[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 1-7-1959.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Board of Alcoholic Beverage Control — See Ch. 9.
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 24, Sections 24.01 through 24.10 and 24.12, of the former Revised Ordinances of the City of Hoboken, adopted 1-7-1959 by Ord. No. 123.
This chapter is for the purpose of fixing license fees and regulating the sale, service, consumption and distribution of alcoholic beverages in the City of Hoboken, in accordance with the provisions of N.J.S.A. 33:1-1 to 33:1-78, the rules and regulations of the Director of the Division of Alcoholic Beverage Control of the State of New Jersey applicable thereto and the rules and regulations adopted by competent municipal authority.
It shall be unlawful to sell, serve, distribute or permit the consumption, sale, service or distribution of alcoholic beverages otherwise than as provided in this chapter and N.J.S.A. 33:1-1 to 33:1-78.
The Alcoholic Beverage Control Board of the City of Hoboken or such other body or board to whom the power to act in the premises may be vested by state law or by action of the governing body of the City of Hoboken shall constitute the municipal issuing authority for the administration of the provisions of N.J.S.A 33:1-1 to 33:1-78 under this chapter.
[Amended 7-16-1969 by Ord. No. 325; 6-17-1994 by Ord. No. R-50; 6-29-1994 by Ord. No. R-54; 11-2-1994 by Ord. No. R-87; 6-7-1995 by Ord. No. R-127; 12-6-1995 by Ord. No. R-158; 5-15-1996 by Ord. No. R-187; 6-5-1996 by Ord. No. R-188; 5-21-1997 by Ord. No. R-244; 5-20-1998 by Ord. No. R-314; 6-2-1999 by Ord. No. R-385; 6-7-2000 by Ord. No. R-442; 5-2-2012 by Ord. No. Z-180; 7-11-2012 by Ord. No. Z-191]
A. 
No licensee shall serve, deliver or allow, permit or refer the sale, service or delivery of any alcoholic beverages or allow or permit the consumption of any alcoholic beverage on the licensed premises on:
(1) 
New Year's Day, when it is a Sunday, between the hours of 5:00 a.m. and 11:00 a.m., and on New Year's Day, when it is any day other than a Sunday, between the hours of 5:00 a.m. and 6:00 a.m.;
(2) 
Any day for which Hoboken City Hall is designated, in writing, as closed due to a holiday, between the hours of 3:00 a.m. and 6:00 a.m.;
(3) 
Any other Sunday, between the hours of 3:00 a.m. and 10:00 a.m., except:
[Amended 12-20-2017 by Ord. No. Z-530; 7-10-2019 by Ord. No. B-156; 11-2-2022 by Ord. No. B-501]
(a) 
In those years that Christmas Eve (December 24) and New Year's Eve (December 31) fall on a Sunday, plenary distribution licensees may also sell and deliver alcoholic beverages for consumption off of their premises between the hours of 9:00 a.m. and 11:00 a.m.; and
(b) 
During the men's or women's FIFA World Cup soccer competitions, the ABC Board may authorize bars and restaurants with Type 33 alcoholic beverage control licenses to be open and sell alcoholic beverages for longer than the regular hours delineated herein, subject to the following conditions:
[Amended 7-24-2023 by Ord. No. B-585]
[1] 
Establishments must close at the regularly ordained time, but may reopen and start serving alcohol at the time permitted by the ABC Board, but not earlier than at 5:00 a.m., on days when a World Cup game is being played, starting after the qualifying rounds. The specific days and times that the establishment seeks to extend its hours must be specified on an application submitted to the ABC Board Secretary as further detailed herein.
[2] 
The ABC Bureau of the Hoboken Police Department and the Administration shall recommend rules and regulations to the ABC Board for adoption on a yearly basis (in years when the World Cup is held) as determined to be reasonable based upon the location of the World Cup and the timing/schedule of the games for that year. These rules and regulations shall include the specific permissible extended hours for that year and any further rules or regulations determined to be necessary to ensure public safety and minimize disruptions during this time.
