This article is enacted to authorize and regulate the sale of alcoholic beverages, specifically plenary retail consumption licenses in the Borough of Haddon Heights in accordance with the provisions of an act of Legislature of the State of New Jersey entitled An Act Concerning Alcoholic Beverages, comprising 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 State Director of Alcoholic Beverage Control.
[Adopted 11-5-2025 by Ord. No. 1579]
For the purpose of this article, words and phrases herein shall have the same meaning as N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
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 set forth in this article and N.J.S.A. 33:1-1 et seq. and all other applicable laws of the State of New Jersey or the United States.
C.
License required. No person shall sell or alcoholic beverages within, the Borough without obtaining a license in accordance with the Act referred to in N.J.S.A. 33:1-1 et seq. and the provisions of this article.
D.
Application for license; contents; fee; compliance with law.
(1)
No license shall be issued except upon written application, presented by the person making the application therefor, upon forms to be furnished by the Borough and after compliance with the law respecting publication of notice of intention as required by the Alcoholic Beverage Law, by the rules and regulations of the Director and by this article.
(2)
All applications for licenses shall set forth, in full, answers to questions prescribed by the aforesaid Alcoholic Beverage Law and by the rules and regulations of the Director and shall include declarations called for by the provisions.
(3)
Personal interviews and fingerprints of the applicant shall be performed and conducted by the Haddon Heights Police Department at the Haddon Heights Police Headquarters, Haddon Heights, New Jersey. No license shall be issued to any person, firm, corporation, group or partnership not fully qualified under the provisions of said Act and rules and regulations. The chief of police shall submit a report to the mayor and council upon review of the application in accordance with the Act.
(4)
The application shall be accompanied by the license fee in cash or certified check, as hereinafter prescribed in this article for the class of license requested.
E.
Issuance of license; term.
(1)
No license shall be issued to any person not fully qualified under the provisions of the Alcoholic Beverage Law and the rules and regulations of the Director.
(2)
All licenses shall be for a term of one year from the first day of July in each year.
(3)
Pursuant to N.J.S.A. 33:1-19.1 and the New Jersey Alcoholic Beverage Control Act (N.J.S.A. 33:1-1 et seq.), the Borough may, by resolution, determine to permit the issuance of a plenary retail consumption license to the highest qualified bidder at a public auction in a manner consistent with this enabling ordinance.
F.
Restrictions on location. The plenary retail consumption licenses shall be issued for the sale of alcohol beverages, subject to the following restrictions:
(1)
(2)
No sale of package goods of an alcoholic beverage is permitted.
(3)
The principal and primary business of the licensee shall be that of a "restaurant" as defined in N.J.S.A. 33.1-1(t).
G.
Refund of license fees. Any licensee shall be entitled to a return of the prorated fee for the unexpired term of the license, after deducting as a surrender fee 50% of the license fee paid by him, provided that such licensee shall:
H.
License fees; maximum number.
(1)
The annual fees of licenses for the sale of alcoholic beverages in the Borough shall be as follows:
License | Annual Fee | Number Limited |
|---|---|---|
Plenary retail consumption license | $2,500 | 2 |
(2)
The license fees shall be payable in accordance with the Revised Statutes of New Jersey and rules and regulations promulgated by the Commissioner of Alcoholic Beverage Control.
I.
Licenses authorized. Only the following form of licenses shall be issued:
(1)
Plenary retail consumption license.
J.
