[Editor's Note: See also Section 3-3, Consumption or Possession of Alcoholic Beverages in Open Containers on Public or Private Property, and Section 3-4, Possession or Consumption of Alcoholic Beverages by Persons Under the Legal Age on School Property, Public Conveyance or Public Place.]
[Ord. No. 04-30]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Tenafly in accordance with the provisions of an Act of the 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 State Director of Alcoholic Beverage Control.
[Ord. No. 04-30]
For the purpose of this chapter, the 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.
[Ord. No. 525 § 6]
All applications for licenses, all licenses issued or revoked, 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. No. 525 §§ 9, 10; Ord. No. 1001 § 3; Ord. No. 04-30]
All licenses required by this chapter shall be issued by the Mayor and Borough Council, which shall also administer the provisions of this chapter.
[Ord. No. 04-30]
No person shall sell, distribute or transport alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter.
[Ord. No. 525 §§ 2, 3; Ord. No. 830 §§ 1, 2; Ord. No. 848 §§ 1, 2, 3; Ord. No. 982 §§ 1, 2, 3; Ord. No. 1157 § 1; Ord. No. 91-06 § 1; Ord. No. 94-05 § 1; Ord. No. 97-05 § 1; Ord. No. 04-30]
The annual license fees of licenses for the sale and distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
Annual License Fees
Plenary Retail Consumption License
$2,000
Plenary Retail Distribution License
$1,650
Club License
$150
[Ord. No. 525 § 2; Ord. No. 830 § 1; Ord. No. 848 § 1; Ord. No. 982 § 1; Ord. No. 1157 § 1; Ord. No. 91-06 § 1]
The holder of a Plenary Retail Consumption License shall be entitled, subject to the rules and regulations prescribed by the State Division of Alcoholic Beverage Control or the Mayor and Borough Council, to sell for consumption on the licensed premises any alcoholic beverages by glass or other open receptacle, and also to sell alcoholic beverages in original containers for consumption off the licensed premises.
[Ord. No. 525 § 2; Ord. No. 830 § 2; Ord. No. 848 § 2; Ord. No. 982 § 2; Ord. No. 1157 § 1; Ord. No. 91-06 § 1]
The holder of Plenary Retail Distribution License shall be entitled, subject to rules and regulations prescribed by the State Division of Alcoholic Beverage Control or the Mayor and Borough Council, to sell any alcoholic beverages in original containers only, for consumption off the premises.
[Ord. No. 525 § 2; Ord. No. 848 § 3; Ord. No. 04-30]
The holder of a Club License shall be entitled, subject to rules and regulations prescribed by the State Division of Alcoholic Beverage Control or the Mayor and Borough Council, to sell only to bona fide club members and their guests, alcoholic beverages intended for immediate consumption on the licensed premises.
a. 
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.
b. 
Each application for a Club License shall set forth the names and addresses of all officers, trustees, directors or other governing officials.
[Ord. No. 525 § 2; Ord. No. 1157 § 1; Ord. No. 04-30]
The holder of a Limited Retail Distribution License shall be entitled, subject to the rules and regulations prescribed by the State Division of Alcoholic Beverage Control or the Mayor and Borough Council, to sell, for consumption off licensed premises, but only in original containers, any unchilled brewed malt alcoholic beverages in quantities of not less than 72 fluid ounces.
[Ord. No. 525 § 5]
Every applicant for a license shall cause a notice of intention to make such application to be published in accordance with the rules and regulations prescribed by the Division of Alcoholic Beverage Control of the State of New Jersey.
[Ord. No. 04-30]
All applications for licenses shall set forth, in full, answers to questions prescribed by the aforesaid Act, and by the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control, and shall include declarations called for by these provisions.
[Ord. No. 525 § 10; Ord. No. 1001 § 3; Ord. No. 04-30]
Licenses shall not be transferable.
When any license is issued it shall be issued to the persons applying therefor. The word "person" as herein used shall be deemed to mean any natural person or association of natural persons, association, trust company, partnership, corporation, organization, or the manager, agent, servant, officer, or employee of any of them.
A separate license shall be required for each specific place of business, and each license shall be effectual only for the licensed premises mentioned therein; provided, however, that upon an application for a transfer in the same manner as for an original application, and upon publication of intention to transfer in the same manner as in the case of an original application, the Borough Council may issue a transfer of such license to a different place of business by endorsing such permission upon such license, and upon payment of a fee.
[Ord. No. 525 § 4]
All licenses shall be for a term of one year beginning July 1 in each year; provided, however, that the respective fees charged for any such license shall be prorated according to the date of such license and based on the respective annual fee.
[Ord. No. 525 § 16]
All persons employed in dispensing alcoholic beverages in an establishment licensed under a Plenary Retail Consumption License shall be registered at the Office of the Health Officer.