[3] 
Any bars/restaurants with Type 33 alcoholic beverage licenses which seek to participate in the extended hours must pay a $100 registration fee and submit an application to the ABC Board Secretary, which will certify that the establishment is aware of the regulations contained in this chapter and any further rules or regulations as promulgated by the ABC Board, and will specify the specific dates and times the establishment plans to extend its hours.
[4] 
Between the hours of 5:00 a.m. and 10:00 a.m., patrons will only be permitted indoors, and external noise shall be limited to televisions displaying only the World Cup Soccer tournament. No music shall be played during this time.
[5] 
No queuing or idling is permitted outside of the establishment between the hours of 5:00 a.m. and 11:00 a.m.
[6] 
No outdoor viewing setup shall be permitted.
[7] 
Any violation of the herein regulations or any further regulations promulgated by the ABC Board shall cause the establishment's permission to extend its hours to be revoked immediately without notice.
(4) 
Any other Saturday, between the hours of 3:00 a.m. and 6:00 a.m.;
(5) 
Any other Monday, Tuesday, Wednesday, Thursday or Friday, between the hours of 2:00 a.m. and 6:00 a.m.
B. 
No licensee of an establishment that chooses to serve alcoholic beverages shall permit patrons to enter the premises after 2:00 a.m. in the morning on Saturday and/or Sunday. The provisions of this subsection shall not apply to those licensees that choose not to serve alcoholic beverages after 2:00 a.m. in the morning on Saturday and/or Sunday. Those licensees that choose to make this election must notify the City Clerk by August 1 of each year of their election. This election shall be effective for a one-year period.
C. 
A licensee of an establishment that chooses to serve alcoholic beverages shall impose a closing time of 3:00 a.m. in the morning on Saturday and/or Sunday and 2:00 a.m. in the morning on all other days. The provisions of this subsection shall not apply to those licensees that choose not to serve alcoholic beverages after 2:00 a.m. in the morning on Saturday and/or Sunday. Those licensees that choose to make this election must notify the City Clerk by August 1 of each year of their election. This election shall be effective for a one-year period.
[Amended 12-1-1982 by Ord. No. C-232; 7-2-1986 by Ord. No. V-53; 2-6-1991 by Ord. No. P-125; 9-18-1991 by Ord. No. P-154; 8-12-1992 by Ord. No. P-188; 10-20-1993 by Ord. No. R-9; 3-15-1995 by Ord. No. R-115; 3-17-2010 by Ord. No. Z-31]
The fees for licenses issued under the provisions of N.J.S.A. 33:1-1 to 33:1-78 shall be as follows:
License
Fee
Plenary retail consumption license
$2,400 per annum
Plenary retail distribution license
$2,400 per annum
Club license, including renewal
$180 per annum
Person-to-person transfer
Person-to-person and location
$480
It shall be unlawful for any person to conduct, within the City of Hoboken, any store or other place of business catering to public patronage wherein alcoholic liquors are sold or offered for sale, for consumption upon such store or other place of business, or to sell or offer for sale such alcoholic liquors in bottles, packages or containers to be carried from such store or other place of business, for consumption or other use elsewhere, if such store or other place of business shall be used in whole or in part in combination or conjunction with a business commonly known as a "drugstore," "apothecary" or "pharmacy" wherein drugs or articles of a medicinal nature are sold, offered for sale, compounded or dispensed; and no alcoholic liquors shall be sold or offered for sale or dispensed in a drugstore, apothecary or pharmacy by a druggist, pharmacist or apothecary or by anyone in the employ of a druggist, pharmacist or apothecary, other than such alcoholic liquors as shall be employed or used in compounding with other nonalcoholic ingredients prescribed by a physician duly licensed and registered under authority of the laws of the State of New Jersey on what is commonly known as a "prescription blank."
[Added 4-3-1991 by Ord. No. P-138; amended 4-1-1992 by Ord. No. P-181; 5-15-1996 by Ord. No. R-187; 12-3-2014 by Ord. No. Z-321; 5-20-2015 by Ord. No. Z-351; 7-5-2017 by Ord. No. Z-509; 9-19-2017 by Ord. No. Z-517]
A. 
