[Ord. No. 81 § 1;
New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Woodbine in accordance with
the provisions of an Act of 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.
[New; Ord. No. 520-2010]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as contained in N.J.S.A. 33:1-1 et seq.,
and N.J.A.C. 13:2-8.1 et seq., as well as the Rules and Regulations
of the Director of the Division of Alcoholic Beverage Control.
[New]
All applications for license, 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 of the United States.
[New]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
No person shall sell or distribute alcoholic beverages within the Borough of Woodbine without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[Ord. No. 520-2010]
a.
All club licenses shall be issued in accordance with N.J.A.C. 13:2-8.1
et seq.
b.
Bona Fide Clubs. Club licenses shall be issued only to bona fide
clubs as defined herein.
c.
Except as provided in N.J.A.C. 13:2-8.5, no club license shall be
issued to any club unless it shall have been in active operation in
the State of New Jersey for at least three years continuously immediately
prior to the submission of its application for a license. Further,
no club license shall be issued to any club unless it shall have been
in exclusive possession and use of a clubhouse or club quarters for
at least three years continuously immediately prior to its submission
of its application for a license.
d.
Exceptions to Eligibility Requirements.
1.
A bona fide club which has been in active operation in this State
for the period of time required as aforementioned but which has been
deprived of continuous possession and use of its clubhouse or club
quarters by reasons of foreclosure, loss of lease, eminent domain,
fire, casualty or other removal for a cause other than a violation
of laws of this State or of the Borough of Woodbine shall not be prevented
thereby from obtaining a club license upon presenting to the satisfaction
of the Council and Mayor of the Borough of Woodbine, proof of said
facts and proof that possession of suitable premises has been obtained.
2.
Any constituent unit, chartered or otherwise, duly enfranchised chapter
or member club of a national or State order, organization, or association
which is in possession of suitable premises, shall not be prevented
from obtaining a club license by reason of the fact that the unit,
chapter or member club has not been in active operation in this State
for at least three years continuously or has not been in exclusive
continuous possession and use of a clubhouse or club quarters for
the same period of time, provide said unit, chapter or member club,
obtains from the Director, and presents to the Mayor and Council of
the Borough of Woodbine at or before the issuance of the license,
a certificate stating that satisfactory proof has been submitted to
the Director that said unit, chapter or member club has been duly
credentialed by a national or State order, organization or association,
which has been in active operation in this State for at least three
years continuously immediately prior to submission of the application
for a license.
3.
Nothing contained in N.J.A.C. 13:2-8.3 or 8.4 shall prevent the issuance
of a club license to a bona fide club provided that special cause
for such issuance is shown in writing to the Director and provided
that the Director's written approval of such issuance is first obtained.
e.
Qualifications of Officers and Members.
1.
No club license shall be issued nor renewal granted to any corporation,
association or organization in which an officer or member of the governing
body has been convicted of a disqualifying offense pursuant to New
Jersey Statutes, Title 33 unless the statutory disqualification resulting
from such conviction has been removed by order of the Director. Application
for removal of the disqualification may be made by verified petition
to the Director when the unlawful situation is corrected.
2.
No application shall be approved or renewed unless the Mayor and
Council of the Borough of Woodbine affirmatively finds and reduces
to resolution that:
(a)
The submitted application form is complete in all respects including
the requirements of N.J.A.C. 13:2-8.7;
(b)
The officers and directors of the applicant club are qualified
to be licensed according to all standards established by Title 33
of the New Jersey statutes, regulations promulgated thereunder as
well as pertinent ordinance of the Borough of Woodbine or conditions
consistent with Title 33;
(c)
The club maintains all records required pursuant to N.J.A.C.
13:2-8.7 and 8.8; and
(d)
The officers and directors of the applicant club have certified,
on a form prescribed by the Director, that they have read and understand
all legal responsibilities pertaining to the operation of a club license.
f.
Club Member List Requirement and Club Charter.
1.
A written or typewritten list containing the names and addresses
of all members of the club as of the date of filing a club license
application shall be submitted with the initial application as well
as with each subsequent renewal application. No club license shall
be renewed unless the club consists of at least 60 members at the
time of initial application or renewal. The charter or articles of
association of the club shall also be presented for inspection or
certified copy of the same submitted with the initial application.
