[HISTORY: 1984 Code §§ 35-1—35-9 as
amended through December 31, 2016. Amendments noted where applicable.]
This chapter is adopted to effectively carry out the provisions,
purposes and intent of the Act of the Legislature entitled "An Act
Concerning Alcoholic Beverages," being Chapter 436 of the Laws of
1933, its supplements and amendments (N.J.S.A. 33:1-1 et seq.), as
well as the general rules and regulations, special rulings and findings
from time to time promulgated by the Director of the Division of Alcoholic
Beverage Control of the State of New Jersey.
For the purpose of this chapter, the words and terms used shall
have the meanings accorded them by N.J.S.A. 33:1-1 and by the rules
and regulations from time to time promulgated by the Director of the
Division of Alcoholic Beverage Control of the State of New Jersey.
A.
Laws governing. All applications for licenses under this chapter
and all licenses issued and proceedings held shall be subject to the
Act and the rules and regulations of the State Director.
B.
Issuance.
(1)
No license shall be issued except after written application is presented
by the proposed licensee, on forms approved by the Division of Alcoholic
Beverage Control, and in conformity with publication of notice and
otherwise as required by this chapter.
(2)
No license shall be issued on application for person-to-person transfer
if any violation of local ordinances or of Alcoholic Beverage Control
rules and regulations has not been disposed of by either the Council
or the Division of Alcoholic Beverage Control.
(3)
The Council shall constitute the authority for the administration
of the issuance of alcoholic beverage licenses and shall report the
issuance of all such licenses to the State Director.
C.
Classes of licenses; fees. The classes of licenses for the sale and
distribution of alcoholic beverages in the City and the annual fees
therefor are established as follows:
[Ord. No. 12-1998; Ord. No. 5-2009; Ord. No. 5-2010; Ord.
No. 6-2015]
D.
License required. No person shall sell or distribute alcoholic beverages within the city without having obtained a license in accordance with the Act referred to in Section 35-1 and with the provisions of this chapter.
E.
License term. All licenses shall be for a term of one year from the
first day of July in each year, and all fees shall be paid in advance
in cash or by certified check upon presentation of the application.
[Ord. No. 26-1999; Ord. No. 3-2000; Ord. No.
22-2006; Ord. No. 14-2008; Ord. No. 3-2017]
A.
Plenary Retail Consumption License.
(1)
Weekdays and Saturdays. No alcoholic beverages shall be sold, delivered,
served or consumed in any licensed premises on any day between the
hours of 2:00 a.m. and 7:00 a.m., except Sundays and New Year's Day
each year as hereinafter provided.
(2)
Sundays. Provisions of paragraph A(1) shall not apply on Sundays.
On Sundays, no alcoholic beverages may be sold, served or delivered
to the licensed premises between the hours of 2:00 a.m. and 11:00
a.m.
(3)
New Year's Day. The provisions of paragraphs A(1) and A(2) shall
not apply on January 1. On that day, no alcoholic beverages may be
sold, served, delivered to or consumed on the licensed premises during
the hours of 4:00 a.m. and 7:00 a.m. when it falls on a weekday. When
January 1 falls on a Sunday, alcoholic beverages may not be sold,
served, delivered to or consumed between the hours of 4:00 a.m. and
11:00 a.m.
B.
Plenary Retail Distribution License.
No holder of a retail distribution license shall sell, serve or deliver any alcoholic beverage in original containers directly upon the licensed premises before 9:00 a.m. and after 10 p.m. Monday through Saturday or before 1:00 p.m. and after 10:00 p.m. Sunday, except as set forth in § 35-4C.
C.
Sale of Wine and Malt Alcoholic Beverages in Original Bottle or Can.
A holder of a retail distribution license and/or retail consumption
license is authorized to sell wine and malt alcoholic beverages in
the original bottle or can containers for consumption off premises
on the same days and during the same hours as the sale of alcoholic
beverages for consumption on the premises as noted in paragraph A.,
Plenary Retail Consumption License.
A.
Conduct of premises. No licensee shall allow or permit any disturbance,
lewdness, immoral activity, brawl or unnecessary noise in or upon
the licensed premises or allow or permit the licensed place of business
to be conducted in such a manner as to become a nuisance.
B.
Premises.
(1)
All premises in which alcoholic beverages are sold or distributed,
except those which hold club licenses, shall be above the ground level
and shall be so arranged and lighted sufficiently that a full view
of the interior may be had at all hours from the public thoroughfare
or from adjacent rooms to which the public is freely admitted.
(2)
All customers and other persons not employed by or owners of the licensed premises shall remove themselves from the premises no later than 15 minutes after the time set for excluded hours of sale under Section 35-4. Nothing contained herein shall be construed to extend the time for the sale, service or delivery of alcoholic beverages beyond the time set forth in Section 35-4, it being the intention of this amendment to allow the additional time for consumption of alcoholic beverages sold, served and delivered prior to the excluded hours only.