Except as set forth in Subsection F of this section, no plenary retail consumption license without broad package privileges (License Type 33), except renewals for the same licensed premises and transfers of license from person to person within the same premises, shall be granted or transfer made to other premises within a distance of 500 feet from any other premises then covered by a plenary retail consumption license without broad package privileges (License Type 33). Should a license held by a restaurant be transferred to another location for use as a tavern, the restriction promulgated herein shall apply.
B. 
No plenary retail consumption license with broad package privileges (License Type 32), except renewals for the same licensed premises and transfers of license from person to person within the same premises, shall be granted or transfer made to other premises within a distance of 500 feet from any other premises then covered by a plenary retail consumption license with broad package privileges (License Type 32). There shall be no exceptions to this restriction. Should a license held by a restaurant be transferred to another location for use as a tavern, the restriction promulgated herein shall apply.
C. 
No plenary retail distribution license, except renewals for the same premises and transfers from person to person, shall be granted or transfer made to other premises within a distance of 500 feet from any other premises then covered by a plenary distribution license.
D. 
Where the five-hundred-foot distance is referred to in this section, the same shall be measured by a distance from the center of the entrance door of an existing tavern to the center of the entrance door of a proposed licensed premises as measured by walking along the sidewalk from point to point without any diagonal crossing of streets. If it is necessary to cross a street, such steps are to be taken at the lawful crosswalks in a direct manner. The local license issuing authority may, in its discretion, grant a transfer of an existing license to the same licensee to other premises within 250 feet of the premises from which the transfer is made, notwithstanding that the premises to which the license is so transferred is within 500 feet of an existing plenary retail consumption licensed premises, and grant transfer of such license free of such five-hundred-foot limitation herein fixed in the event of any licensed premises being taken by condemnation for any municipal, county, state or federal project; provided, nevertheless, that the new location to which the license is to be transferred under this exception shall not be located within a distance of 250 feet of a then-existing location licensed to do business under a like license as the one being transferred. Said two-hundred-fifty-foot distance shall be measured in the same manner as herein provided for the measuring of the five-hundred-foot distance. In the event that any transfer of a license should be allowed under this exception, then and in that event no license shall thereafter be transferred to the premises or any part thereof so vacated by such transfer, nor within a radius of 250 feet thereof; provided, however, that all other provisions of this chapter and applicable law relating thereto are complied with.
E. 
"Restaurant," as defined in this section, shall mean an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food for its customers and in which no other business, except such as is incidental to such establishment, is conducted and where such premises shall conform to local and state fire and health codes.
F. 
The following are exceptions to the five-hundred-foot rule prohibition set forth in Subsection A above:
(1) 
The prohibition shall not apply to the Southern Redevelopment Area as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map."[2] However, in said area, the number of plenary retail consumption licenses shall be limited to seven.
[2]
Editor's Note: Said map is on file in the office of the City Clerk.
(2) 
The prohibition shall not apply to the area identified as the Central Business District as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, in said area, the number of plenary retail consumption licenses shall be limited to 25.
(3) 
The prohibition shall not apply to the Neumann Leathers Redevelopment Area as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, in said area, the number of plenary retail consumption licenses shall be limited to three.
(4) 
The prohibition shall not apply to the Western Edge Redevelopment Area as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, in said area, the number of plenary retail consumption licenses shall be limited to 10.
(5) 
The prohibition shall not apply to the Southwest Redevelopment Area as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, the total number of plenary retail consumption licenses in said area shall be limited to five.
(6) 
The prohibition shall not apply to the portion of Hoboken designated as the Third Ward in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, the total number of plenary retail consumption licenses in said area shall be limited to 15.
(7) 
The prohibition shall not apply to the portion of Hoboken designated as the First Ward in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map" that is not included in the Central Business District or the Southern Redevelopment Area, as those terms are defined in subsection F(2) and F(1), respectively, above. However, the total number of plenary retail consumption licenses in said area shall be limited to 10.
[Amended 3-18-2020 by Ord. No. B-251]
(8) 
The prohibition shall not apply to any plenary retail consumption license designated as a theater exception "37" license in the City of Hoboken.
(9) 
The prohibition shall not apply to the portion of Hoboken designated as the Fifth Ward in the "Hoboken City Code § 68-7, Five-Hundred-Foot Rule Map." However, the total number of plenary retail consumption licenses in said area shall be limited to 13.