2.
Nothing in this section shall prevent the renewal of a license to
a club not qualified by reason of lack of requisite number of members,
provided that special cause of such renewal is shown in writing to
the Director and further provided that the Director's written approval
for such renewal is first obtained.
g.
Sales Restricted to Club Members.
1.
No club licensee shall sell, serve or deliver, or allow, permit or
suffer the sale, service or delivery of any alcoholic beverage to
any person not a bona fide member of the club or a bona fide guest
of such member.
2.
All club licenses shall have and keep on the licensed premises a
true record, on a form prescribed by the Director of all scheduled
dinners, luncheons, receptions, dances, parties, catered events and
similar affairs held at the club licensed premises and attended by
non-club members.
3.
No club licensee shall allow, permit or suffer any such affair to
be held at the club licensed premises at which any charge is made
to a non-club member or non-bona fide guest in connection with the
affair, whether the charge by a direct one for drinks, imposed through
the sales of tickets or charging of admission, requiring donation
or special assessments, or where the charge is made ostensibly for
food, entertainment or anything else unless a special permit is first
obtained from the Director.
h.
Sale for On-Premises Consumption Only. No club licensee shall sell,
serve or deliver or allow, permit or suffer the sale, service or delivery
of any alcoholic beverages in original containers for off-premises
consumption.
i.
Hours of Permissible Sale and Consumption. No club licensee shall
sell, serve or deliver, or allow, permit or suffer the sale, service,
delivery or consumption of any alcoholic beverage on the licensed
premises during hours or on days when plenary or seasonal retail consumption
licensees in the Borough of Woodbine are prohibited from such activity
by Borough Ordinance.
j.
Social Affairs Permittees. No club licensee shall sell, serve or
deliver any alcoholic beverages to the holder of any special permit
authorizing sale of alcoholic beverages at a social affair to be conducted
by a permittee other than the club licensee itself, or to any person
attending such social affair on the club licensed premises unless
such person is, in fact, a bona fide member of the licensee-club or
a bona fide guest of such members.
k.
Advertising Prohibition. No club licensee shall advertise, directly
or indirectly or allow, permit or suffer any advertising to non-club
members the availability of alcoholic beverages at its licenses premises;
provided, however, that the prohibition herein shall not apply to
the holder of any special permit issued by the Director and authorizing
the sale of alcoholic beverages at a social affair to be conducted
at the club's licenses premises, with respect to such particular affair
providing the social affair permit number is indicated in the advertisement.
l.
Violations. A club license holder must comply with not only the rules
set forth herein, but with all the relevant provisions applicable
to retail licenses. In disciplinary proceedings brought pursuant to
the alcoholic beverage law, it shall be sufficient, in order to establish
the guilt of the club licensee, to show the violation was committed
by an agent, servant or employee of the club licensee or a member
of the club. The fact that the licensee did not participate in the
violation or that its agent, servant, employee or member acted contrary
to the instructions given to him by the club licensee or that the
violation did not occur in the presence of the licensee's agent, servant,
employee or member shall constitute no defense to the charges preferred
in such disciplinary proceedings. All disciplinary proceedings shall
be brought in accordance with N.J.A.C. 13:2-19 et seq., as well as
the rules and regulations of the Director of the Division of Alcoholic
Beverage Control which shall be adopted herein in their entirety.
[Ord. No. 81 § 2; Ord. No. 124; Ord. No.
241 § 2; Ord. No. 478-2006; Ord. No. 520-2010]
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
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,500
|
3
|
|
Plenary Retail Distribution License
|
$1,866.25[1]
|
1
|
|
Club License
|
$188
|
As governed by N.J.S.A. 33:1-12
|
|
The limitations imposed hereby shall be subject in all respects
to the laws of the State of New Jersey regarding the sale of alcoholic
beverages.
| ||
[1]
Editor's Note: Pursuant to Ordinance No. 478-2006, these fees
shall be increased by 20% annually until the maximum fee of $2,500
is attained.