(3)
No owner and/or operator of an establishment operating under a retail
consumption liquor license shall cause, allow or permit the doors
of his establishment to remain open during illegal hours of sale.
C.
Location restrictions and exceptions.
(1)
Restrictions. No plenary retail consumption license or plenary retail
distribution license shall be issued, or a place-to-place transfer
of an existing license granted, for the sale of alcoholic beverages
upon premises which are within 750 feet of any existing premises licensed
for the sale of alcoholic beverages under another plenary retail consumption
or plenary retail distribution license, the distance being measured
from the nearest entrance of the nearest licensed premises to the
nearest entrance of the premises sought to be licensed in the normal
way that a pedestrian would properly walk, as provided in N.J.S.A.
33:1-76.
(2)
Exceptions. Subsection C(1) above shall not apply in the case of a renewal or person-to-person transfer of any plenary retail consumption license or plenary retail distribution license, which is in existence at the time of the adoption of this chapter.
(3)
Location restriction. No license shall be issued for the sale of
alcoholic beverages within 1,500 feet of any church or public or private
school, except to manufacturers, wholesalers, hotels, clubs and fraternal
organizations, which owned or were actually in possession of the licensed
premises, the 1,500 feet to be measured in the normal way that a pedestrian
would properly walk from the nearest entrance of the church or school
to the nearest entrance of the premises sought to be licensed; provided,
however, that this prohibition may be waived at the issuance or renewal
of the license by the duly authorized governing body or authority
of the school or church, and the waiver shall be effective until the
date of the next renewal of the license; and provided also that this
prohibition shall not apply to the renewal of any license where no
school or church was located within the prohibited distance of the
licensed premises at the time of the issuance of the license, or as
otherwise excepted by the provisions of the Act (N.J.S.A. 33:1-1 et
seq.).
[New]
A.
Presence. No person under the legal age shall be allowed in any premises
where alcoholic beverages are sold or served for consumption on the
premises unless accompanied by his parent or guardian.
B.
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 21 years or to permit a person under twenty-one years (21) years to remain on any premises in violation of Subsection A.
C.
Presumption. Any parent or guardian who accompanies an underage person
into premises in which alcoholic beverages are served and who permits
the underage person to possess or consume alcoholic beverages shall
be presumed to have misrepresented the age of the person under the
legal age.
D.
Notice. All licensees operating premises where alcoholic beverages
are sold or served for consumption on the premises shall keep permanently
displayed within clear view of each entrance to the room in which
the alcoholic beverages are served a sign no less than fourteen by
seventeen (14 × 17) inches in size stating "No minors permitted
in barroom unaccompanied by a parent or guardian."
E.
Any person who shall violate this section shall be deemed and adjudged
a disorderly person and shall be liable to the penalty stated in N.J.S.A.
33:1-81.
No licensee or his employee shall sell, serve or deliver, directly
or indirectly, any alcoholic beverages to any intoxicated person or
person under the legal age, nor permit the consumption of alcoholic
beverages on any licensed premises by any of the above-named persons.
A.
Any license issued under this Article I may be suspended or revoked for violation of any of the provisions of this Article or any of the provisions of the Act or statutes heretofore mentioned or of any of the regulations and rules prescribed by the State Director of the Division of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be in accordance with
the provisions of the Act, by service of a five-day notice of charges
preferred against the licensee, as provided in the Act, and affording
of a reasonable opportunity for a hearing; and such suspension or
revocation shall carry the penalties and prohibitions provided for
in the Act.
[Ord. No. 6-2007]
It shall be unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property.
[Ord No. 6-2007]
As used in this Article II, the following terms shall have the meanings set forth:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
[Ord. No.6-2007]
A.
Any person violating the provisions of this Article II shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250.00 for a first offense and $350.00 for any subsequent offense.
B.
In addition to the fine authorized for this offense, the court may
suspend or postpone for six months the driving privileges of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the court shall forward a report
to the Motor Vehicle Commission stating the first and last day of
the suspension or postponement period imposed by the court pursuant
to N.J.S.A. 40:48-1.2. If a person at the time of the imposition of
sentence is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
C.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by this State, the court shall immediately
collect the license and forward it to the Motor Vehicle Commission
along with the report. If for any reason the license cannot be collected,
the court shall include in the report the complete name, address,
date of birth, eye color and the sex of the person, as well as the
first and last date of the license suspension period imposed by the
court.
D.
The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. A person shall be
required to acknowledge receipt of written notice in writing. Failure
to receive a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
E.
If a person convicted under this Article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresidential driving privilege of the person based on the age of the person and submit it to the Motor Vehicle Commission on the required report. The court shall not collect the license of a nonresident convicted under this Article II. Upon receipt of a report from the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. No. 6-2007]
A.
Nothing contained in this Article II is intended, nor shall it be construed, as prohibiting an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
B.
Nothing contained in this Article II is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or a hotel management program at a county vocational school or post-secondary education institution; provided, however, that this Article shall not be construed to preclude the imposition of a penalty under this Article, N.J.S.A. 33:1-81 or any other section of the law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
