[Adopted 6-26-1934 by Ord. No. 793A (Ch. 160, Art. I, of the 2004 Code)]
This article is for the purpose of regulating the sale and transportation of alcoholic beverages in the Township of Union, in the County of Union, in accordance with the provisions of the Act of the Legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments, and in accordance with the rules and regulations issued, or to be promulgated by the State Commissioner of Alcoholic Beverage Control, applicable thereto.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
All applications for licenses under this article and all licenses issued thereunder and proceedings in connection therewith shall be subject to said Act and said rules and regulations of said State Commissioner of Alcoholic Beverage Control of New Jersey, applicable thereto, and shall be subject to any other statutes of New Jersey, or of the United States, now extant or hereafter enacted, affecting said subject matters.
The Township Committee of the Township of Union, being the governing body of said municipality, shall constitute the authority for the administration of issuance of licenses under this article and shall forthwith report the issuance of all such licenses to said State Commissioner of Alcoholic Beverage Control.
[Amended 5-14-1955 by Ord. No. 815]
No license shall be issued, except after written application presented by the proposed licensee, upon forms approved by the governing body and after conformity with publication of notice and otherwise, as required by said Act.
[Amended 5-14-1935 by Ord. No. 815; 12-26-1972 by Ord. No. 2752; 5-14-1974 by Ord. No. 2876; 4-25-1975 by Ord. No. 2975; 4-22-1980 by Ord. No. 3442; 4-24-1984 by Ord. No. 3705; 1-24-1989 by Ord. No. 4005; 12-14-1993 by Ord. No. 4282; 9-10-2002 by Ord. No. 4745; 9-9-2003 by Ord. No. 4801; 10-26-2004 by Ord. No. 4842]
The fee for a plenary retail consumption license shall be $2,160, subject to the provisions in N.J.S.A. 33:1-12.
[Amended 11-12-1935 by Ord. No. 824; 12-26-1972 by Ord. No. 2752; 9-10-2002 by Ord. No. 4745; 9-9-2003 by Ord. No. 4801; 10-26-2004 by Ord. No. 4842]
The fee for a seasonal retail consumption license shall be $1,620, subject to the provisions in N.J.S.A. 33:1-12.
[Amended 5-14-1935 by Ord. No. 815; 12-26-1972 by Ord. No. 2752, 5-14-1974 by Ord. No. 2876; 4-22-1975 by Ord. No. 2975; 4-22-1980 by Ord. No. 3442; 4-24-1984 by Ord. No. 3705; 1-24-1989 by Ord. No. 4005; 12-14-1993 by Ord. No. 4282; 9-10-2002 by Ord. No. 4745; 9-9-2003 by Ord. No. 4801]
The fee for a plenary retail distribution license shall be $2,030, and the holder of such license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers.
[Added 8-28-1934 by Ord. No. 795; amended 9-10-2002 by Ord. No. 4745; 9-9-2003 by Ord. No. 4801; 10-26-2004 by Ord. No. 4842]
The fee for a limited retail distribution license shall be $63, and the holder of such license shall, subject to rules and regulations, be permitted to sell for consumption off the licensed premises, but only in original containers, any unchilled, brewed malt alcoholic beverages in quantities of not less than 72 fluid ounces.
A. 
The fee for a club license shall be the sum of $188, and the holder of such license shall be entitled, subject to rules and regulations, to sell only to bona fide club members and their guests, alcoholic beverages intended for immediate consumption on the licensed premises.
[Amended 9-10-2002 by Ord. No. 4745; 9-9-2003 by Ord. No. 4801; 10-26-2004 by Ord. No. 4842]
B. 
Club licenses shall be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain, and such licenses shall be subject to the qualifications, conditions and restrictions imposed by said State Commissioner of Alcoholic Beverage Control.
C. 
Each application for a club license shall set forth the names and addresses of all officers, trustees, directors or other governing officials, together with the names and addresses of all the members of the applying club corporation or association.
All applications for licenses shall set forth, in full, answers to questions prescribed by the aforesaid Act and by the rules and regulations of said State Commissioner and shall include declarations called for by said provisions.