[New]
No license shall be issued except after written application
presented by the proposed licensee, upon forms provided by the Division
of Alcoholic Beverage Control, and after conformity with publication
of notice and otherwise, as required by the Act.
[Ord. No. 81 § 3; Ord. No. 87; Ord. No. 124; Ord. No. 189; Ord. No. 197; Ord. No.
204; Ord. No. 221; Ord. No. 241; Ord. No. 250; Ord. No. 335]
a.
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.
b.
All license fees shall be paid in full upon filing application, to
the Borough Clerk in cash or by certified check to the order of the
Borough of Woodbine, New Jersey, and all such receipts shall be turned
over by the Borough Clerk when and as received, to the Borough Treasurer.
c.
The Borough Clerk is hereby designated as the proper person to sign
all the licenses on behalf of the Borough Council.
[Ord. No. 81; Ord. No. 200; New]
No licensee shall sell, serve or deliver or allow, or permit
the sale, service, or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on a licensed premises on
weekdays between 1:00 a.m. and 9:00 a.m. of the following weekday
mornings, Mondays through Fridays.
The above mentioned hours shall be construed to mean Eastern
Standard Time or Eastern Daylight Savings Time, whichever time shall
be in effect within the Borough.
On Saturdays, no licensee shall sell, serve or deliver or allow,
or permit the sale, service or delivery of any alcoholic beverage
or permit the consumption of any alcoholic beverage on a licensed
premises between 2:00 a.m. and 9:00 a.m.
[New]
No licensee shall sell, serve, deliver, or allow, or permit
the sale, service and delivery or consumption of any alcoholic beverage
on a Sunday between the hours of 2:00 a.m. and 12:00 noon.
[Ord. No. 81; Ord. No. 200; New]
No licensee shall sell, serve, deliver, or allow, or permit
the sale, service or delivery of any alcoholic beverage or allow the
consumption of any alcoholic beverage upon the licensed premises on
New Year's Day of each year when it is a weekday between the hours
of 4:00 a.m. and 9:00 a.m. if it is a weekday or between the hours
of 4:00 a.m. and 12:00 noon if New Year's Day falls on a Sunday.
[Ord. No. 373-1994 §§ 2,
3]
a.
A plenary retail consumption or plenary retail distribution licensee
may commence sales of wine and/ or malt beverage packaged goods on
any weekday, including Saturday and Sunday, at 7:00 a.m.
b.
A plenary retail consumption or plenary retail distribution licensee
may commence the sale of spirituous liquor package goods on any weekday,
including Saturday and Sunday, at 9:00 a.m.
[New]
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.
[New]
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee.
[Ord. No. 81 § 5]
a.
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 and Regulations of the
State's Director of Alcoholic Beverage Control.
b.
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 charge against
the licensee and affording a reasonable opportunity for a hearing
before the Borough Council.
c.
Suspension
or revocation of a license shall be in addition to any other penalty
which may be imposed for a violation of the provisions of this chapter.
[New]
It shall be unlawful for a person under the legal age while
in any premises licensed for the sale of alcoholic beverages to purchase,
consume or have served or delivered to him or her any alcoholic beverages.
A minor may enter any licensed premises in the regular pursuit of
his business, trade, or occupation.
[New]
It shall be unlawful for a person under the legal age to purchase,
attempt to purchase or have another purchase for him or her any alcoholic
beverages.
[New]
It shall be unlawful for any person under the legal age to misrepresent
or misstate his or her age for the purpose of inducing any licensee
or any employee of any licensee or any person acting in behalf of
any licensee to sell, serve or deliver any alcoholic beverages to
him or her.
[New]
No person shall invite or induce any person under the legal
age to be served with or have in his or her possession any alcoholic
beverage.
[New]
It shall be unlawful for:
a.
A person under the legal age for purchasing alcoholic beverages 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; or
b.
A person under the legal age for purchasing alcoholic beverages 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 any alcoholic beverage; or,
c.
Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his
age have the right to purchase and consume alcoholic beverages.
|
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, shall be punished by a fine of not less than $100. 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. 33:1-81)
|
