[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.
[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.