[Ord. #374 ]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Union Beach 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.
[Ord. #374 ]
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.
[Ord. #67; Ord. #209; Ord. #347; New; Ord. #412]
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.
The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the borough shall be as follows:
The provisions of this subsection with respect to the limitation on the number licenses shall not apply to the renewal or transfer of licenses presently issued.
All licenses shall be for a term of one year from July 1 in each year. All license fees shall be paid in advance upon presentation of the application, provided, however, that any licensee who shall voluntarily surrender his license and who shall not have committed any violation of the act, rules or regulations, or of this chapter, and who shall have paid all taxes, set-offs or counter-claims that may have become due to the State of New Jersey, or to the borough, shall be entitled, after deduction of 50% of the fee, as a surrender fee, to the pro rata fee for the unexpired term, provided, however, that licenses may be issued during the fiscal year to expire the June 30 following.
Every applicant for a license under this chapter shall accompany his application with one passport-type photograph, two inches by two inches taken not more than 30 days prior to the date of application. If the applicant be a corporation, there shall accompany its application for a license under this chapter one passport-type photograph, two inches by two inches, taken not more than 30 days prior to the date of application of every stockholder of the corporate applicant holding one or more per cent of the issued and outstanding stock of the applicant corporation. Each applicant, and when the applicant is a corporation, each and every stockholder of the corporate applicant holding one or more percent of the issued stock of the applicant corporation shall be fingerprinted, without charge, under the supervision of the local municipal issuing authority at such time and place as shall be designated from time to time by the local municipal issuing authority. The fingerprints shall be marked "non-criminal" and shall be filed with the local issuing authority.
No licensee shall employ nor have connected in any business capacity with the licensee any person who has been convicted of a crime involving moral terpitude or who has been twice convicted in a Court of criminal jurisdiction of violations of any provisions of Revised Statutes, Title 33. Every person so employed by a licensee or who shall have or is connected in any business capacity with the licensee shall before commencement of his employment or before commencement of his connection in any business capacity with the licensee, shall file with the local issuing authority, one passport-type photograph, two inches by two inches, taken not more than 30 days prior to the date of submission of the photograph to the local issuing authority, and simultaneously every such person shall be fingerprinted, without charge, under the supervision of the local issuing authority at the time and place as shall be designated by the local issuing authority. The fingerprints shall be marked "non-criminal" and shall be filed with the local issuing authority.
[Ord. #67; Ord. #274; Ord. #320; New; Ord. #517]
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 6:00 a.m. except Sundays and New Year's Day each year as hereinafter provided. The hours herein specified shall be according to such time as is then officially in use in the Borough of Union Beach.
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 2:00 a.m. 9:00 a.m.
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 from the hours of 5:00 a.m. and 8:00 a.m. 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 5:00 a.m. and 9:00 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, 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 covered by a plenary or seasonal retail consumption license 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; provided however, that this closing provision shall not apply to bona fide hotels, restaurants, or to clubs as defined in R.S. 33:1-12(5).
No licensee shall be required to remain closed during any day on which a general election, primary election, or special election is being conducted; except on those days or during those hours otherwise prohibited by the provisions of this chapter.
Licensed premises are permitted to sell beer and wine on Sunday.
[Repealed by Ord. #517]
[Ord. #374 ]
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 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. #381; Ord. #517; Ord. 2006-80; Ord. #2009-139]
No person or persons shall consume or possess in any open container, bottle, can, glass, cup or any manner, any alcoholic beverage upon any street, highway, alley, sidewalk, approach, step, beach, or in any public building, public place, except in those establishments where alcoholic beverages are sold for on-premises consumption or within any private meeting hall where entrance is restricted to members or their guests.
Any person violating any provision of this section shall, upon conviction, be fined not less than $200 nor more than $2,000 for each offense. The penalties in this subsection establish a minimum fine for violations of this section supplementary to the general penalties established in subsection 6-8.3 for violations of the provisions of this chapter.
[Ord. #435; Ord. #2006-80]
From and after July 1, 1984, every person, partnership or corporation then or thereafter holding any plenary retail consumption, distribution or club license(s) issued or to be issued in the Borough of Union Beach, and dispensing alcoholic beverage at or from one or more public bars, shall furnish to the police department of the borough, the name and address of each employee of said licensee then or thereafter employed who sells, solicits the sale of, mixes, or processes or prepares any alcoholic beverage at or from any bar and a set of fingerprints of each of said employees taken by or under the supervision of the police department of the borough, one passport type photograph, two inches by two inches, taken not more than 30 days prior to the date of the fingerprinting of said person, and shall reimburse the borough for the reasonable costs incurred in connection therewith, including obtaining a background check of said person.
The police department of the borough shall keep and record the name and address and fingerprints required by subsection 6-8.1 hereof in a book entitled, "Certain Alcoholic Beverage Employee's Non-Criminal Record."
Any person violating any provision of this chapter shall, upon conviction, be subject to a fine not to exceed $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.