[Added 3-18-2020 by Ord. No. B-251]
(10) 
The prohibition shall not apply to the portion of Hoboken designated as the Sixth Ward in the "Hoboken City Code § 68-7, Five-Hundred-Foot Rule Map." However, the total number of plenary retail consumption licenses in said area shall be limited to 16.
[Added 3-18-2020 by Ord. No. B-251]
(11) 
The prohibition shall not apply to the portion of Hoboken designated as the Second Ward in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, the total number of plenary retail consumption licenses in said area shall be limited to 20.
[Added 6-7-2021 by Ord. No. B-365]
G. 
Any person owning, or under contract or option to purchase, a plenary retail consumption license may petition the City Council for an exception to the rule prohibiting a transfer to be made to other premises within a distance of 500 feet from any other premises then covered by a plenary retail consumption license (as set forth in § 68-7A, above). If the petition is granted, the total number of plenary retail consumption licenses enumerated in Section F shall not change. Such an exception shall require six votes of the Council and only be granted based on the criteria of extraordinary circumstances. The procedure for review of petitions by the Council shall be as follows:
[Amended 9-17-2018 by Ord. No. B-69; 10-3-2018 by Ord. No. B-72]
(1) 
The hearing may be held at any regular Council meeting or a special Council meeting.
(2) 
The City Council will act as the trier of fact and sit in a quasi-judicial capacity, and a member of the Council shall be designated as Chair of the hearing.
(3) 
The petitioner will be consulted as to the date and time of the hearing and may be represented by an attorney.
(4) 
The petitioner may present testimony or other evidence on his or her behalf.
(5) 
The petitioner and all of his or her witnesses shall swear or affirm to testify truthfully before giving any testimony.
(6) 
The petitioner will enter his or her appearance and be sworn in by the City Clerk. If the applicant is represented by an attorney, the attorney shall enter his or her appearance and may proceed with an opening statement.
(7) 
The petitioner shall provide the City Clerk in advance of the hearing with 12 copies of all documentary evidence or exhibits upon which the petitioner intends to rely or refer to during the hearing. The petitioner or his or her attorney shall then present the testimony of the petitioner's witness(es), which may include the petitioner.
(8) 
After each witness concludes his or her testimony for the petitioner, members of the public may then pose questions to the witness related to the testimony provided by the witness. Each member of the public shall be limited to a total of five minutes for questions unless otherwise allowed by the Chair of the meeting. This time shall be limited to asking questions; members of the public shall not be permitted to make a statement regarding the petition at this juncture.
(9) 
After the members of the public are done asking the witness questions, the City Council may then pose questions to the witness.
(10) 
The procedures enumerated in Subsection G(8) and (9) apply for each of the petitioner's witnesses.
(11) 
When all of the petitioner's witnesses have been presented, the administration shall have the right to present evidence that is relevant to the petition. If the administration chooses to rely on documentary evidence or exhibits during the hearing, it must provide the petitioner with a copy of the documentary evidence or exhibits in advance of the hearing as well as copies for the public to review at the hearing. The administration shall also have the right to call witnesses to testify as to the particular facts of the petition. The procedure for each of the petitioner's witnesses as set forth in Subsection G(8) and (9), shall be applicable to any administration witness.
(12) 
After all testimony is completed, the Chair shall open the hearing for public comment. Members of the public may then issue comments or statements in favor of or opposition to the petition. Each member of the public shall be limited to a total of five minutes to make a statement.
(13) 
Once the public comment period has concluded, the petitioner or his or her attorney may then issue a closing statement. The duration of each witness's testimony elicited by petitioner and the closing statement will be determined by the Chair, based in large part on the complexity of the petition and testimony.
(14) 
The hearing will be closed after all parties who wish to be heard on the petition have been heard. The City Council will then deliberate the matter in public, followed by a motion and vote. The City Council's decision will be described in detail in a resolution, adopted at either the same meeting or next scheduled meeting. The City Council may defer its decision to a subsequent Council meeting; however, a decision must be rendered at one of the next two regularly scheduled Council meetings. If the City Council defers its decision to a subsequent meeting, the petitioner will be notified of the date and time of said meeting.
H. 
