[Ord. No. 2015-24 § 3]
It shall be unlawful to possess, sell, distribute or transport
alcoholic beverages within the municipality of Princeton otherwise
than as provided in this chapter, the provisions of Title 33 of the
Revised Statutes of New Jersey, N.J.S.A. 33:1-1 et seq. (hereinafter
referred to as Title 33), and the regulations promulgated thereunder
by the Director of the Division of Alcoholic Beverage Control, as
may be amended, and any other relevant laws, regulations or provisions
of this Code.
[Ord. No. 2015-24 § 3]
No person shall sell or distribute alcoholic beverages in Princeton
without first obtaining a license as required under this chapter.
No license of any type shall be issued until the premises have been
approved by the Health Officer or designee on behalf of the Council
and Board of Health.
[Ord. No. 2015-24 § 3]
The Council shall constitute the authority for the administration
of the issuance of licenses under this chapter.
[Ord. No. 2015-24 § 3]
(a)
The Council shall be authorized to issue the following types of licenses
in Princeton: plenary retail consumption, plenary retail distribution
and club licenses.
(b)
Except as otherwise specifically permitted by law and consistent
with N.J.S.A. 33:1-12.14 (as may be amended), no new plenary retail
consumption license shall be issued in Princeton unless and until
the combined total number of such licenses existing in Princeton is
fewer than one for each 3,000 of its population and no new plenary
distribution license shall be issued in Princeton unless and until
the combined total number of such licenses existing in Princeton is
fewer than one for each 7,500 of its population. Population for purposes
of this section shall be based on the most recent estimates issued
by the U.S. Bureau of the Census. There shall be no such limit on
club licenses.
[Ord. No. 2015-24 § 3]
Any nonprofit corporation that conducts musical or theatrical
performances or concerts on premises with a seating capacity of 1,000
or more persons or more may, upon the approval of the Council and
the Director of the Division of Alcoholic Beverage Control, obtain
a plenary retail consumption license subject to the conditions and
limitations provided in this section and state law. Such license shall
authorize the sale of alcoholic beverages for consumption on the licensed
premises only during performances and the hour immediately preceding
and the hour immediately following performances, provided no alcoholic
beverage shall be sold, served, delivered or consumed except during
hours of sale otherwise permitted in this chapter. A license issued
under this section shall not be counted in determining the number
of licenses under section 3-4 above.
[Ord. No. 2015-24 § 3]
All licenses shall be for a term of one year from July 1 each
year, and fees therefor shall be paid prior to commencement of said
term. The license fees as of July 1, 2006 are hereby continued and
fixed as follows:
|
Plenary retail consumption license
|
$2,500
|
|
Plenary retail distribution license
|
$2,500
|
|
Club license
|
$188
|
The license fees for plenary retail consumption and plenary
retail distribution licenses shall automatically increase each July
1 by 20% unless the then current license fee has reached the maximum
amount allowed by N.J.S.A. 33:1-12.
[Ord. No. 2015-24 § 3]
Any license issued pursuant to this chapter may be suspended
or revoked for violation of any of the provisions of this chapter
or for violation of any of the provisions of Title 33, in particular
N.J.S.A. 33:1-31, or of the Alcoholic Beverage Tax Act, N.J.S.A. 54:41-1
et seq., or of any of the rules and regulations promulgated the Director
of the Division of Alcoholic Beverage Control, as may be amended.
A licensee shall also be subject to such other penalties as
may be authorized by law for violations of Title 33 or of any of the
rules and regulations promulgated pursuant thereto.
[Ord. No. 2015-24 § 3]
No licensee under this chapter shall sell, serve, deliver or
allow, permit or suffer the service, delivery or consumption of any
alcoholic beverage on the licensed premises, directly or indirectly,
to or by any person under the legal age to purchase or consume alcoholic
beverages or to or by any person who is actually or apparently drunk
or intoxicated.