[Ord. No. 96-03 § 1]
Holders of Plenary and Retail Consumption Licenses and Club Licenses shall sell, serve, deliver or allow, permit or suffer the sale, service, or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverages on licensed premises only during the following specified hours:
a. 
On Monday through Thursday between 7:00 a.m. and 1:00 a.m. of the next day.
b. 
On Friday between 7:00 a.m. and 2:00 a.m. of the following Saturday morning.
c. 
On Saturday between 7:00 a.m. and 2:00 a.m. of the following Sunday morning.
d. 
On Sunday between 12:00 noon and 1:00 a.m. the following Monday morning; provided, however, that for Christmas Eve, December 24th, and New Year's Eve, December 31st, closing time shall be 3:00 a.m., irrespective of whether Christmas Day or New Year's Day is a weekday or Sunday.
[Ord. No. 96-03 § 1; Ord. No. 2016-01]
Holders of Plenary Retail Distribution Licenses shall be permitted to sell or deliver or allow, permit, or suffer the sale or delivery of any alcoholic beverage, at retail, in its original container for consumption off the licensed premises only during the following specified hours:
a. 
On Monday through Saturday between 9:00 a.m. and 10:00 p.m.
b. 
On Sunday between 12:00 noon and 10:00 p.m.
[Ord. No. 96-03 § 1]
Whenever the sale of alcoholic beverages for consumption on-premises and off-premises, or either thereof, is authorized by the holder of a Plenary Retail Consumption License, the sale by such licenses of malt alcoholic beverages in original bottle or can containers for consumption off-premises is permitted on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises is permitted.
[Ord. No. 525 § 8; Ord. No. 1001 § 2; Ord. No. 1009 § 1; Ord. No. 1176 § 1; Ord. No. 1215 § 1; Ord. No. 96-03 § 1]
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 with the following exceptions:
a. 
This closing of premises requirement shall not apply to bona fide hotels, to restaurants as defined in N.J.S.A. 33:1-1(t), or to clubs as set forth in N.J.S.A. 33:1-12(5) and State Regulation No. 7.
b. 
During the time when the sale, service, delivery or allowance or consumption of any alcoholic beverages is prohibited on licensed premises, no person shall be admitted or remain on the premises other than the owner, his employees or contractors performing repair or maintenance work. Licensees at their option may announce "Last Call" 15 minutes prior to closing time in order to assist them in removing all customers at the specified closing hour. Failure to have customers out at closing time shall be considered a violation of this section.
[Ord. No. 525 § 18]
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. No. 525 § 12]
The holder of a Plenary Retail Consumption License must actually be in charge of the management and direction of the business conducted under such license, and all purchases for the business carried on under such license must be made in the name of the licensee.
[Ord. No. 525 § 11]
No license shall hereafter be granted for any premises when the Mayor and Borough Council shall decide that the location applied for is too close to premises wherein business is carried on under an existing license; provided, however, that this shall not prevent the issuance of renewals of licenses to those presently holding licenses for their present premises or to those to whom licenses for presently existing licensed premises shall be duly transferred.
[Ord. No. 525 § 13]
No alcoholic beverages shall be sold for consumption on the premises in any room to which the public is not freely admitted, nor where the room has a floor space of less than 300 square feet on entire floor.
[Ord. No. 525 § 14]
All premises in which alcoholic beverages are sold, distributed or dispensed shall be sufficiently lighted at all times to give a full view of the interior from the public thoroughfare or from the entrance through which the public is admitted, or from the ground outside of and immediately adjoining the premises, to which free and open access may be had at any time by any person desiring same. There shall be no obstruction to such view higher than 4 1/2 feet above the sidewalk level, or the level of the approach immediately adjacent to any entrance through which the public is admitted or the level of the ground outside of and immediately adjoining the premises.
[Ord. No. 525 § 15]
All premises upon which alcoholic beverages are sold under a Plenary Retail Consumption License shall be furnished, supplied or equipped with separate toilets for men and women, which shall meet the approval of the Health Officer.
[Ord. No. 525 § 17]
Advertisements, announcements or events of the character of "All the beer you can drink for $1" or of similar character are prohibited.
[Ord. No. 04-30]
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 Beverages 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.
[1]
Editor's Note: See Chapter 3, Section 3-4 for prohibitions on consumption of alcoholic beverages on school property or a public conveyance or in a public place.
[Ord. No. 04-30]
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.
[Ord. No. 04-30]
It shall be unlawful for a person under the legal age 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.
[Ord. No. 04-30]
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.
[Ord. No. 04-30]
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.
[Ord. No. 525 § 21; Ord. No. 04-30]
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof and in accordance with N.J.S.A. 33:1-81, P.L. 1985, c. 113, 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 the 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 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 the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.