[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-10-1980 by Ord. No. 1979-12 (Ch. 30 of the 1976 Code)]
It shall be unlawful to sell, distribute or consume or to operate, use or maintain any store, vehicle, dwelling or other structure of any kind for the sale, distribution or consumption of alcoholic beverages within the Borough of Woodlynne, except as provided in this article.
This article shall be construed as being in accordance with an Act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments, as set forth in Title 33 of the New Jersey Statutes Annotated, and also in accordance with the Rules and Regulations promulgated by the State Director of Alcoholic Beverage Control, its supplements and amendments as set forth in Title 13, Subtitle B, of the New Jersey Administrative Code.[1] All applications for licenses under this article and all licenses issued thereunder and proceeding in connection therewith shall be subject to the aforesaid Act and Rules and Regulations, and the supplements and amendments thereto.
[1]
Editor's Note: See now Title 13, Chapter 2, Division of Alcoholic Beverage Control, of the New Jersey Administrative Code.
It shall be unlawful to sell or distribute alcoholic beverages in the Borough of Woodlynne without a license previously applied for and granted pursuant to the provisions of this article.
A. 
The only form of alcoholic beverage license to be issued by the Borough of Woodlynne will be the plenary retail consumption license as defined in Title 33 of the New Jersey Statutes Annotated and the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control. The total number of plenary retail consumption licenses issued and outstanding at the same time in the Borough of Woodlynne shall not exceed one.
B. 
The annual license fee for such license shall be $2,000, payable in advance with the application therefor, to the order of the Borough of Woodlynne. Such fee shall be in addition to any fees required by the Director of the Division of Alcoholic Beverage Control.
C. 
The term of such license shall expire on June 30, and the license fee shall be prorated accordingly.
All applications for said license shall be in the form required by law and as furnished by the Borough Clerk, and each license shall comply with the terms of this article, the aforesaid Act and Rules and Regulations and shall be subject to the terms and provisions thereof.
Every license pursuant to this article shall be exposed to public view in a conspicuous place in the licensed premises, and any omission so to do shall be presumptive evidence that the place where alcoholic beverages are being sold is unlicensed.
A. 
No alcoholic beverages shall be sold, distributed or consumed, nor shall any licensee suffer or permit the sale, distribution or consumption of any alcoholic beverage, directly or indirectly, or open for business any place so licensed between the hours of 3:00 a.m. and 7:00 a.m. on any weekday, including Saturday, or between 3:00 a.m. and 1:00 p.m. on any Sunday; provided, however, that on the night of December 24-25, commonly known as "Christmas Eve," and on the night of December 31-January 1, commonly known as "New Years Eve," the aforementioned restricted hours shall be from 4:00 a.m. to 7:00 a.m. on weekdays, including Saturdays, and 4:00 a.m. to 1:00 p.m. on Sundays. During the restrictive hours referred to herein, all licensed premises or parts thereof where alcoholic beverage activity shall be prohibited as set forth herein shall be cleared of patrons and closed.
[Amended 1-13-1983 by Ord. No. 1982-9]
B. 
Except for malt alcoholic beverages in original bottle or can containers, no alcoholic beverages shall be sold, distributed or removed, nor shall any licensee suffer or permit the sale, distribution or removal of any alcoholic beverage in its original or opened container for consumption off the licensed premises on Sunday or before 9:00 a.m. or after 10:00 p.m. on any other day of the week.
C. 
No alcoholic beverages, including malt alcoholic beverages, shall be sold, displayed for sale or distributed, nor shall any licensee suffer or permit the sale, display for sale, distribution or removal, directly or indirectly, of any alcoholic beverage, including malt alcoholic beverages, in original or opened bottle or can containers for off-premises consumption except from and in the principal bona fide public barroom of the licensed premises and as more specifically set forth in Title 13, Subtitle B, Subchapter 35, of the New Jersey Administrative Code (Rules and Regulations of the Division of Alcoholic Beverage Control), as may be amended from time to time.
D. 
Nothing herein contained shall prevent the proprietors of bona fide restaurants equipped for and actually used for the serving of meals, who shall serve said meals in a room entirely disconnected and separate from the room in which alcoholic beverages may be displayed, stored, mixed, dispensed or sold, and who may be licensed under this article for the sale of alcoholic beverages, from serving meals during the above-mentioned restrictive hours.
A. 
No activity permitted by the issuance of a license under this article shall take place within 200 feet of any church or public school or private school not conducted for pecuniary profit. The governing body of the Borough of Woodlynne may, in its discretion, require a distance greater than the aforesaid 200-foot distance before issuing a specific license, if it deems such act to be in the best interest of the public. Such distance prohibitions can only be waived with the approval of both the governing body of the school or church affected and the governing body of the Borough of Woodlynne.
