[1973 Code § 49-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Town of Kearny in accordance with the
provisions of an Act of Legislature of the State of New Jersey entitled
"An Act Concerning Alcoholic Beverages" (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 Director of the Division of Alcoholic Beverage Control.
[New]
For the purpose of this chapter, words and phrases herein shall
have the same meanings 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.
[1973 Code § 49-2]
All applications for licenses or special permits and 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.
[1973 Code § 49-9]
All applications for licenses shall be set forth, in full, answers
to questions prescribed by the aforesaid Act and by the rules and
regulations of the State Director, and shall include declarations
called for by these provisions.
[1973 Code § 49-3]
All licenses required by this chapter shall be issued by the
Mayor and Town Council which shall also administer the provisions
of this chapter. The issuance of all licenses shall be reported to
the Director of the Division of Alcoholic Beverage Control.
[1973 Code § 49-4]
No license shall be issued except after written application
presented by the proposed licensee, upon forms approved by the Governing
Body and inspection and investigation by the Alcoholic Beverage Control
Investigation and Enforcement Unit,[1] and after conformity with publication of notice and otherwise,
as required by the Act and this chapter.
[1973 Code § 49-5]
No person shall sell or distribute alcoholic beverages within the Town of Kearny without having obtained a license in accordance with the Act referred to in section 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1973 Code § 49-17; Ord. No. 1999-O-1; Ord. No. 2002-O-83 § 6; Ord. No. 2007-(O)-43]
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Town shall be as follows:
|
Class of License
|
Annual License Fees
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$930
|
33
|
|
Plenary Retail Distribution License
|
$720
|
27
|
|
Club License
|
$150
|
5
|
a.
The limitations imposed hereby shall be subject in all respects to
the laws of the State of New Jersey regarding the sale of alcoholic
beverages.
[1973 Code § 49-6; Ord. No. 5-23-95]
The holder of a plenary retail consumption license shall be
entitled, subject to rules and regulations, to sell for consumption
on the licensed premises any alcoholic beverage by the glass or other
open receptacle, and also to sell all alcoholic beverages in original
containers for consumption off the licensed premises. Such license
shall not permit the sale of alcoholic beverages in or upon any premises
in which a grocery, delicatessen, drugstore 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 necessary beverages
to alcoholic beverages.
[1973 Code § 49-7; Ord. No. 5-23-95]
The holder of a plenary retail distribution license shall be
entitled, subject to rules and regulations, to sell any alcoholic
beverage for consumption off the licensed premises, but only in original
containers.
[1973 Code § 49-8; Ord. No. 8-8-95]
a.
The holder of a club license shall be entitled, subject to rules
and regulations, to sell, only to bona fide club members and their
guests, alcoholic beverages intended for immediate consumption on
the licensed premises.
b.
Club licenses limited; hotels and motels excepted.
1.
Club licenses shall be issued only to such corporations, associations
and organizations as are operated for benevolent, charitable, fraternal,
social, religious, recreational, athletic or similar purposes and
not for private gain, and such licenses shall be subject to the qualifications,
conditions and restrictions imposed by the State Commissioner of Alcoholic
Beverage Control; provided, however, that no license shall be granted
hereafter unless and until the number of such licenses issued and
outstanding shall be less than 12, except as hereinafter set forth.
2.
Nothing contained in paragraph b, 1 above shall prevent the issuance
in the Town of Kearny of a new license to a person who operates a
hotel or motel containing at least 100 sleeping rooms or who may herinafter
construct and establish a new hotel or motel containing at least 100
sleeping rooms; provided, however, that the renewal or transfer of
such a license must be renewed for or transferred to a hotel or motel
containing at least 100 sleeping rooms.
c.
Each application for a club license shall set forth the names and
addresses of all officers, trustees, directors or other governing
officials, together with the names and addresses of all the members
of the applying club, corporation or association.
d.
When the number of club licenses issued and outstanding shall be
less than 12, except as provided in paragraph b, 2 above, additional
licenses may be granted, but only such numbers that the number of
club licenses issued and outstanding shall not exceed 12.
[1973 Code § 49-10]
No license shall be issued to any person, firm, corporation,
group or partnership not fully qualified under the provisions of the
Act and the rules and regulations.[1]
[1973 Code § 49-11]
All licenses shall be for a term of one year from the first
day of July in each year, and all fees shall be paid in advance, upon
presentation of the application; provided, however, that any licensee,
except a seasonal retail consumption licensee, who shall voluntarily
surrender his license and who shall not have committed any violation
of this chapter or of any rule or regulation, and who shall have paid
all taxes, setoffs or counterclaims that may have become due to the
State of New Jersey or to the Town of Kearny, shall be entitled, after
deduction of 50% of the fee as a surrender fee, to the prorated fee
for the unexpired term.
