[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.