B. 
In the event that the governing body of the Borough of Woodlynne should permit, by amendment to this article, the issuance of more than one alcoholic beverage license, no such license shall be issued for or transferred to premises located within 1,000 feet of another premises for which a license is outstanding in the Borough of Woodlynne.
C. 
The distances set forth in the above Subsections A and B shall be measured in the normal way that a pedestrian would properly walk from the nearest church or school, or from the nearest entrance of a licensed premises as the case may be, to the nearest entrance of the premises to be licensed.
All applicants for the plenary retail consumption license provided for by this article, in conjunction with and in addition to completing the standard application forms furnished by the Borough Clerk, shall:
A. 
Submit the following information, along with the aforesaid application, for review by the governing body of the Borough of Woodlynne:
(1) 
An architect's drawing showing the appearance, shape and general design of any proposed building or alterations in relation to existing buildings or structures and/or their proposed use.
(2) 
A certified survey of the premises sought to be licensed, showing the area of each lot or parcel to be built upon and/or upon which any building is located, the location of existing structures and parking areas, adjacent streets and highways and applicable block and lot numbers for the subject property from the Borough Tax Map.
(3) 
The area and location of all adjoining lots or parcels owned by the applicant.
(4) 
Computations of the total gross floor area, the total floor area devoted to patron use, the total number of seating spaces for patron use, the total area of the barroom or other room used for selling, displaying, storing, mixing or dispensing alcoholic beverages, the total area of kitchen and office space and the total area required for parking space and driveways on the proposed licensed premises.
(5) 
A statement of the type of system proposed to be used for sewage and waste disposal on licensed premises and all permits and approvals that will be required for the proposed system.
(6) 
A statement affirming that the proposed licensed facility will be in compliance with the Chapter 390, Land Development, of the Borough of Woodlynne, as well as any variances that will be required to bring such proposed licensed facility in conformity with such chapter.
(7) 
Facts evidencing whether or not the awarded license will have an economic benefit to the Borough, either in the form of additional tax ratables or other forms of economic enhancement, and the degree of the same.
(8) 
A statement of all taxes currently owing and past due on the proposed site and premises.
(9) 
Any other information that the governing body may deem necessary and reasonably require at any time during its evaluation of license applications, as well as any information required by the Director of the Division of Alcoholic Beverage Control.
B. 
Be subject to and comply with the following conditions and requirements, as well as any other conditions and requirements imposed by the State Legislature, the Director of the Division of Alcoholic Beverage Control and any other portion of this article, if approved for receipt of alcoholic beverage license by the governing body of the Borough of Woodlynne:
(1) 
If a successful alcoholic beverage license applicant has proposed or been required to construct or alter the licensed premises in such a way as to require site plan approval or other action by the Planning Board or Zoning Board of the Borough of Woodlynne, the award of such license shall be expressly conditioned upon the submission of a complete application to such Boards within 90 days from the adoption of the resolution approving the award of the license by the governing body.
(2) 
If the successful alcoholic beverage license applicant has proposed or been required to construct or alter the licensed premises, the award of such license shall be expressly conditioned upon the completion of such construction or alteration to the satisfaction of the governing body and the placing into complete operation of the licensed premises within the period not to exceed 18 months from the adoption of the resolution approving the award of the license by the governing body, and upon the posting of a third-party surety bond in a form acceptable to the Borough Attorney, guaranteeing the completion of such construction within the time aforesaid. The punitive amount of such bond shall be in the nature of liquidated damages and shall be set by the governing body of the Borough of Woodlynne. The condition requiring the posting of said surety bond shall be required to be complied with within 90 days from the adoption of the resolution approving the award of said license. During the period of time necessary for the licensee to complete the construction or alteration of the licensed premises, such licensee shall periodically keep the governing body apprised of the progress in this regard.
(3) 
No license shall be awarded to any successful applicant until and unless such applicant shall submit written certification that all taxes currently owing and past due on the proposed site and premises have been paid in full.
(4) 
The governing body of the Borough of Woodlynne may, according to law, impose such additional conditions and requirements as it shall deem necessary and proper in regard to any specific license award.
The governing body of the Borough of Woodlynne shall conduct a public hearing prior to its determination regarding the award of any license referred to in this article. The applicants for such license shall present at the public hearing material, evidence and testimony which is addressed in the application and the supplemental materials submitted with the application for the license referred to herein. All such materials, evidence and testimony shall be subject to cross-examination. Statements, material, evidence and testimony may be presented in support of or opposition to any application by any interested party or Borough citizen.
The governing body of the Borough of Woodlynne declares the following general standards to be applicable to its evaluation of license applications and awards of alcoholic beverage licenses, subject to the applicable New Jersey statutes and Rules and Regulations of the Division of Alcoholic Beverage Control:
A. 