[1973 Code § 49-12; Ord. No. 1997-17 § 1]
a.
No plenary retail consumption license shall be transferred to another
premises or granted to a premises within a distance of 400 feet from
an existing licensed premises covered by a plenary retail consumption
license, unless (1) the owner(s) of the existing plenary retail consumption
license waives enforcement of this provision; (2) the plenary retail
consumption license will apply to premises used as a restaurant serving
alcoholic beverages as defined in N.J.S.A. 33:1-1t; and (3) the Town
Council waives the 400-foot distance provision after providing interested
parties with an opportunity to be heard.
b.
No plenary retail distribution license shall be transferred to another
premises or granted to a premises within a distance of 400 feet from
an existing licensed premises covered by a plenary retail distribution
license.
c.
The provisions of paragraph a and b of this subsection shall not
apply to the renewal of licenses which are issued and outstanding,
nor to the renewal of such licenses hereafter transferred to another
person, provided that the place of business or premises shall remain
the same as set forth in the license issued and outstanding.
d.
The provisions of paragraph a and b of this subsection shall not
apply to the first transfer of any such license to another premises,
provided that the premises to which the business is transferred shall
be within 600 feet to be measured in the normal way that a pedestrian
would properly walk from the nearest entrance of the premises to the
nearest entrance of the premises sought to be licensed.
[1973 Code § 49-13]
a.
No plenary retail consumption license shall be issued in the Town
of Kearny unless and until the combined total number of such licenses
existing in the Town is fewer than one for each 3,000 of its population
as shown by the last Federal census.
b.
No new plenary retail distribution license shall be issued in the
Town of Kearny unless and until the number of such licenses existing
in the Town is fewer than one for each 7,500 of its population as
shown by the last Federal census.
c.
Provisions of this section shall not apply to the renewal of licenses
which are issued and outstanding, nor shall the provisions apply to
the transfer of such licenses nor to the renewal of licenses so transferred.
[1973 Code § 49-16]
No licensee shall sell, serve or deliver or allow, or permit
the sale, service or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on a licensed premises on
weekdays between 2:00 a.m. and 6:00 a.m. of the following weekday
morning.
The above mentioned hours shall be construed to mean Eastern
Standard Time or Eastern Daylight Savings Time, whichever time shall
be in effect within the Town of Kearny.
[1973 Code § 49-16]
No licensee shall sell, serve, deliver or allow, or permit the
sale, service and delivery or consumption of any alcoholic beverage
on a Sunday between the hours of 2:00 a.m. and 12:00 noon.
[1973 Code § 49-16]
No licensee shall sell, serve, deliver or allow, or permit the
sale, service or delivery of any alcoholic beverage or allow the consumption
of any alcoholic beverage upon the licensed premises between the hours
of 4:00 a.m. and 6:00 a.m. on New Year's Day when it falls on
a weekday, or between the hours of 4:00 a.m. and 12:00 noon when New
Year's Day falls on a Sunday.
[1973 Code § 49-16]
No licensee shall sell, serve, deliver or allow, or permit the
sale, service or delivery of any alcoholic beverage or allow the consumption
of any alcoholic beverage upon the licensed premises on the day following
Primary Election Day or General Election Day, between the hours of
4:00 a.m. and 6:00 a.m.
[1973 Code § 49-19]
No person shall be served in any back room or side room which
is not open to the use of the public generally, except that in hotels
guests may be served in their rooms or in private or public dining
rooms, and provided also that this prohibition shall not apply to
club licenses.
[1973 Code § 49-20]
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
the 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
by the duly authorized Governing Body; and provided also that this
prohibition shall not apply to the renewal of the 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.
[1973 Code § 49-21]
Any person, except an officer or other person authorized by
and acting pursuant to instructions from such officer, so doing in
the course of and for the purpose of enforcing said act, who shall
knowingly purchase, receive or procure any illicit beverage, on conviction
thereof shall be subject to a fine of not less than $10 and not more
than $100 or imprisonment for not less than two days and not more
than 10 days, or by both such fine and imprisonment, in the discretion
of the court.
[1973 Code § 49-15]
All premises in which alcoholic beverages shall be sold or otherwise
dispensed, excepting those which hold club licenses, shall have reasonable
access of light from the public street, 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 the licensed
premises.
[1973 Code § 49-16B,C]
a.
During the hours sales of alcoholic beverages are prohibited, all
licensed premises except those for which plenary retail distribution
licenses are issued and on which other mercantile business is conducted,
and those for which plenary retail consumption licenses are issued
and on which a bona fide restaurant is conducted, shall be closed.
b.
The hours above referred to shall be the time officially in effect
in the Town of Kearny.
[1973 § 49-19]
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.
