[New]
All applications for licenses, all licenses issued and all proceedings under this Title shall be in accordance with the act, rules and regulations referred to in Section 4:1-1, and all other applicable laws of the State of New Jersey or the United States.
[New]
All licenses required by this chapter shall be issued by the Board of Alcoholic Beverage Control which shall also administer the provisions of this chapter.
[New]
No person shall sell or distribute alcoholic beverages within the City without obtaining a license in accordance with the Act referred to in Section 4:1-1 and the provisions of this chapter.
[R.O. 1966 C.S. § 4:2-5; New; Ord. 6 S+FD, 1-5-2000 § 1; Ord. 6 S+FD, 4-18-2007 § 1]
In accordance with the laws of the State of New Jersey, N.J.S.A. 33:1-12, the fees for the granting of all alcoholic beverage licenses issued by the local Governing Body of the City of Newark are hereby fixed as follows:
a. 
Plenary Retail Consumption License:
2007-2008 license term
$2,398.49
2008-2009 license term
$2,500 per annum
b. 
Plenary Retail Distribution License:
2007-2008 license term
$2,398.49
2008-2009 license term
$2,500 per annum
c. 
Club License:
2007-2008 license term
$180
2008-2009 license term
$188 per annum
d. 
Transfers: A fee equal to 10% of the annual fee must be paid to the municipality (or 20%) if both Person to Person and Place to Place Transfer is to take place).
[R.O. 1966 C.S. § 4:2-2.1; Ord. 6 S+FQ 4-20-1988; Ord. 6 S+FT 12-19-1990; Ord. 6 S+FC, 6-19-1991]
a. 
Commencing on January 1, 1991 each holder of a Plenary Retail Consumption License shall pay the sum of $200 per year and the $200 license fee shall be in addition to the annual fees payable in accordance with Section 4:2-4.1.
b. 
The revenues to be derived from this annual increase shall be held in a separate trust account and shall be used solely for the purpose of entering into contracts for the acquisition and retiring of Plenary Retail Consumption Licenses.
c. 
Annual increase shall be charged until such time as sufficient revenues are collected so as to provide for the payment of the contract amount agreed upon for each license to be retired in any given year.
d. 
The cost to retire a Plenary Retail Consumption License shall not exceed the total amount of revenues available in the retirement fund.
e. 
No such contracts entered into pursuant to these provisions shall result in the reduction in the number of Plenary Retail Consumption Licenses to fewer than the statutory amount provided in N.J.S.A. 40:48-2.41 and no license so acquired by the City of Newark shall be reissued to any applicant.
[R.O. 1966 C.S. § 4:2-5.1]
a. 
There shall be a fee of $60 charged by the Municipal Board of Alcoholic Beverage Control for the acceptance and processing of applications for a change in the corporate structure of a corporation to whom a liquor license has been issued by the City of Newark.
b. 
This fee shall be applicable to the holders of Retail Consumption Licenses and Retail Distribution Licenses.
[R.O. 1966 § 4:2-6]
No seasonal retail consumption or limited retail distribution licenses shall be granted in the City.
[1]
Editor's Note: For State Statute authorizing the exclusion of such licenses, see N.J.S.A. 33:1-12.
[R.O. 1966 § 4:2-7]
a. 
The numerical limitation of plenary retail consumption and plenary retail distribution licenses to be issued in the City shall be subject to the terms, provisions and conditions as set forth in the Statutes covering the subject matter.
b. 
Nothing herein shall prevent issuance of a new license to a person who files application therefor within 60 days following the expiration of the license renewal period if the State Director shall have made a favorable determination as to such applicant granting relief under N.J.S.A. 33:1-12.18, and if the local issuing authority shall determine by resolution that such applicant's failure to apply for a renewal of his/her license was due to circumstances beyond his/her control.
[1]
Editor's Note: For statutory limitation on number of retail licenses, see N.J.S.A. 33:1-12.14 et seq. For statutory prohibition against acquiring an interest in more than two alcoholic beverage retail licenses from and after August 3, 1962, see N.J.S.A. 33:1-12.31 et seq.
[R.O. 1966 C.S. § 4:1-1; Ord. 6 S+FP 12-20-1989; Ord. 6 S+FG 11-7-1990; Ord. 6 S+FB, 1-3-2001 § 4; Ord. 6PSF-B, 9-19-2018]
A plenary retail consumption or club license shall only sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, or permit consumption of any alcoholic beverage on the licensed premises during the following hours:
a. 
