[1985 Code § 6-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of East Newark 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.S.A. 33:1-1 et seq., and in accordance with the
rules and regulations of the State Director of Alcoholic Beverage
Control.
[1985 Code § 6-2]
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.
[1985 Code § 6-3.1]
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.
[1985 Code § 6-3.2]
All licenses required by this chapter shall be issued by the
Mayor and Council, which shall also administer the provisions of this
chapter.
[1985 Code § 6-3.3]
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.
[1985 Code § 6-3.4; Ord. 2/15/90; amended 12-9-2020 by Ord. No. 15-2020]
The annual fees of licenses for the sale and distribution of
alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License Fee
|
|---|---|
|
Plenary Retail Consumption License
|
$1,250
|
|
Limited Retail Distribution License
|
$100
|
|
Plenary Retail Distribution License
|
$1,250
|
|
Club Licenses
|
$150
|
|
Transfer of License (Person-to-Person or Place-to-Place)
|
$200
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
The provisions of New Jersey's State Limitation Law, as provided
in Chapter 72 of the Laws of 1960 and as the same may be hereafter
amended, shall control the number of and the issuance of plenary retail
consumption licenses and plenary retail distribution licenses.
[1985 Code § 6-4.1]
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 7:00 a.m., except Sundays and New Year's Day each
year as hereinafter provided.
[1985 Code § 6-4.2]
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. and 12:00 noon.
[1985 Code § 6-4.3]
Provisions of subsection 6-4.1 shall not apply on January 1. Alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises at anytime, 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 12:00 noon.
[1985 Code § 6-4.4]
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, 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.
[1985 Code § 6-4.5]
During the hours in which sales of alcoholic beverages are hereinabove
prohibited, the entire licensed premises 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.
[1985 Code § 6-6]
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 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.
[1985 Code § 6-7.1]
Each bartender in the employ of a licensee holding a Plenary
Retail Consumption License in the Borough shall, within 30 days of
the effective date of this section, make full and complete answers
in writing on forms supplied by the Police Department of the Borough
of East Newark to all questions printed thereon as to the identity,
character, previous employment record, and general experience of such
bartender, shall submit to the taking by the Borough Police Department
of an impression of the thumb and fingerprints of each hand, and shall
furnish to the Police Department a photograph of himself in duplicate.
The photograph shall be of a size two inches by two inches, shall
be satisfactory to the Police Department, and shall have been taken
within one year of the date on which it is submitted.
[1985 Code § 6-7.2]
Upon notification by the Borough Clerk to any person that his
application for Plenary Retail Consumption License has been approved,
each bartender to be connected with or employed by the licensee, before
the Borough Clerk shall issue the license, shall make full and complete
answers in writing on forms supplied by the Police Department to all
questions printed thereon as to the identity, character, previous
employment record and general experience of such bartender, shall
submit to the taking by the Police Department of an impression of
the thumb and fingerprints of each hand, and shall furnish to the
Police Department a photograph of himself in duplicate. The photograph
shall be of a size of two inches by two inches, shall be satisfactory
to the Police Department and shall have been taken within one year
of the date on which it is submitted.
[1985 Code § 6-7.3]
The Police Department shall, unless good cause is shown to the
contrary, furnish to the bartender an identification card showing
compliance with the terms of this section, which care shall be maintained
on file on the premises of the licensee so that it may be exhibited
upon demand of proper authority at any time. The card shall remain
at all times the property of the Borough, shall pertain to employment
only on the premises for which it is initially issued, and shall be
returned to the Police Department by the licensee of the premises
for which it is issued at the time of the termination of employment
of the individual whom it identified.
[1985 Code § 6-7.4]
No licensee mentioned in subsection 6-7.1 and 6-7.2 shall employ any bartender unless he shall have complied with all the provisions of this section. No licensee shall employ any new bartender in connection with the licensed premises unless within 24 hours after his employment shall have commenced, he shall have complied with all the provisions of this section and shall have submitted to the licensee the identification card specified above.
[1985 Code § 6-7.5]
The identification card mentioned above shall be revocable by the Police Department for any violations of the regulations and rules of the Division of Alcoholic Beverage Control, and for any good cause which might have caused the Police Department to refuse the issuance of the card under the provisions of subsection 6-7.3.