[Ord. No. 2015-24 § 3]
No licensee under this chapter shall knowingly allow, permit
or suffer in or upon the licensed premises any person the licensee
believes may create a disturbance or a nuisance, or who may engage
in any unlawful or improper conduct prohibited in this chapter.
[Ord. No. 2015-24 § 3]
No licensee under this chapter shall allow, permit or suffer
in or upon the licensed premises any unlawful or improper conduct,
including but not limited to disturbances, lewdness, fighting and
unnecessary or loud noises, or allow, permit or suffer the licensed
place of business to be conducted in such manner as to become a nuisance.
[Ord. No. 2015-24 § 3]
No licensee under this chapter shall allow, suffer or permit
any lottery to be conducted, or any ticket or participation right
in any lottery to be sold or offered for sale on or about the licensed
premises except for the New Jersey State Lottery, or tickets or participation
rights therein, being conducted pursuant to appropriate license under
the State Lottery Law (N.J.S.A. 5:9-11) or other activity authorized
by state law.
[Ord. No. 2015-24 § 3]
No licensee under this chapter shall engage in or allow, permit
or suffer any pool-selling, bookmaking or any unlawful game or gambling
of any kind, or any device or apparatus designed for any such purpose,
on or about the licensed premises.
[Ord. No. 2015-24 § 3]
No licensee under this chapter shall possess, allow, permit
or suffer, on or about the licensed premises, any slot machine or
device in the nature of a slot machine which may be used for the propose
of playing for money or other valuable thing.
[Ord. No. 2015-24 § 3]
No licensee under this chapter shall receive, possess or sell
any alcoholic beverages transported into this state in violation of
Title 33 or of the rules governing the transportation of alcoholic
beverages into the state promulgated by the Director of the Division
of Alcoholic Beverage Control, as may be amended.
[Ord. No. 2015-24 § 3]
No retail distribution licensee shall permit any alcoholic beverages
sold by said licensee to be consumed on the licensed premises, nor
shall the licensee permit their containers to be opened on the licensed
premises.
[Ord. No. 2015-24 § 3]
(a)
Plenary retail distribution licenses. No plenary retail distribution
licensee shall sell or deliver or allow, permit or suffer the sale
or delivery of any alcoholic beverage other than as specified below:
(1)
On all days of the week from 9:00 a.m. to 10:00 p.m., any alcoholic
beverage may be sold.
(2)
In addition, retail distribution licensees may sell wine and
malt alcoholic beverages only in original bottle or can containers
during the same hours and on the same days plenary retail consumption
licensees are permitted to make sales as set forth in paragraph (b)
of this section.
(b)
Plenary retail consumption licensees. No plenary retail consumption
licensee shall sell, serve or deliver or allow, permit or suffer the
sale, service or delivery of any alcoholic beverage other than as
specified below:
(c)
Club licensees. Club licensees may make sales of alcoholic beverages during the same hours plenary retail consumption licensees are permitted to make sales as set forth in subsection (b) of this section above and at no other time. Such sales may be made to club members or bona fide guests of club members and no other persons and only for on premises consumption.
[Ord. No. 2015-24 § 3]
Premises licensed under this chapter shall at all times be kept
in a safe, clean and sanitary condition. All rooms, passageways, entrances,
exits and stairways shall be well lighted and ingress and egress thereto
and therein shall be unobstructed. The Health Officer or designee
shall, after the issuance of any license, have the right and power,
at any time, to inspect the licensed premises for the purpose of seeing
that they are in a sanitary condition, and the failure to maintain
the premises in a proper sanitary condition shall be a proper ground
for the suspension or revocation of the license.
[Ord. No. 2015-24 § 3]
The public peace, decency and good order shall be maintained
at all times in and about any premises licensed under this chapter.
[Ord. No. 2015-24 § 3]
No person under the legal age to purchase or consume alcoholic
beverages shall knowingly purchase, attempt to purchase, have another
purchase for him or her, possess or consume any alcoholic beverages
on any premises licensed under this chapter.