From 9:00 a.m. through 2:00 a.m. on Monday through Wednesday;
b. 
From 9:00 a.m. through 3:00 a.m. on Thursday through Saturday;
c. 
From 9:00 a.m. through 2:00 a.m. on Sunday;
d. 
From 9:00 a.m. through 5:00 a.m. on Christmas Eve and New Year's Eve;
e. 
From 9:00 a.m. through 3:00 a.m. on Thanksgiving Eve.
[1]
Editor's Note: For State Statute authorizing a municipality to regulate the hours of sale, see N.J.S.A. 33:1-40 et seq.
[Ord. 6 S+FP 12-20-1989; Ord. 6 S+FB 1-3-2001 § 1]
a. 
A plenary retail consumption licensee shall only sell or deliver or allow, permit or suffer the sale or delivery of wine and malt liquor in original bottles or canned containers for consumption off the licensed premises or allow, permit or suffer the removal of any wine and malt liquor in its original bottles or canned containers from the licensed premises, during the following hours:
1. 
From 9:00 a.m. through 10:00 p.m. on Monday through Wednesday;
2. 
From 9:00 a.m. through 10:00 p.m. on Thursday through Saturday;
3. 
From 12:00 p.m. through 10:00 p.m. on Sunday;
4. 
From 9:00 a.m. through 10:00 p.m. on Christmas Eve and New Year's Eve;
5. 
From 9:00 a.m. through 10:00 p.m. on Thanksgiving.
b. 
A plenary retail distribution licensee shall only sell or deliver or allow, permit or suffer the sale or delivery of an alcoholic beverage at retail in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original container from retail licensed premises, during the following hours:
1. 
From 9:00 a.m. through 10:00 p.m. Monday through Saturday;
2. 
From 12:00 noon through 10:00 p.m. Sunday;
3. 
From 9:00 a.m. through 10:00 p.m. on Christmas Eve and New Year's Eve;
4. 
From 9:00 a.m. through 10:00 p.m. on Thanksgiving.
[R.O. 1966 C.S. § 4:1-1; Ord. 6 S+FD 3-4-1987; Ord. 6 S+FK 12-1-1988; Ord. 6 S+FP 12-20-1989; Ord. 6 S+FB 1-3-2001 § 1]
a. 
During hours when sales of alcoholic beverages are prohibited the entire licensed premises shall also be closed, but this closing of premises requirement shall not apply to establishments where the principal business is other than the sale of alcoholic beverages.
b. 
For purposes of this section, the phrase "establishments where the principal business is other than the sale of alcoholic beverages" shall include restaurants as defined in N.J.S.A. 33:1-1 and clubs licensed pursuant to N.J.S.A. 33:1-2. It shall include premises wherein factors including, but not limited to, the percentage of gross receipts derived from activities other than the sale of alcoholic beverages, the number and duties of employees, the size and location of areas used for specific purposes other than the sale or consumption of alcoholic beverages, the hours devoted to activities distinct from the sale of alcoholic beverages, are such that the sale of alcoholic beverages is incidental to a separate, regular and principal business purpose or purposes. It shall include, but not be limited to hotels, motels, drugstores, airports, bowling alleys, dance halls licensed pursuant to Section 5:7-1 et seq., and discotheques licensed pursuant to Section 5:11-1 et seq., provided they meet the foregoing standards.
c. 
In any disciplinary proceeding brought for alleged violation of this section, it shall be the burden of the licensee to show that it is exempt from the closing of premises requirement in paragraph b.
d. 
Subject to the foregoing provisions of this section regulating the opening and closing hours for the sale of alcoholic beverages, this closing requirement shall not apply to private social parties conducted on club premises for which permission has been granted in writing by the Chief of Police for the use of the club premises for a private social affair to extend beyond that time, subject however to the provisions of this paragraph, hereinafter set forth. All of the activities of such private social affairs shall cease at the time limited by the permit, and persons attending the affair shall thereupon forthwith vacate the premises. Any person who remains on the premises contrary to the provisions hereof shall be in violation of this paragraph, provided, however, that nothing herein contained shall be deemed to apply to a duly constituted custodian or other designated person in care of the licensed premises, so long as the hours during which the premises are to be closed as provided in this paragraph are being duly observed.