Recovery of costs of disciplinary hearings. In order to recoup the costs and fees incurred in or arising out of the institution and holding of a disciplinary hearing held pursuant to N.J.S.A. 33:1-31, the Council of the Borough of Haddon Heights shall have the authority, to impose upon a licensee who, as a result of a disciplinary hearing, is found to have violated any of the Alcoholic Beverage Ordinances of the Borough or Alcoholic Beverage Control laws and regulations of the state, or who, after the commencement of a disciplinary hearing, enters into a settlement agreement in which liability is acknowledged, the reasonable costs and legal fees incurred by the Borough, including for Legal Counsel to the Municipal Council and/or Special Prosecutor, involving or arising out of the hearing, including charges, preparation for the hearing, and prosecution of the charges. After a determination of liability or settlement, the Council will determine the costs and fees and shall inform the licensee in writing the amount assessed and the basis for the calculation of the fees and costs assessed. If the licensee contests the amount of the fees, the licensee shall, within 10 business days of receipt of the assessment and calculation of costs and fees, submit written objections to the assessment or the amount. The Council shall then make a final determination on the assessment of the fees and costs. The licensee's right to appeal from the finding of liability for violations, and/or the assessment of fees and costs, if any, shall commence upon the final determination of the Council as to the assessment of fees and costs. If the parties resolve the charges by settlement agreement after the commencement of a hearing, the parties may provide in the agreement for payment of a specified amount of costs and fees.
A.
Hours of sale. No plenary retail consumption licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, except in accordance with the following schedule of hours:
(1)
No plenary retail consumption licensee or club licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, except in accordance with the following schedule of hours:
(a)
Monday, Tuesday, Wednesday and Thursday: Open: 8:00 a.m. and close: 12:00 a.m. the following day.
(b)
Friday and Saturday: Open: 8:00 a.m. and close: 12:00 a.m. the following day.
(c)
Sunday: Open: 10:00 a.m. and close: 12:00 a.m. the following day.
(d)
New Year's Eve, December 31: Open: 8:00 a.m. and close: 5:00 a.m. the following day, except when New Years Eve is on a Sunday, in which case open shall be no earlier than 10:00 a.m.
B.
Sales to certain persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
C.
Immoral conduct, disturbances and nuisances prohibited. No licensee shall 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 nor shall a licensee allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
D.
Closing provisions; exceptions.
(1)
With respect to each hour above mentioned as the time when sale, service, delivery and consumption shall cease, there shall be an additional 15 minutes in which patrons shall depart the premises and in which the licensee shall clean and close the same. Upon the expiration of the additional 15 minutes, the entire licensed premises shall be vacated and nobody, other than the owner or owners and employees, shall be allowed to remain on the premises after the prescribed hour.
(2)
This specific closing of premises requirement shall not apply to bona fide restaurants. "Restaurants" are hereby defined as establishments, fully equipped with adequate kitchen and dining facilities, trading in and serving foods for on-premises consumption at the selection of the customers and for stated prices. In no event shall the sale alcoholic beverage in the manner consistent herewith, extend past the hours of operation set forth hereinabove.
E.
Security in licensed premises. In all licensed premises which charge an admission fee for patrons to enter the premises, or which have live entertainment and the number of patrons exceeds 100 at any given time, the owner or operator of the premises shall have on duty sufficient security personnel skilled in maintaining security and order on the premises, as well as in any immediately contiguous area, and any parking area. The number of security personnel must be no less than one security person per each entry door, and, in addition thereto, one security person for each 50 patrons, and adequate additional security personnel to maintain peace and security in the contiguous areas and parking areas. All security personnel shall be prohibited from having any duties other than providing security and maintaining order, and shall wear a uniform or clothing, which easily identifies them as security personnel. Each license holder shall be required to submit a security plan to the Chief of Police for approval.
F.
Personnel. Licensees who hire an employee who is permitted by law to carry a firearm must disclose same to the Chief of Police and the Municipal Clerk upon acceptance and termination of employment.
A.
Sale of alcoholic beverages. No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age.
B.
Entering premises. It shall be unlawful for a person under the legal age to enter any premises licensed for the retail consumption sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage.
C.
Consumption; purchase. It shall be unlawful for a person under the legal age to consume any alcoholic beverage on premises licensed for the retail consumption sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage.
D.
Misrepresentation of age. It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail license to sell, serve or deliver any alcoholic beverage to a person under the legal age.
E.
Violations and penalties. Any person who shall violate any of the provisions of this article shall be deemed and adjudged to be a disorderly person, and upon conviction thereof and in accordance with N.J.S.A. 33:1-81, P.L. 1985, c. 113 as amended and supplemented, shall be punished by a fine of not less than $1,000. In addition, the Court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this state for six months beginning on the date he becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the Court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.
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. 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. Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.