
b.
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]
a.
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.
b.
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.
[New]
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]
a.
RESTAURANT
Definitions.
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.
b.
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.
c.
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.
d.
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:
1.
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.
2.
The consumption of alcoholic beverages other than wine or malt alcoholic
beverages shall not be permitted in the restaurant.
3.
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.
4.
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.
5.
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.
6.
The restaurant shall not charge any admission fee, membership fee,
or cover, corkage or service charge.
7.
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.
8.
No owner, operator, or employee of the restaurant shall be permitted
to serve or distribute wine or malt alcoholic beverages in the restaurant.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
The restaurant may not have tables seating more than the amount allowed
occupancy by Guttenberg Ordinance Regulations.
16.
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.
e.
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.
[Ord. #41-11]
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.
[Added 1-22-2022 by Ord.
No. 01-2022]
a.
Any holder of an Alcoholic Beverage Control license ("Licensee"),
which permits the sale of alcoholic beverages within the Town, shall
place and maintain security cameras that can monitor and record all
entrances and exits of the establishment, as well as the front perimeter
of the same extending to the curbline and parking lot if within licensee's
care and control. The security camera system and placement of surveillance
cameras must be approved by the Guttenberg Police Department.
b.
Surveillance of the entranceway and surrounding outdoor areas shall
be recorded 24 hours per day, seven days per week. Any cameras located
inside the facility shall be required to record only during business
hours.
c.
Video footage from said camera systems shall be retained for at least
a period of 30 days.
d.
The recordings contained therein shall be made available to sworn
officers of the Guttenberg Police Department and any of the Town's
Alcoholic Beverage Control Inspectors pursuant to any investigation
being conducted regarding activity at or in the immediate area of
the establishment in accordance with state law upon notice to the
establishment.
e.
Licensees must comply with paragraphs a and b above within 90 days
of the adoption of this section, or any longer period as may be provided
by resolution of the Mayor and Council, however, any licensee that
maintains security cameras on the date of the adoption of this section
that captures any of the areas described in paragraphs a and b, shall
be required to retain video footage from said camera for a period
of 30 days, as of the effective date of this section.
[Subsection 6-4.9 was adopted 1-22-2022 by Ord. No. 01-2022]
[New]
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.
[New]
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.
[New]
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.
[New]
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.
[Ord. #1995-09]
As used in this section, the following terms shall have the
meanings as indicated:
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.
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.
[Ord. #1995-09]
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.
b.
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.
c.
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.
d.
The
licensee or covered employee shall submit to having his/her fingerprints
taken at a New Jersey State authorized facility.
e.
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.
f.
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.
g.
The
applicant shall be responsible for all related costs of fingerprinting
at the New Jersey State authorized facility.
h.
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.
i.
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.
j.
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.
k.
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.
l.
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.