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, upon presentation of the application; provided, however, that any licensee, except a seasonal retail consumption licensee, who shall voluntarily surrender his license and who shall not have committed any violation of this article or of any rule or regulation and who shall have paid all taxes, setoffs or counterclaims that may have become due to the State of New Jersey, or to the Township of Union, shall be entitled, after deduction of 50% of said fee, as a surrender fee, to the prorated fee for the unexpired term.
[Amended 12-26-1972 by Ord. No. 2752]
A separate license shall be required for each specific place of business, and each license shall be effectual only for the licensed premises mentioned therein; provided, however, that upon application for a transfer in the same manner as for an original application, and upon publication of intention to transfer, in the same manner as in the case of an original application, the governing body may issue a transfer of such license to a different place of business, by endorsing such permission upon such license, and upon payment of a fee for such transfer of 10% of the annual license fee.
A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any of the provisions of said Act, or said statutes heretofore mentioned, or of any of the regulations and rules prescribed by said State Commissioner of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of said Act, by service of a five-day notice of charges preferred against the licensee, as provided in said Act, and affording of a reasonable opportunity for a hearing, and such suspension or revocation shall carry the penalties and prohibitions provided for in said Act.
All premises in which said alcoholic beverage shall be sold or otherwise dispensed, except those which hold a club license, shall have reasonable access of light from the public highway, and 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 said licensed premises.
[Amended 2-26-1935 by Ord. No. 807; 5-14-1935 by Ord. No. 815; 5-12-1936 by Ord. No. 835; 12-27-1949 by Ord. No. 1264; 5-27-1952 by Ord. No. 1395; 7-27-1954 by Ord. No. 1521; 12-27-2005 by Ord. No. 4922]
A. 
No plenary retail consumption licensee or other person shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery or consumption of any alcoholic beverage upon licensed premises during the following hours on the following days:
(1) 
On New Year's Day, when it is a weekday, between the hours of 5:00 a.m. and 6:00 a.m.
(2) 
On New Year's Day, when it is a Sunday, between the hours of 4:00 a.m. and 12:00 noon.
(3) 
On other weekdays between the hours of 2:00 a.m. and 6:00 a.m.
(4) 
On other Sundays between the hours of 2:00 a.m. and 12:00 noon.
B. 
No plenary retail distribution licensee shall allow, permit or suffer the sale, service or delivery of any alcoholic beverage at retail in its original container (package goods) for consumption off the licensed premises, or allow permit or suffer the removal of any alcoholic beverage in its original container (package goods) from the retail licensed premises, before 9:00 a.m. or after 10:00 p.m. Monday through Saturday and before 12:00 noon or after 10:00 p.m. on Sundays. Whenever the sale of alcoholic beverages for consumption on the premise is authorized in any municipality for the holder of a retail consumption license, the sale, service or delivery by any licensee with retail off-premise package goods privileges of wine and malt alcoholic beverages in original containers for consumption off the premise shall be authorized on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premise is permitted and reflected in § 199-17A.
C. 
The hours set forth shall be according to the time standard officially in effect in the Township of Union.
D. 
During the hours that the sale of alcoholic beverages is prohibited, all premises operating under a plenary retail consumption license or a seasonal retail consumption license shall be closed; provided, however, that any such licensee operating a bona fide restaurant shall be permitted to remain open during the prohibited hours, but the sale, service, delivery or consumption of any alcoholic beverages upon said licensed premises is hereby forbidden during said prohibited hours as above set forth.
E. 
A "bona fide restaurant," as herein mentioned, is defined as 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 foods for its customers, and in which no other business, except such as is incidental to such establishment, is conducted.[1]
[1]
Editor's Note: Original § 88-18, Minors, of the 1986 Code, as amended, which previously followed this section, was repealed 10-26-2004 by Ord. No. 4842.
[Amended 12-26-1972 by Ord. No. 2752]
Every applicant for a license or a transfer thereof to be issued under this article shall, before the license is issued, permit the Police Department to take an impression of the thumb- and fingerprints of both hands. In the instance of a corporate applicant, all stockholders holding more than 10% of the corporate stock of said corporate applicant and all officers and directors of said corporation shall, likewise, be fingerprinted.