Notice.
[Added 10-3-2018 by Ord. No. B-72]
(1) 
Notice of the hearing shall be given at least 15 days prior to the hearing by the petitioner to the owners of all real property as shown on the current tax duplicates, located within 200 feet in all directions of the proposed location that is the subject of the hearing. In addition, the petitioner shall provide notice of the hearing to all owners of a plenary retail consumption license without broad package privileges (License Type 33) as shown on the current tax duplicates that are located within 500 feet in all directions of the proposed new location that is the subject of the hearing.
(2) 
The notice shall be by regular mail. The notice shall state the date and time and place of the hearing, the nature of the matter to be considered, and an identification of the proposed location by street names and addresses, common names or other identifiable landmarks, such as lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office.
(3) 
Notice shall be given to a property owner by serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, such as the property manager or registered agent, or any other person authorized by law to accept service on behalf of the owner.
(4) 
The petitioner shall be responsible for all costs of the notice provision.
(5) 
The petitioner's failure to provide proper notice to any of the above-referenced affected property or license owners shall not, de facto, invalidate the petition, hearing or any action that is taken at the hearing, such as the approval or denial of the petition, but such a failure may be considered by the Council as a ground for denial of the petition. For purposes of this section, placement of the petition on the agenda shall be considered adequate notice for all parties and affected property owners.
[1]
Editor's Note: Former § 68-7, Proximity to other licensed premises; relocation and transfers, added 5-4-1996 by Ord. No. 267, as amended, was repealed 4-1-1987 by Ord. No. V-94.
For the purposes of this chapter, a "club" shall mean an organization, corporation or association consisting of 100 or more persons operating solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain. The term "club member" shall mean any person in good standing who has been admitted to membership in the manner regularly prescribed by the bylaws of a club and who maintains his membership in a bona fide manner, and whose name and address is entered on the list of membership.
A. 
After approval of an application, and before the license is issued, every plenary retail consumption licensee, agent or other employee connected with or employed by, or to be connected with or employed by, the licensee shall make full and complete answers, in writing, on forms furnished by the Department of Public Safety, to all questions printed thereon as to the identity, character, antecedents and general experience of any such licensee, agent or other employee.
B. 
If a plenary retail consumption license is granted or transferred, the Department of Public Safety shall furnish the licensee, agent or other employees connected with or employed by the licensee an identification card showing compliance with the provisions of this section. The identification card issued pursuant thereto shall be on file on the licensed premises so that it can be submitted upon demand at any time during business hours. The identification card shall expire on June 30 of each year, at which time a new identification card shall be issued by the Department of Public Safety.
C. 
No licensee shall engage any agent or employee connected with the business of the licensee, unless the agent or employee has conformed to the rules and regulations set forth in this section pertaining to the particular license involved, and if any new agents or employees are hired by the licensee, such new agents or employees shall comply with the regulations pertaining to the license involved, set forth in this section, before being permitted to work in the licensed premises.
D. 
If the applicant for a plenary retail consumption license is a corporation, all the officers thereof shall comply with the regulations of this section pertaining to the license involved, and should there be a replacement or election of new officers during the licensed term, such replaced or newly elected officers must comply with the requirements of this section.
A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any statute of the State of New Jersey or of the United States, respecting alcoholic beverages, or any of the regulations and rules of the Alcoholic Beverage Control Board of the City of Hoboken or other competent municipal authority or the State Director of the Division of Alcoholic Beverage Control, or any City ordinance relating to the licensed premises.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-1 to 1-78 and the rules and regulations relative thereto promulgated by the State Director of the Division of Alcoholic Beverage Control and the Alcoholic Beverage Control Authority of the City of Hoboken.
No licensee, under this chapter, or agent or other employee connected with or employed by, or to be connected with or employed by, the licensee shall:
A. 
Sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years or allow, permit or suffer the consumption of alcoholic beverages by any such person on the licensed premises.
B. 
Allow, permit or suffer the licensed premises or the licensed business to be used in furtherance or aid of, or in connection with, any illegal activity or enterprise resulting in a conviction in a criminal prosecution.
[Amended 5-16-2018 by Ord. No. B-28]
C. 
