[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; amended 9-11-2018 by Ord. No. 3499]
a. No new license or transfer of existing plenary retail distribution
license, plenary retail consumption license or club license for the
sale of alcoholic beverages shall hereafter be issued for or transferred
to premises within 500 feet of premises for which a plenary retail
distribution license, plenary retail consumption license or a club
license for the sale of alcoholic beverages is outstanding. This limitation
shall not prevent the renewal or person-to-person transfer of a license
for premises licensed when this section becomes effective.
b. Notwithstanding the above-mentioned provisions, the Municipal Council
of the Township of Belleville may authorize the transfer and waive
the above-mentioned prohibition upon the filing by the applicant of
an appeal to the Council with the place-to-place transfer application,
consisting of a twelve-page application, and an affidavit setting
forth with particularity the reasons which the applicant believes
warrant the relaxation of the said 500-foot-distance requirement.
Said affidavit form shall be sworn to by a notary public of New Jersey.
c. The aforesaid 500 feet as set forth above shall be measured in the
normal way that a pedestrian would properly walk from the nearest
entrance of the licensed premises to the nearest entrance of the premises
sought to be licensed. In the event that a dispute exists regarding
whether or not the distance is 500 feet, then the distance shall be
measured by the Code Enforcement Office of the Township, and the result
of said measurement shall be binding upon the applicant for purposes
of this section.
[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.