[1991 Code § 57-1]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Hightstown in accordance with the provisions of an Act of Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages" (Chapter 436 of the Laws of 1933), its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1991 Code § 57-2]
For the purpose of this article, words and phrases herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1991 Code § 57-3; Ord. No. 1997-1; Ord. No. 2004-01]
A. 
Laws Applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in Article 6-1, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing Authority. All licenses required by this article shall be issued by the Borough Council, which shall also administer the provisions of this article.
C. 
License Required. No person shall sell or distribute alcoholic beverages within the Borough of Hightstown without having obtained a license in accordance with the Act referred to in § 6-1-1 and the provisions of this article, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
D. 
License Fees; Maximum Number.
(1) 
The annual fees for licenses for the sale and distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
Annual License Fee
Plenary Retail Consumption License:
For licensing period July 1, 2004 - June 30, 2005
$2,200
For licensing period July 1, 2005 - June 30, 2006
$2,400
For subsequent licensing periods
$2,500
Plenary Retail Distribution License:
For licensing period July 1, 2004 - June 30, 2005
$2,200
For licensing period July 1, 2005 - June 30, 2006
$2,400
For subsequent licensing periods
$2,500
(2) 
The limitations imposed hereby shall be subject in all respects to the laws of the State of Jersey regarding the sale of alcoholic beverages.
(3) 
No plenary retail distribution license shall be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on.
(4) 
No club licenses shall be granted within the Borough.
(5) 
No more than one retail license shall be granted to any person, provided that nothing herein shall operate to disqualify a guardian, executor, administrator, trustee, receiver or any other fiduciary or court officer from obtaining or holding more than one such license in different official capacities.
[1991 Code §§ 57-4 and 57-6; Ord. No. 1997-1; Ord. No. 1999-18]
A. 
Hours of Sale; Weekdays.
(1) 
No licensee shall sell, serve or deliver or allow, or permit the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on a licensed premises on weekdays between 2:00 a.m. and 7:00 a.m. of the following weekday morning.
(2) 
The above mentioned hours shall be construed to mean Eastern Standard Time or Eastern Daylight Savings Time, whichever time shall be in effect within the Borough of Hightstown.
B. 
Sundays. No licensee shall sell, serve, deliver or allow, or permit the sale, service and delivery or consumption of any alcoholic beverage on a Sunday between the hours of 2:00 a.m. and 9:00 a.m.
C. 
Hours of Sale for Off-Premises Consumption. No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage at retail in the original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original or opened container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week. However, whenever the sale of alcoholic beverages for consumption on the premises is authorized by the holder of a retail consumption or retail distribution license, the sale of wine or malt alcoholic beverages, in original bottle or can containers, shall also be authorized for consumption off the premises on the same days and during the same hours that the sale of alcoholic beverages for consumption on the premises is permitted and authorized.
D. 
New Year's Day. No licensee shall sell, serve, deliver or allow, or permit the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage upon the licensed premises on New Year's Day between the hours of 3:00 a.m. and 7:00 a.m.
E. 
Restrictions on Issuance and Transfer of Licenses.
(1) 
No plenary retail consumption license or plenary retail distribution license shall be issued for or transferred to premises within 1,000 feet of any other premises licensed under a plenary retail consumption or plenary retail distribution license or within 500 feet of a residential zone.
(2) 
The distance set forth shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of the premises sought to be licensed.
F. 
Intoxicated Persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person, or permit the consumption of alcoholic beverages on any licensed premises by any intoxicated person.
G. 
Closing Provisions. During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee.
[1991 Code § 57-7; Ord. No. 1997-1]
A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable Statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
[1]
Editor's Note: Former § 6-1-6, Minors, was repealed by Ord. No. 1999-18.