Allow, permit or suffer in or upon the licensed premises any lewdness, immoral activity or foul, filthy or obscene language or conduct or any brawl, act of violence, disturbance or unnecessary noise or allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
D. 
Sell, serve or deliver, or permit or suffer the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any mental defective, habitual drunkard or intoxicated person nor permit the same to congregate in or about the licensed premises.
E. 
Allow, permit or suffer in or upon the licensed premises any lottery to be conducted, or any ticket or participation right in any lottery to be sold or offered for sale, or possess, have custody of or allow, permit or suffer any such ticket or participation right in or upon the licensed premises. However, this subsection shall not apply to bingo or raffles or tickets or participation rights therein being conducted pursuant to appropriate permit under the Bingo Licensing Law (N.J.S.A. 5:8-24) or the Raffles Licensing Law (N.J.S.A. 5:8-50), but in any such instance of bingo at licensed premises, the licensee, during the period between the commencement of the first and the conclusion of the last game, shall not sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage in any room or outdoor area where bingo or any part thereof is being conducted.
F. 
Suffer or permit any bookmaking, gambling or gambling device in, on or about the licensed premises.
G. 
Allow, permit or suffer any dancing exhibition in or on any licensed premises, or any part of the licensed premises. However, this prohibition shall not apply to the following:
[Added 6-19-1968 by Ord. No. 311; amended 8-19-1971 by Ord. No. 363]
(1) 
Any licensed premises that has adequate kitchen and dining room facilities and which premises are used for providing and serving food as a principal part of its business.
(2) 
Any club as defined in State Regulation 7, Rule 1, of the Rules and Regulations of the Division of Alcoholic Beverage Control of the State of New Jersey.
H. 
Exposure of indecent attire of entertainers. No licensee shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for the same and for distribution of alcoholic beverages, in any act, scene, sketch or other form of entertainment, including dancing, for the benefit of patrons with breasts or entire upper body or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
[Added 2-17-1993 by Ord. No. P-216; amended 5-16-2018 by Ord. No. B-28]
I. 
Exposure or indecent attire of employees. No licensee shall employ, allow, permit or suffer any employee who comes in contact with or is likely to come in contact with the patrons of any establishment licensed for the sale and distribution of alcoholic beverages to appear in the presence of such patrons with breasts or entire upper body or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
[Added 2-17-1993 by Ord. No. P-216; amended 5-16-2018 by Ord. No. B-28]
The license issued hereunder, as well as any and all other licenses that may be required in the operation of the licensee's business, shall at all times be conspicuously displayed in the licensed premises, and the licenses shall at all times be subject to inspection by members of the Police Department, the License Supervisor and such other local state or federal officials whose duties may so require.
[Added 10-17-1973 by Ord. No. C-5]
A. 
The drinking of alcoholic beverages on the public streets of Hoboken and the common areas of the Hoboken Housing Authority is hereby prohibited. No person shall serve, sell, dispense, drink or consume any alcoholic beverage on a public street, highway, avenue, alley or road of the municipality, or upon any public grounds, parks, sidewalks, marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin, or the common areas of the Housing Authority, in said municipality.
[Amended 5-15-2024 by Ord. No. B-665]
B. 
Violation of any provision of this chapter shall be punishable by one or more of the following:
[Amended 7-13-1988 by Ord. No. P-13]
(1) 
Imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners;
(2) 
By a fine not exceeding $1,000; or
(3) 
By a period of community service not exceeding 90 days.
C. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
[Amended 5-15-2024 by Ord. No. B-665]
ALCOHOLIC BEVERAGE
Beer, wine, whiskey, gin, cordials, mixed drinks or similar drinks containing alcohol.
COMMON AREAS
A portion of residential property that is available for use by occupants of more than one dwelling unit. Such an area may include, but is not limited to, entrances, hallways, stairways, elevators, laundry and recreational rooms, playgrounds, courtyards, community centers, on-site day-care facilities, garages, parking lots, roads, grounds, and boundary fences.
D. 
This chapter shall in no way interfere with the authority of the City Clerk and/or the Alcoholic Beverage Control Board of the City of Hoboken to issue temporary licenses for the consumption of alcoholic beverages pursuant to the laws of the State of New Jersey, or where such alcoholic beverages may be consumed.
