This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Englewood Cliffs 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.
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.
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.
All licenses required by this chapter shall be issued by the
mayor and council, which shall also administer the provisions of this
chapter.
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. No. 7003; Ord. No. 2015-03; Ord.
No. 2016-06]
The annual fees of licenses for the sale or distribution of
the alcoholic beverages in the borough shall be as follows:
|
Class of License
|
Annual License
|
|---|---|
|
Plenary Retail Consumption License
|
$2,500
|
|
Club License
|
$150
|
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.
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.
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 8:00 a.m. except Saturdays, Sundays and New Year's
Day each year as hereinafter provided.
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 10:00 a.m.
Provisions of subsection 6-4.1 shall not apply on Saturdays. On Saturdays no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 8:00 a.m.
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises at all hours, unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 6:00 a.m. and 10:00 a.m.
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.
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.
No more than one license shall be granted to any person, corporation,
partnership or limited partnership in the borough and the license
shall cover only the licensed premises.
No licensee shall sell or serve any alcoholic beverages to any
person under the age of 18 years of age.
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.
a.
Any person under the legal age to purchase alcoholic beverages who
knowingly possess or consumes any alcoholic beverage in or on any
school property, public conveyance, public place or place of public
assembly or on private property shall be in violation of this section
and shall be subject to a fine of $250 for a first offense and $350
for a subsequent offense.
b.
This section shall provide that the court may, in addition to the
fine authorized for this offense, suspend or postpone for six months
the driving privilege of the defendant. Upon the conviction of any
person and the suspension or postponement of that person's driver's
license, the court shall forward a report to the Motor Vehicle Commission
stating the first and last day of the suspension or postponement period
imposed by the court pursuant to this section. If a person at the
time of the imposition of a sentence is less than 17 years of age,
the period of license postponement, including a suspension or postponement
of the privilege of operating a motorized bicycle, shall commence
on the day the sentence is imposed and shall run for a period of six
months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this state, the court shall
immediately collect the license and forward it to the Commission along
with the report. If for any reason the license cannot be collected,
the court shall include in the report the complete name, address,
date of birth, eye color, and sex of the person, as well as the first
and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this section is not a New Jersey
resident, the court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Commission the required report. The court
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the court, the Commission shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
1.
This section shall not prohibit an under-aged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
c.
This section shall not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post-secondary educations institution. However, this section
shall be construed to not preclude the imposition of a penalty under
this section N.J.S.A. 33:1-81, or any other section of law against
a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
No alcoholic beverage shall be sold for consumption on the premises
in any room to which the public is not freely admitted; except that
the provisions of this paragraph shall not restrict the sale of alcoholic
beverages to any person in a room not open to the public at large
where such person is in attendance at a private party, affair, wedding
reception or similar gathering catered, served or attended by the
licensee and/or his employees so long as all other provisions of this
chapter are compiled with.
No licensee shall allow, permit or suffer in or upon the licensed
premises, any prostitute, female impersonator, pickpocket, swindler,
confidence man, or any notorious criminal, gangster, racketeer or
other person of ill repute.
No licensee shall allow, permit or suffer in or upon the licensed
premises any lewdness, immoral activity or foul, filthy or obscene
language or conduct, or any brawl, act of violence, disturbance, or
unnecessary noise or shall any licensee allow, permit or suffer the
licensed place of business to be conducted in such manner as to become
a nuisance.
No licensee shall engage in or allow, permit or suffer any poolselling,
bookmaking or any playing for money at faro, roulette, rouge et noir
or any unlawful game or gambling of any kind, or any device or apparatus
designed for any such purpose, or any machine or device commonly known
as bagatelle or pin ball machine, in or upon the licensed premises.
No licensee shall possess, or allow, permit or suffer in or
upon the licensed premises, any slot machine or device in the nature
of a slot machine which may be used for the purpose of playing for
money or other valuable thing.
Any and all premises licensed under the terms of this chapter
to sell alcoholic beverages shall provide a light, either fluorescent
or incandescent, which light shall be kept burning over the bar located
within such premises. This light shall be kept illuminated from the
time of closing as set forth under this chapter until there is sufficient
natural light after sunrise. Further, there shall be kept clear of
any shade, blind, drape, curtain or other covering, a window, whereby
it will be possible for the law enforcement officers in the borough
to make inspection by viewing through such window into the premises
for the purposes of protecting the premises itself and in general,
the public health, safety, welfare and morals; moreover, such window
shall be located in such a manner that an inspecting officer, viewing
from the outside, may be able on a direct line of vision to see the
illuminated bar and the area behind it, as provided above.
No plenary retail consumption license shall be transferred from
any premises to any other premises which are located within a residential
zone as set forth in the zoning ordinance of the borough; provided
however, that this paragraph shall in no way affect presently existing
premises with licenses located therein.
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 R.S. 33: 1-31 by a service of a five day notice
of charges preferred against the licensee and affording a reasonable
opportunity for a 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.