[Ord. No. 2015-24 § 3]
No person shall purchase any alcoholic beverages from any licensed
premises for or on behalf of a person under the legal age to purchase
or consume alcoholic beverages, except that person's parent or
guardian if the parent or guardian is of the legal age to consume
alcoholic beverages, as may be authorized by law or regulation.
[Ord. No. 2015-24 § 3]
No licensee under this chapter shall serve to any person alcoholic
beverages in any room or place on the licensed premises which is not
open to the public generally; except, that in hotels guests may be
served in their rooms or in private dining rooms; provided further,
that this regulation shall not apply to bona fide clubs holding club
licenses under Title 33 and the regulations promulgated thereunder,
as may be amended.
[Ord. No. 2015-24 § 3]
All premises licensed under this chapter, except clubs holding
club licenses, and guest rooms and private dining rooms in hotels,
shall be so arranged that a full view of the interior may be had from
the public thoroughfare or from adjacent rooms to which the public
is freely admitted. All such premises shall be lighted sufficiently
so that a full view of the interior thereof may be had at all hours
from the public thoroughfare or from adjacent rooms to which the public
is freely admitted.
[Ord. No. 2015-24 § 3]
In accordance with N.J.S.A. 33:1-12a., all licensees under this
chapter, except club licensees, who sell alcoholic beverages shall
ensure that a warning notice prepared by the Department of Health
and Senior Services is posted prominently in any service area as well
as on a wall, towel dispenser or other appropriate location in any
public rest room for women patrons on the licensed premises. The notice
shall warn patrons that alcohol consumption during pregnancy has been
determined to be harmful to the fetus and can cause birth defects,
low birth weight and Fetal Alcohol Syndrome, which is one of the leading
causes of intellectual disabilities.
[Ord. No. 2015-24 § 3]
All applications for the transfer of plenary retail consumption
and distribution licenses shall be accompanied by the following fees,
which are established by Title 33 and the administrative rules promulgated
thereunder, as may be amended:
(a)
A filing fee of $200; and
(b)
For transfers of a license to other premises only, or applications
for transfer of license to another person only, a fee of 10% of the
full annual license fee for said license; and
(c)
For transfers of a license to other premises and other persons, a
fee of 20% of the full annual license fee for said license.
[Ord. No. 2015-24 § 3; Ord. No. 2019-14]
(a)
Prohibitions. No person of legal age shall consume or possess in
any opened container any alcoholic beverage in or upon any public
or quasi-public place, including but not limited to any public street,
alley, sidewalk, mall, park, playground, public conveyance, parking
facility or in or around any public building. For the purposes of
this section, a quasi-public area shall be defined as that portion
of private lands which have been made open to the public for their
use and enjoyment by the owner of said lands in connection with zoning
approvals, dedication of said lands or similar means, and where the
Council, upon n application from the owner of said lands, determines
that the provisions of this section be made applicable thereto.
(b)
Exceptions. Nothing herein shall be construed to prohibit the following:
the possession or consumption of alcoholic beverages within or upon
premises duly licensed for the consumption of alcoholic beverages[,];
the consumption of wine or malt alcoholic beverages as may be permitted
under N.J.S.A. 2C:33-27 within that portion of a retail food establishment
which constitutes a sidewalk cafe licensed under Chapter 29 of the
"Code of the Borough of Princeton, New Jersey, 1974;" or the possession,
distribution or consumption of alcoholic beverages in any public park,
recreation area, public building, or other public area in connection
with any organized function or social affair for which previous permission
has been granted by the Council or as otherwise authorized by Title
33 or the administrative regulations promulgated thereunder, as may
be amended.
[Ord. No. 2015-24 § 3]
Any person violating this article shall be subject to the penalties
set forth in section 1-6 of this Code.