[Added 5-18-1994 by Ord. No. R-45; amended 8-17-1994 by Ord. No. R-60]
A. 
All employees that serve alcoholic beverages, including bartenders, waiters, waitresses and captains, shall be required to take one course dealing with the dangers of alcohol abuse and to determine how to detect intoxication. This course shall be administered under the direction of the Business Administrator, who shall have the authority to select an outside agency that is expert in the above topics, to conduct such classes. The cost for such courses shall be paid for by the licensee.
B. 
Licensed premises shall not be permitted to hold events in which alcoholic beverages are not served and which cater to those under the age of 21; provided, however, that such events may be held if all alcoholic beverages are removed from view and stored in a locked cabinet and all signs, banners and advertisements relating to alcoholic beverages are removed from view.
C. 
The Business Administrator is directed to meet with licensed premises owners to promote a designated driver or Party Smart program whereby patrons that travel by automobile are to be encouraged to ensure that a designated driver shall be able to drive the automobile to and from the licensed premises.
D. 
Banners, flags and/or pennants that promote the consumption of alcohol shall be prohibited. The Hoboken Zoning Ordinance shall be so amended.[1]
[1]
Editor's Note: See Ch. 196, Zoning, § 196-31F.
E. 
Each licensee shall be required to post in a public place, and plainly visible to patrons, signs that set forth the penalties for a public consumption of alcoholic beverages, disturbances of the public peace and/or indecent exposure. These signs shall be posted at two such locations at each bar.
[Added 6-29-1994 by Ord. No. R-56; amended 8-17-1994 by Ord. No. R-61]
This section shall provide an application fee and licensing requirements for the issuance of identification cards for licensees and covered employees.
A. 
Definition. A "covered employee" is an employee or agent who either:
(1) 
Serves alcoholic beverages as part of his/her job duties;
(2) 
Is a waiter or waitress;
(3) 
Is any employee that has supervisory authority; or
(4) 
Is any employee whose duties include the performance of security functions.
B. 
After approval of an application and before the license is issued, every plenary retail consumption licensee or covered employee shall provide full and complete answers, in writing, on a form identified as an alcohol beverage control employee application, furnished by the Department of Public Safety, to all questions presented thereon as to identity, character, antecedents and general experience of any such licensee or covered employee.
C. 
The licensee or covered employee shall, along with filing the application, attach thereto one color passport photograph, two inches by two inches. Said photograph is not to have been taken more than 30 days prior to the execution of the application.
D. 
The licensee or covered employee shall submit to having his/her fingerprints taken as a requirement of the application process.
E. 
Two separate and distinct forms of identification shall be submitted by the licensee or covered employee while executing the alcoholic beverage employee application for review by an appropriate official.
F. 
The applicant shall provide a money order or check, payable to the City of Hoboken, for the sum of $50 to defray the expense of processing the application. Also, the applicant shall provide a money order or check to be payable to the New Jersey State Police, Identification Division, in an amount which shall be the current charge posted by the New Jersey State Police, Identification Division, for the fingerprint processing fee for each applicant. The fingerprint processing fee may be subject to change as the New Jersey State Police, Identification Division, changes or regulates their fee schedule.
[Amended 10-5-1994 by Ord. No. R-81]
G. 
If a plenary retail consumption license is granted or transferred, the Department of Public Safety shall, upon application of the licensee or covered employee, issue an identification card showing compliance with the provisions of this section. The identification card, issued pursuant thereto, shall be physically located on the licensed premises so that it can be submitted upon demand at any time during business hours. The identification card shall remain valid for the remainder of the calendar year in which it was issued; as well as the next complete calendar year. It shall expire on the 30th of June of the third calendar year. The individual holder shall undergo a renewal procedure resulting in the issuance of a new identification card by the Department of Public Safety.
H. 
The licensee or covered employee, whose primary function is the serving of alcoholic beverages or the performance of security duties, while in the exercise of his/her duties on the licensed premises, shall at all times conspicuously wear the presentation side of the identification card bearing the individual's first name and identification number. For purpose of this subsection, a waiter, waitress or other type of employee whose primary function is the serving of food or performing of services that does not require the delivery of service of alcoholic beverages or only incidentally involves the service of alcoholic beverages while serving a meal shall not be covered by this subsection.