[R.O. 1966 Code § 4:2-1]
Notice of all applications for licenses, for renewal of license or for transfer from place to place or from person to person shall be according to form and duly made as required by law and the State rules and regulations governing the subject matter.
[R.O. 1966 Code § 4:2-2]
Proof of publication and notice of application for a license, or the renewal and transfer thereof, shall be furnished by the local issuing authority forthwith upon second publication thereof and shall be in form as prescribed by State rules and regulations.
[R.O. 1966 § 4:2-3]
Photographs of the front and all other entrances of the building for which a license is sought, must be submitted with the application for the license. Such photographs shall measure not less than five inches by five inches.
[R.O. 1966 § 4:2-4; R.O. 1966 C.S.; Ord. 6 S+FC, 7-11-2001 § 1; Ord. 6PSF-A(S), 1-7-2016]
a. 
The local issuing authority of the City, upon written objections duly signed by an objector and setting forth the grounds for the objections to the issuing, renewing or transferring of any license, immediately shall afford a hearing on all charges, fix a date therefor and forthwith notify the applicant and the objectors of the date, hour and place of hearing.
1. 
The local issuing authority of the City shall be required to obtain from the Division of Police a record and report of any and all previous violations and complaints for the last seven years which may have been issued against the applicant. Said prior violations and complaints shall be read into and made a part of the applicant's record by the local issuing authority and may be considered by the authority in its discretion when deliberating upon the issuance of a transfer or renewing license.
b. 
The date fixed for such hearing shall not be less than two days nor more than seven days after the second insertion shall have been published. For good cause, however, the Board, in the exercise of its sound and fair discretion, may fix a date later than such seven days, and may also adjourn the hearing from time to time.
c. 
No hearing need be held if no objections shall be lodged or if the local issuing authority, after the requisite statutory investigation, shall have determined not to issue a license to such applicant.
d. 
The local issuing authority of the City, upon notification of any appeal to the State Alcoholic Beverage Control Commissioner (Director of the Division of Alcoholic Beverage Control), shall forthwith notify all objectors of the date, time and place of the hearing.
1. 
The local issuing authority shall be required to provide copies of any and all previous violations and complaints for the past seven years issued against the applicant to the State Division of Alcoholic Beverage Control upon notification of appeal to same.
[R.O. 1966 § 4:2-8]
For the purpose of this Title, terms and words defined herein shall be deemed to have the meaning herein given to them:
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.
CLUB MEMBER
Shall mean any person in good standing who has been admitted to membership in the manner legally prescribed by the bylaws of a club, who maintains his/her membership in a bona fide manner, and whose name and address is entered on the list of membership.
[R.O. 1966 § 4:2-9; Ord. 6 PSF-H, 5-20-2015]
a. 
Club licenses shall be issued only to bona fide clubs. Evidence which shall be presented to the local issuing authority showing that any club or like association was purchased by any person for the purpose of acquiring a club license, shall be just cause for the local issuing authority to reject an application for a club license.
b. 
No license shall be issued to any club unless it shall have been in active operation in the State for at least five years continuously, immediately prior to the submission of the application, and shall have been in exclusive continuous possession and use of a club house or club quarter for the period of at least three years continuously immediately prior to the submission of its application for a license.
c. 
Notwithstanding the provisions of paragraph b of this section: (1) A bona fide organization, deprived of the continuous possession and use of such quarters by reason of foreclosure, dispossession or other removal for a cause other than a violation of the laws and regulations of the State or of municipal ordinances, shall be permitted to obtain a club license upon proof to the satisfaction of the local issuing authority that it is a bona fide organization, as provided for under the law and this Title, and that possession of suitable premises has been obtained. (2) Nothing in this section shall prevent the issuing of a club license to any constituent unit, chartered or otherwise, being a duly franchised chapter or member club of a National or State order, organization or association which has been in active operation in the State for at least 10 years continuously, immediately prior to submission of the application, provided, that such unit, chapter or member club shall have been duly credentialed by such National or State order, organization or association and approved by the State Director of the Department of Law and Public Safety, Division of Alcoholic Beverage Control. (3) Nothing in this section shall prevent the issuing of a club license to any organization, chartered or otherwise, created by an act of the Congress of the United States for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gains.
d. 
No club license, except renewals, shall be granted unless and until the number of such licenses issued and outstanding shall be less than 73. When the number of club licenses issued and outstanding shall be less than 73, only such additional licenses of this type may be issued as will not bring the total number of club licenses outstanding to more than 73.