[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodbury Heights 3-11-63 as Ord. No. 63-2, Ch. 3. Sections 36-5D and 36-13 amended and § 36-17
added at time of adoption of Code; see Ch. 1, General Provisions.
Article I. Other amendments noted where applicable.[1]]
[1]
Editor's Note: Ordinance No. 64-3, adopted 6-11-64, repealed original §§ 3-16 and 3-19 of this ordinance which provided for: A. The prohibition of service of alcoholic beverages to females. B. The right of females to serve alcoholic beverages be limited to the licenses or members of the immediate family of the licensee over the age of twenty-one (21) years, respectively. Ordinance No. 70-6, adopted 10-12-70 repealed original § 3-18, which provided for the prohibition of sale of alcoholic beverages during elections.
This chapter is for the purpose of fixing license fees and regulating
the sale of alcoholic beverages in the borough in accordance with
the provisions of the Revised Statutes of New Jersey pertaining to
alcoholic beverages and in accordance with the rules and regulations
promulgated or to be promulgated by the State Commissioner of Alcoholic
Beverage Control applicable to this chapter and in accordance with
the rules and regulations adopted by the borough not inconsistent
with the laws of the state or rules and regulations of the State Commissioner.
No person shall sell or distribute alcoholic beverages otherwise
than as provided in this chapter or the provisions of the Revised
Statutes of New Jersey relative to alcoholic beverages.
The Mayor and Council of the borough shall constitute the authority
for the administration of the issuance of licenses under this chapter,
provided that no license shall be granted unless a majority of the
Council shall vote to issue the same.
No person shall dispose of or sell any alcoholic beverage within
the borough without first obtaining a license required by this chapter.
All licenses issued under this chapter shall be subdivided and
classified as follows and shall be issued only subject to the payment
of the following license fees required by law:
A.
Plenary retail consumption license. The holder of this license shall
be entitled, subject to all rules and regulations governing the same,
to sell for consumption any alcoholic beverages on licensed premises,
any alcoholic beverage by glass or other open receptacle and to sell
all alcoholic beverages in original containers for consumption off
the licensed premises.[1]
[1]
Editor's Note: The fee provisions were removed at the
request of the borough. Current fee provisions are on file in the
office of the Borough Clerk.
B.
Seasonal retail consumption license. The holder of this license shall
be entitled, subject to all rules and regulations governing the same,
to sell for consumption in licensed premises any alcoholic beverages,
by the glass or other open receptacle, and to sell all alcoholic beverages
in original containers for consumption off the licensed premises during
the term for which such license is issued. The fee for this license
shall be 75% of the plenary retail consumption fee.
D.
Club license. The holder of this license shall be entitled, subject
to all rules and regulations governing the same, to sell only to bona
fide club members and their guests alcoholic beverages intended for
immediate consumption on the licensed premises.[3]
[Amended 6-23-75 by Ord. No. 3-1975]
[3]
Editor's Note: The fee provisions were removed at the
request of the borough. Current fee provisions are on file in the
office of the Borough Clerk.
E.
Limited retail distribution license. No limited retail distribution
license shall be granted within the borough.
[Amended 10-10-66 by Ord. No. 66-11]
F.
Annual fees for renewal of plenary retail consumption licenses and
plenary retail distribution licenses shall be the sum of $2,500 each
per year payable at the time of renewal.
[Added 5-18-05 by Ord. No. 14-2005; amended 3-21-07 by Ord. No. 2-2007]
In authorizing the issuance of the following classes of licenses,
the Borough Council shall limit the same in number to one plenary
retail consumption license and one seasonal retail consumption license.
All licenses issued under this chapter shall be issued for the
term of one year from the first day of July in each year and shall
be subject to and controlled by the provisions of this chapter, the
provisions of the Revised Statutes of New Jersey pertaining to alcoholic
beverages and to such rules and regulations as the State Commissioner
of Alcoholic Beverage Control has now established or may hereafter
promulgate, as well as such other reasonable regulations as the Borough
Council may establish.
The acceptance of any license issued under the provisions of
this chapter on the part of the licensee shall automatically permit
any person designated by the Mayor or Council of the borough to enter
upon and inspect the premises for which licenses are granted under
this chapter at any time during reasonable hours of the day or night.
Any license issued pursuant to this chapter may be suspended
or revoked for violation of any of the provisions of this chapter
or for violation of any of the provisions of the Revised Statutes
of New Jersey pertaining to alcoholic beverages or of any of the rules
and regulations promulgated by the State Commissioner of Alcoholic
Beverage Control.
All buildings for which licenses to sell alcoholic beverages
are issued shall have an entrance upon a public thoroughfare of the
borough.
[Amended 6-11-73 by Ord. No. 73-7 and 10-20-89 by Ord. No. 21-1989]
Alcoholic beverages in the original packaging from the manufacturer,
may be sold at licensed premises during the hours of 9:00 a.m. to
10:00 p.m., Sunday through Saturday. Said hours shall be the prevailing
time whether Eastern Standard time, or Eastern Daylight Savings time.
Alcoholic beverages may be sold or served for consumption at
licensed premises during the hours of 9:00 a.m. to 2:00 a.m., Sunday
through Saturday. Said times shall be the prevailing time whether
Eastern Standard time, or Eastern Daylight Savings time.
It shall be unlawful for any licensee under this chapter to
solicit from house to house, personally or by telephone, for the purchase
of alcoholic beverages; to harbor any criminal, gangster, swindler
or other person of ill repute upon the licensed premises; to permit
fights, brawls or disturbances constituting a public nuisance upon
the licensed premises; to conduct or permit lotteries to be conducted
or the sale of any ticket or participation right in any lottery; or
to engage in or permit bookmaking, gambling or gambling devices on
or about the licensed premises.
[Amended 11-29-89 by Ord. No. 23-1989]
No alcoholic beverages shall be sold, served or delivered to
any person wearing a uniform of the Fire or Police Departments of
this borough.
No person shall be served in a back room or side room which
is not open to the use of the public generally, except that in hotels
guests may be served in their rooms or in private or public dining
rooms, and provided further that this prohibition shall not apply
to club licenses.
No person shall knowingly receive, purchase or procure any illicit
alcoholic beverages within the borough, provided that this section
shall not apply to any person who has been designated by legal authority
to aid in the enforcement of this chapter or of the alcoholic beverage
laws of the state.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
of not more than $500 or imprisonment for a term not to exceed 90
days, or both. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such.