[1973 Code § 49-3.1; Ord. No. 1996-0-17]
The Investigation Division of the Kearny Police Department is
hereby designated as the Alcoholic Beverage Control Investigation
and Enforcement Unit and is hereby authorized and empowered to investigate,
inspect, search or examine any licensed premises as may be necessary
for the Alcoholic Beverage Control Laws, and rules and regulations
promulgated thereunder.
[1973 Code § 49-13.1; Ord. No.
2002-O-54A §§ 1, 2]
a.
Every licensee holding a plenary retail consumption license or a
plenary retail distribution license, and the agents, bartenders, waiters,
waitresses, barmaids, or other employees of the licensee, shall make
application to the Alcoholic Beverage Control Investigation and Enforcement
Unit for an identification card, which card shall be issued only upon
completion of the application form provided by the Alcoholic Beverage
Control Investigation and Enforcement Unit. The application shall
require complete answers in writing as to the identity, character,
general experience and other pertinent information with regard to
the licensee, his agent, bartender, waiter or other employees.
b.
The provisions of paragraph a shall not apply to any person, whether
designated as an employee, independent contractor or otherwise, whose
sole function on the licensed premises is to provide entertainment
for the patrons.
[1973 Code § 49-13.2]
Upon notification by the Alcoholic Beverage Control Investigation
and Enforcement Unit to the licensee, agent, bartender, waiter, waitress,
barmaid and/or other employee that his application has been approved,
that individual shall report immediately to the Kearny Police Department
and permit the Police Department to take an impression of the thumb
and fingertips of both hands. At the time of taking of the fingerprints,
the individual shall also permit the Police Department to take a photograph
of the individual which photograph shall be attached to an identification
card, which shall be issued to the individual and shall be on file
on the licensed premises where he is employed so that it can be exhibited
on demand at any time. Such identification card shall expire one year
from the date of issuing, at which time new photographs shall be taken
and an updated identification card issued to the licensee, agent,
bartender, waiter and/or other employee. Each individual shall be
required to pay a fee of $10 per year for each identification card.
In the event at the discretion of the Alcoholic Beverage Control Investigation
and Enforcement Unit the licensee, agent, bartender, waiter, waitress,
barmaid or other employee shall physically change in appearance so
that identification card photograph no longer depicts their appearance,
the licensee, agent, bartender, waiter, waitress, barmaid or other
employee shall be required to have a new photograph taken for which
the cardholder shall pay a fee of $5.
[1973 Code § 49-13.3]
Every licensee holding a club license shall be required to have its president and bar manager comply with the provisions of subsections 6-4.12 and 6-4.13. Further, any club licensee shall notify the Alcoholic Beverage Control Investigation and Enforcement Unit as to any change in the individuals serving in the capacity as president and/or bar manager.
[1973 Code § 49-13.4]
No licensee shall engage or employ any agent, bartender, waiter
or other employee in connection with the business of the licensee
until and unless such person shall have conformed to the requirements
of this chapter.
[1973 Code § 49-14]
a.
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 the Division of Alcoholic Beverage Control.
b.
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
and such suspension or revocation shall carry the penalties and prohibitions
provided for in said act.
c.
Suspension
or revocation of a license shall be in addition to any other penalty
which may be imposed for a violation of this chapter.
[1973 Code § 49-17]
Persons under the legal age shall not be allowed in any room
in which any bar is located, unless accompanied by a parent or guardian.
[1973 Code § 49-23; Ord. No. 12-22-82]
It shall be unlawful in the Town of Kearny for any person under
the legal age for purchasing alcoholic beverages to enter any premises
licensed for the sale of alcoholic beverages for the purpose of purchasing
or having served or delivered to him or her any alcoholic beverage.
[1973 Code § 49-24; Ord. No. 12-22-82]
It shall be unlawful in the Town of Kearny for any person under
the legal age to purchase or attempt to purchase, or to have another
person purchase for him or her, any alcoholic beverage in the Town
of Kearny.
[1973 Code § 49-25; Ord. No. 12-22-82]
It shall be the duty of any licensee or any of his employees,
if in doubt as to the age of any person desiring to purchase alcoholic
beverages, to ascertain, by reasonable means, the age of such person
before selling, serving or delivering alcoholic beverages to such
person.
[1973 Code § 49-26; Ord. No. 12-22-82]
It shall be unlawful in the Town of Kearny for any person under
the legal age to misrepresent or misstate his or her age for the purpose
of inducing a licensee or any of his employees to sell, serve or deliver
any alcoholic beverage to him or her.
[1973 Code § 49-30]
It shall be unlawful for:
a.
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; or
b.
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; or
c.
Any person to enter any premises licensed for 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
right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this subsection
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, shall be punished by a fine of not less than $500. 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 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.
(N.J.S.A. 33:1-81)