No person shall be served in any back room or side room which is not open to the use of the public generally, except that, in hotels, guests may be served in their rooms or in private or public dining rooms, and provided also that this prohibition shall not apply to club licenses.
[Amended 1-26-1972 by Ord. No. 2752; 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998; 10-26-2004 by Ord. No. 4842]
Any person, except an officer or other person authorized by and acting pursuant to instructions from such officer, so doing in the course of and for the purpose of enforcing said Act, who shall knowingly purchase, receive or procure any illicit beverage, on conviction thereof, shall be subject to the penalties set forth in § 199-24, Violations and penalties, of this article.
[Added 1-25-2011 by Ord. No. 5176; amended 12-27-2011 by Ord. No. 5225; 2-11-2014 by Ord. No. 5288; 4-22-2014 by Ord. No. 5302]
A. 
No plenary retail consumption license may be transferred to any location within 500 feet of any other plenary retail consumption license or any church or public schoolhouse or private schoolhouse not conducted for pecuniary profit. Such distance shall be calculated in the normal way that a pedestrian would properly walk from the nearest entrance of the existing liquor license to the nearest entrance of the premises seeking the liquor license. This restriction shall not apply to a license to be transferred to the Special Improvement District.
B. 
No plenary retail consumption license may be transferred to any location within 500 feet of any residential zone or residential property as measured from the point upon the outside walls of the building or building lease space containing the business to the nearest property line of the residential property. This restriction shall not apply to a license to be transferred to the Special Improvement District.
[Added 4-22-2014 by Ord. No. 5302]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GO-GO DANCING
Includes any dancing exhibition involving:
(1) 
Dancing in a licentious or sexually suggestive manner;
(2) 
Nude or nearly nude dancing;
(3) 
Dancing in insufficient attire, which shall include attire that:
(a) 
Is so thinly veiled as to allow viewing of most of the female breasts or any of the male or female genital areas;
(b) 
Is so tight as to allow visual observation of the shape of the female breasts or of the female or male genitals; or
(c) 
Is so minimal as to visually expose most or all of the female breasts or any of the male or female genital areas; or
(4) 
Touching between a hired dancer and a patron.
LOCATION RESTRICTION
An establishment's distance from a residential zone or residential property, for purposes of this section, is the shortest linear distance between any part of the outside of the building in which the establishment is located to any part of the outside of the nearest property line of the residential property.
NUDE OR NEARLY NUDE ACTIVITY
(1) 
Includes any person performing, showing, exhibiting, acting or representing in such a manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, or any female showing, performing, exhibiting, acting or representing in such a manner or attire as to expose or view that portion of the breast referred to as the areola or nipple, or simulation thereof.
(2) 
"Nude or nearly nude activity" also includes any person performing, showing, exhibiting, acting or representing any dance, episode or musical entertainment in a lewd or indecent manner so that the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, or for any performer to perform, show, exhibit, act or represent any dance, episode or musical entertainment the purpose or effect of which is to direct the attention of the spectator to the breast, buttocks or genital organs of the performer, whether clothed or unclothed.
RESPONSIBLE PERSON
An owner of an establishment with a retail alcoholic beverage consumption license, an officer or director of a corporate owner of such establishment, an on-premises manager of the establishment, or an on premises person in charge of the establishment.
B. 
Restrictions on go-go dancing. No dancer shall engage in go-go dancing in or about any establishment with a retail alcoholic beverage consumption license in the Township of Union which is located within 1,000 feet of a residential zone or property, and no responsible person shall suffer, permit or allow go-go dancing in any such establishment in the Township of Union which is located within 1,000 feet of a residential zone or property.
[1]
Editor's Note: For similar provisions, see Ch. 203, Amusements and Entertainment, Art. II, Licensing and Regulation.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998; 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Unless otherwise provided for in N.J.S.A. 33:1-1 et seq., any person who shall violate any of the provisions of this article shall, upon conviction, be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $2,000 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.