[1985 Code § 6-7.6]
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as set forth in Section 1-5, and shall be subject to such other penalties as shall be prescribed by the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[Ord. 6/14/1993, § I]
Shall include any person performing, showing, exhibiting,
acting or representing in such a manner or attire as to expose to
view any portion of the pubic area, anus, vulva or genitals, or any
simulation thereof, or any female showing, performing, exhibiting,
acting or representing in such a manner or attire as to expose to
view that portion of the breast referred to as the areola or nipple,
or simulation thereof.
Shall also include any person performing, showing, exhibiting,
acting or representing any dance, episode or musical entertainment
in a lewd or indecent manner so that the average person, applying
contemporary community standards, would find that the work, taken
as a whole, appeals to the prurient interest, or for any performer
to perform, show, exhibit, act or represent any dance, episode or
musical entertainment the purpose or effect of which is to direct
the attention of the spectator to the breasts, buttocks or genital
organs of the performer, whether clothed or unclothed.
[Ord. 6/14/93, § I]
It shall be unlawful for any person to conduct or perform, or
allow to be conducted or performed any nude or nearly nude activity
on or within any premises for which a retail alcoholic consumption
license has been issued.
[Ord. 6/14/93, § I]
Any person convicted of violating the provisions of this section shall be subject to the penalties set forth in Section 1-5 of this revision.
In addition, in the event that a violation of this section occurs,
the Borough of East Newark shall forthwith conduct a hearing pursuant
to N.J.S.A. 33:1-31, to determine whether the liquor license for the
business establishment at which the activity prohibited by this section
occurred shall be suspended or revoked.
In the event a second violation of this section occurs at such
a business establishment within a twelve-month period, the Borough,
after a hearing pursuant to N.J.S.A. 33:1-31, shall revoke such retail
consumption license.
[Ord. 6/14/93, § I]
Any Go-Go bar which operates as a retail liquor establishment
as licensed by the Borough at the effective date of this section is
excluded from this limitation, as to protect the property interests
of those presently operating under a liquor license issued by the
Borough. The exclusion right of existing Go-Go bars is nontransferable
and terminates upon any transfer of the Plenary Retail Consumption
License.
[Ord. 6/14/93, § I]
Upon any violation of any of the provisions of this section
or any provision of any applicable Statute or any of the rules or
regulations of the State Director of Alcoholic Beverage Control, the
privilege of operating a Go-Go bar under a liquor license issued by
the Borough of East Newark shall be revoked. Such revocation proceedings
shall be in conformity with the due process of law requirements as
described in this section.
[Ord. 6/14/93, § I]
a.
Restrictions on Performer's Attire. No plenary retail consumption
licensee shall provide live entertainment activities where the performer
or performers are attired in no more than bikini briefs, or where
female performers attired in no more than bikini briefs and the breasts
covered in such a manner that they remain substantially exposed to
view.
b.
Restrictions on Tipping. No plenary retail consumption licensee shall
provide live entertainment activities where the performer or performers
receive tips or gratuities from the customers by means of the customers
placing such tip or gratuity within or under, or partially within
or under, the performer's costume.
c.
Noise Regulations. No plenary retail consumption licensee shall provide
any entertainment the sounds of or vibrations from which may be heard
or felt outside of the building in which it is located, or if such
building also serves other uses, be heard or felt by the occupier
of such other portion of the building.
[Ord. 6/14/93, § I]
The Chief of Police is hereby authorized and directed to compile
a list of all existing establishments utilizing the services of Go-Go
dancers as of the date of the introduction of this section and that
the list be attached hereto and made a part hereof.[1]
[1]
Editor's Note: The list referred to herein may be found in
the office of the Borough Clerk attached to Ordinance 6/14/93.
[New]
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.
[1985 Code § 6-5.1; New]
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.
[1985 Code §§ 6-5.2, 6-5.3]
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.
[1985 § Code § 6-5.4]
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 license to sell, serve or deliver any alcoholic beverage
to a person under the legal age.
[1985 § Code § 6-5.5]
No person under the legal age shall possess, serve, sell or
consume any alcoholic beverages in any public place within the Borough.
[New]
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, 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 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.
(N.J.S.A. 33:1-8)
