Township of Belleville, NJ
Essex County
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[Ord. #644 § 1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Belleville 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.R.S. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
[Ord. #644 § 2]
For the purpose of this chapter, words and phrases herein shall have the same meanings as in R.S. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[12/26/51; Ord. #1461; Ord. #1851; Ord. #2547; Ord. #2605; Ord. #2885; New]
[Ord. No. 1983]
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.
[Ord. No. 1983]
All licenses required by this chapter shall be issued by the council which shall also administer the provisions of this chapter.
[Ord. No. 1983]
No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the act referred to in section 6-1 and the provisions of this chapter.
[Ord. No. 1983; 12/26/51; Ord. #1851 § 1; Ord. #1461; Ord. #2547; Ord. #2605; Ord. #2885; Ord. No. 3189]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
Class of License
Annual License Fee
Plenary Retail Consumption
$2,500
Plenary Retail Distribution
$2,500
Club License
$188
The provisions of this subsection with respect to the limitation of the number of licenses shall not apply to the renewal or transfer of licenses presently issued. No further club licenses are to be issued in the Township. When any existing club license lapses or becomes void, the number of club licenses shall not increase.
No plenary retail distribution license shall be issued to permit the sale of alcoholic beverages upon any premises in which any other mercantile business is carried on. Nothing shall prohibit the retail sale of distillers and vintners packaged holiday merchandise prepacked as a unit with suitable glassware as gift items to be sold only as a unit, cigars, cigarettes, packaged crackers, chips, nuts and similar snacks, ice, and nonalcoholic beverages as accessory beverages to alcoholic beverages.
[Ord. #653; Ord. #1131; Ord. #1959; Ord. #2003; Ord. #2016; Ord. #2026; Ord. #2062; New]
[Ord. No. 1983; Ord. #1959; Ord. #2003; Ord. #2016; Ord. #2026 § 1; Ord. #2062 § 1]
It shall be unlawful to sell, or offer for sale, or to give away, deliver, serve or consume in or upon any licensed premises, any alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m., except Sundays and New Year's Day each year which days shall be controlled by the provisions of the general ordinances of the Township of Belleville, subsections 6-4.2 and 6-4.3.
[Ord. #1959; Ord. #2003; Ord. #2016; Ord. #2026 § 1; Ord. No. 3435]
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 11:00 a.m.
[Ord. #1959]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be permitted by plenary retail consumption licensees hereunder on each morning of January 1 until 4:00 a.m.
[Ord. #653 § 1; New]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, 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. No uniformed member of the Police or Fire Department shall be served alcoholic beverages, gratuitously or otherwise.
[Ord. #653 § 4; New]
All premises in which alcoholic beverages are sold or otherwise dispensed excepting private clubs to which the public is not admitted shall have reasonable access of light from the public highways. Such premises shall be deemed to have reasonable access of light, when a normal sized adult can on inspection from the exterior view the interior of the licensed premises. During the hours in which sale of alcoholic beverages are prohibited all shades and screens on the licensed premises shall be removed so that a full view of the licensed premises may be had from the public highway.
[Ord. No. 1983]
During the hours 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.
[Ord. #1131 § 2]
a. 
No person owning or operating any restaurant, for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued, shall permit or allow the consumption of alcoholic beverages, other than wine or a malt alcoholic beverage, in a portion of the premises which is open to the public. For the purposes of this subsection, restaurant is defined in accordance with the provisions of subsection 23-5.2 of the Revised General Ordinances of the Township of Belleville.
b. 
No person owning or operating any public place where food or liquid refreshments are sold or served to the general public, other than restaurants as defined herein, and for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued, shall permit, allow or suffer the consumption of any alcoholic beverages at such premises.
c. 
Any person violating any provisions of this subsection is a disorderly person, and the court in addition to such sentence as may be imposed for the disorderly persons violation may, in its discretion, bar any owner or operator violating this act from permitting or allowing the consumption of wine or malt alcoholic beverages in his premises as authorized by this subsection or by other law.
[History: Ord. #1435 § 1; Ord. #2771]
[New; Ord. No. 1983]
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 R.S. 33:1-31 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity of 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. #1640; Ord. #1640A; Ord. #2109]
[Ord. #1640 § 10; Ord. #2109 § 1]
a. 
No plenary retail consumption license, except renewals for the same premises and transfers of licenses from person to person with the same premises, shall be granted, or transfer made to other premises within a distance of 750 feet from any other premises then covered by any other plenary retail consumption license. No plenary retail distribution license, except renewals for the same premises and transfers of licenses from person to person with the same premises, shall be granted, or transfer made to other premises within a distance of 750 feet from any other premises then covered by any other plenary retail distribution license. The local license issuing authority may, in its discretion, grant a transfer of an existing license to the same licensee only, to other premises within 600 feet of the premises from which the transfer is made, notwithstanding the premises to which the license is so transferred is within 750 feet of an existing like license. Such transfer shall be made in good faith and shall inure solely for the benefit of the same licensee.
b. 
Where the 750 feet distance is referred to herein, the same shall be measured in the same manner as required by statute for the measuring of 200 feet relative to schools and churches.
c. 
Notwithstanding the above 750-foot limitation affecting the transfer of any retail plenary consumption or distribution licenses, the local issuing authority, at its discretion may allow transfer of such licenses free of such limitation herein fixed, in the event of any licensee's premises being taken for any municipal, county, State or Federal project. The new location to which the license is to be transferred under this exception shall not be located within a distance of 600 feet of an existing location licensed to do business under a like license as the one being transferred. The 600-foot distance shall be measured in the same manner as herein provided for the measuring of the 750-foot distance. In the event any transfer of a license should be allowed under this exception, then no license shall thereafter be transferred to the premises or any part thereof so vacated by such transfer nor within a radius of 600 feet hereof providing that all other provisions of this section are complied with.
[Ord. #1640 § 10]
In the event any license holder shall present to the Township Board of Alcoholic Beverage Control a situation setting forth that the provisions hereof will create extreme hardship, the Township Council may, in its sole discretion, make such ruling as it may deem proper despite this section.
[Ord. #1640 § 10A]
Every applicant for a transfer from place to place shall place, at least five days prior to newspaper publication a second notice of application, on or about the premises sought to be licensed, in full view of the street, a sign which shall be worded the same as the newspaper notice, each letter to be not less than two inches high and of proportionate widths. If the applicant is a corporation the names of only the president, vice-president, secretary and treasurer need appear upon the sign. Such sign shall be so maintained until the granting or denial of the application by the local issuing authority. Proof of the installation of such sign shall be made to the local issuing authority by affidavit of the applicant setting forth the wording of the sign, the address of the premises sought to be licensed, the place of installation of the sign, the date on which the sign was erected and stating that the sign will be maintained pending disposition of the application. The above proof shall be filed with the local issuing authority at the time of the hearing on the application.