I. 
Renewal requirements shall compel the licensee or covered employee in making a formal application to renew his/her permit prior to its expiration on June 30. Renewal, as defined under this section, shall occur prior to the expiration of the applicant's identification card as outlined in Subsection G. The fee of $50 shall be submitted each time a renewal application is introduced.
J. 
No licensee shall engage any covered employee connected with the business of the licensee, unless the covered employee has conformed to the rules and regulations set forth in this section. If new covered employees are hired by the licensee, such new covered employees shall comply with the regulations set forth in this section before being permitted to work in the licensed premises.
K. 
If the applicant for a plenary retail consumption license is a corporation, all the officers thereof shall comply with the regulations of this section pertaining to the license involved; and should there be a replacement or election of new officers during the licensed term, such replaced or newly elected officers must comply with the requirements of this section.
L. 
All fees received under this section shall be deposited in the City of Hoboken Law Enforcement Trust Fund.
[Amended 6-4-1997 by Ord. No. R-248; 1-20-1999 by Ord. No. R-368]
M. 
Any identification card issued to a covered employee or licensee under this chapter may be suspended or revoked by the Alcoholic Beverage Control Board of the City of Hoboken if the covered employee or licensee engages in any conduct that is deemed to be a violation, or causes a licensed premises to be in violation of any of the provisions of this chapter or any statute of the State of New Jersey or the United States regarding alcoholic beverages, or any of the regulations or rules of the Alcoholic Beverage Control Board of the City of Hoboken or other competent municipal authority, the State Director of the Division of Alcoholic Beverage Control, or any City ordinance relating to a licensed premises.
[Added 1-7-1998 by Ord. No. R-283]
N. 
Any covered employee or licensee whose identification card is subject to suspension or revocation shall be entitled to a hearing before the Alcoholic Beverage Control Board of the City of Hoboken.
[Added 1-7-1998 by Ord. No. R-283]
[Added 10-5-1994 by Ord. No. R-81]
In the event that an applicant shall lose his/her bar identification card, a replacement card may be obtained for a fee of $5, check or money order.
[Added 7-10-2024 by Ord. No. B-690]
A. 
Pursuant to N.J.S.A. 33:1-19.8, the City of Hoboken, through its Alcoholic Beverage Control ("ABC") Board, may issue a retail consumption license to certain nonprofit corporations as detailed herein.
B. 
It shall be lawful for the Hoboken ABC Board, upon the approval of the Director of the Division of Alcoholic Beverage Control, to issue a plenary retail consumption license to a nonprofit corporation exempt from federal income tax under § 501(c)(3) of the Internal Revenue Code that is incorporated on the effective date of this section, which regularly conducts musical or theatrical performances or concerts for which admission is charged. A license issued pursuant to this section shall be used in connection with premises with a seating capacity of 50 persons or more but less than 1,000 persons that is primarily used to conduct musical or theatrical performances or concerts.
C. 
The license shall authorize the sale of alcoholic beverages by the nonprofit corporation or its restaurant operator who has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control for consumption on the licensed premises:
(1) 
During the two hours immediately preceding performances;
(2) 
During performances, including intermission; and
(3) 
For not more than 15 performances in a calendar year, during the two hours immediately following performances.
D. 
Licensees shall be required to provide the City Clerk and Police Department with at least 10 days' advance notice of the 15 performances, including the dates and times of the performance(s), when there will be the sale of alcoholic beverages two hours immediately following performances.
E. 
For the purposes of this section, "licensed premises" shall include the premises where the musical or theatrical performance or concert is held and any adjacent premises owned and operated by the licensee.
F. 
A license issued under the provisions of this section shall not be counted in determining the number of licenses under P.L. 1947, c. 94 (N.J.S.A. 33:1-12.13), or under P.L. 1968, c. 277 (N.J.S.A. 40:48-2.40 et seq.).
G. 
For purposes of this section, "performance" shall be defined as one showing of a theatrical performance, movie, musical, or concert.
H. 
Licenses issued under this section are not transferable.