In reviewing an application for the award of any alcoholic beverage license, the governing body shall consider the potential public benefit and the potential public harm that may be derived from or caused by the award of a specific license and generally shall act in the best interest of the public in finally awarding such license. Each resolution originally awarding any such license shall set forth findings of fact showing that the award of the license is in the best interest of the public.
B. 
In evaluating the location of any proposed licensed facility, the governing body shall consider the proximity of other facilities similar in character as well as the proximity of buildings or structures containing entities that may be particularly sensitive to a facility with an alcoholic beverage license, including but not limited to schools and churches.
C. 
In evaluating the construction layout and physical appearance of a proposed licensed facility, the governing body shall consider its relation to and effect upon surrounding buildings, structures and natural features within a 250-foot area of the proposed licensed facility. The governing body shall also consider the ability of the proposed licensed facility to safely accommodate patrons on the licensed premises.
D. 
In reviewing an application for the award of any alcoholic beverage license, the governing body shall also consider the applicant's ability to comply with the requirements of the local Zoning Board, Planning Board, Fire Departments and any other applicable local agency, as well as comply with the requirements of the applicable New Jersey statutes, Rules and Regulations of the Division of Alcoholic Beverage Control and the other provisions of this article.
With regard to the consumption of alcoholic beverages in the Borough of Woodlynne, it shall be unlawful to:
A. 
Consume alcoholic beverages while in or on a public street, lane, sidewalk, public or quasi-public place or in any public conveyance without the express permission of the owner or other person having authority to grant such permission.
B. 
Consume alcoholic beverages while in a private motor vehicle while the same is in motion or parked in any public street, lane or public or quasi-public parking lot.
C. 
Consume alcoholic beverages while upon any private property not his own without the express permission of the owner or any other person having the authority to grant such permission.
D. 
Discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner.
With regard to the sale to, consumption by or purchase by minors of alcoholic beverages:
A. 
It shall be unlawful for a minor to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, having served or distributed to him or her, attempting to purchase or have another person purchase for him or her or consuming any alcoholic beverages.
B. 
It shall be unlawful for any person to purchase on behalf of a minor any alcoholic beverages for consumption thereof on any premises licensed for the retail sale of alcoholic beverages.
C. 
It shall be unlawful for any person to misstate or misrepresent his or her age or the age of any other person for the purpose of inducing any retail licensee or employee thereof to sell or distribute any alcoholic beverage to a minor.
No alcoholic beverage licensee shall sell, distribute, allow, permit or suffer the sale or distribution of any alcoholic beverage, directly or indirectly, to any person considered a minor by law or anyone under the influence of alcoholic beverages or allow, permit or suffer the consumption of alcoholic beverages by any such persons upon the licensed premises.
No alcoholic beverage licensee shall allow, permit or suffer in or upon the licensed premises any disturbances, lewdness, illegal or immoral activity, brawls or unnecessary noises, nor allow, permit or suffer the licensed place of business to be conducted in such a manner as to become a nuisance.
A. 
Any person or entity who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $500 or imprisonment for not more than 90 days, or both said fine and imprisonment, in the discretion of the court. The continuation of such violations for each successive day shall constitute a separate offense.
B. 
Any license awarded pursuant to this article may be suspended or revoked by the governing body for violation of any of the provisions of this article or for the violation of any of the provisions of the applicable New Jersey statute or any of the Rules and Regulations promulgated by the State Director of Alcoholic Beverage Control, in addition to the penalty set forth in Subsection A of this section.
[Adopted 10-8-2009 by Ord. No. 2009-6]
Any individual who purposely and knowingly offers or serves alcoholic beverages to an individual under the legal age for consuming alcoholic beverages shall be guilty of violating this article.
Any individual who purposely and knowingly permits or entices an individual under the legal age for consuming alcoholic beverages to consume alcoholic beverages shall be guilty of violating this article.
This article shall not apply:
A. 
To parents or grandparents of the individual under the legal age; or
B. 
To a brother or sister of the individual under the legal age, provided such brother and/or sister are of legal age to consume alcoholic beverages; or
C. 
To guardians of the individual under the legal age; or
D. 
To a religious observance, ceremony, or rite; or
E. 
To any person who serves, offers, entices, permits, etc., an individual under legal age to consume alcoholic beverages wherein such act is done in the presence of the aforementioned parent or guardian of the individual under the legal age and with the express permission of such parent or guardian of such individual under legal age.
Any person, firm, corporation, or other entity, upon conviction for violation of this article, shall be fined not more than $500 or imprisoned for a term not to exceed six months, or both, such being in the discretion of the court.