All licenses required by this chapter shall be issued by the governing body of the City which shall also administer the provisions of this chapter.
A. 
No person shall sell, serve or deliver alcoholic beverages within the City without obtaining a license as required by state law and this chapter and complying with all applicable state and local regulations.
(1) 
Club license. The holder of this license shall be entitled to sell any alcoholic beverages but only for immediate consumption on the licensed premises and only to bona fide club members and their guests. The annual fee for this license is $180.
[Amended 10-2-2007 by Ord. No. 36-2007]
(2) 
Plenary retail consumption license. The holder of this license shall be entitled to sell any alcoholic beverages for consumption on the licensed premises, and also to sell any alcoholic beverages in the original containers for consumption off the licensed premises. No other mercantile business shall be operated on the premises. The annual fee for this license is shall be as follows:
[Amended 10-2-2007 by Ord. No. 36-2007; 11-21-2023 by Ord. No. 39-2023]
Years
Fee
2024/2025
$924
2025/2026
$1,016
2026/2027
$1,118
2027/2028
$1,230
2028/2029
$1,353
2029/2030
$1,488
2030/2031
$1,637
2031/2032
$1,801
2032/2033
$1,981
2033/2034
$2,179
2034/2035
$2,397
2035/2036
$2,500
(3) 
Plenary retail distribution license. The holder of this license shall be permitted to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers. No other mercantile business shall be operated on the premises. The annual fee for this license shall be as follows:
[Amended 10-2-2007 by Ord. No. 36-2007; 11-21-2023 by Ord. No. 39-2023]
Years
Fee
2024/2025
$759
2025/2026
$835
2026/2027
$919
2027/2028
$1,011
2028/2029
$1,112
2029/2030
$1,223
2030/2031
$1,345
2031/2032
$1,480
2032/2033
$1,628
2033/2034
$1,791
2034/2035
$1,970
2035/2036
$2,167
2036/2037
$2,384
2037/2038
$2,500
(4) 
Hotel or motel license. This license is a plenary retail consumption license issued to a hotel or motel with 100 or more guest sleeping rooms.
B. 
Every license shall be prominently displayed in a conspicuous place in the licensed premises so that it is open to public view. Any omission to do this shall be presumptive evidence that the premises are not licensed to sell alcoholic beverages.
[Amended 5-1-2012 by Ord. No. 16-2012; 7-5-2016 by Ord. No. 28-2016]
A. 
Applications for all licenses required by this chapter shall be made in writing to the City Clerk on a form approved by the state and the City. Each application shall contain the information required by state law and the information required below.
(1) 
The name and address of the applicant, including social security number;
(2) 
The location of the premises to be licensed;
(3) 
The type of license desired;
(4) 
The time period for the license;
(5) 
The names and addresses of all persons who have a financial interest in the premises to be licensed and the license applied for, including their social security number;
(6) 
Indicate the nature and extent of the financial interest that each person has in the premises to be licensed and the license applied for;
(7) 
Indicate whether any person having a financial interest has been convicted of a crime involving moral turpitude in this state or any other state; and
(8) 
Such other information as is required on the application form approved by the state and the City.
B. 
The application filed with the City Clerk shall be accompanied with the required license fee and such additional information as may be required by state and local law, including the financial records of the applicant which discloses the source of all funds utilized in the acquisition of the business and license.
C. 
Upon the receipt of an application for a license which necessitates an inspection or investigation before the issuance of a license, the City Clerk shall refer a copy of the application to the proper City officials who are required to take further action within 48 hours from the date when the application is filed. The municipal officials charged with the duty of making an inspection or investigation shall make a written report and file it with the City Clerk within 10 days of receiving a copy of the application.
D. 
Approval standards. The governing body of the City shall issue a license to all applicants who have filed the required application with the City Clerk, paid the required fees, complied with the applicable state statutes and state regulations, complied with the regulations contained herein, and who have complied with the approval standards set forth below.
(1) 
Background investigation. The Chief of Police or his designee shall conduct a character and criminal background investigation of each applicant and each person having a financial interest in the business and file a written report with the City Clerk. Each person shall be fingerprinted and photographed by the Millville Police Department.
(2) 
Financial investigation. The City Clerk or his designee shall conduct a financial investigation of each applicant and each person having a financial interest in the business and prepare a written report for the governing body. This investigation shall include the source of all funds utilized in the acquisition of the business and license.
(3) 
BOCA Property Maintenance Code (Chapter 11, Article XI).[1] The Bureau of Permits and Inspections shall make an inspection of the business premises to insure compliance with the code and file a written report with the City Clerk.
[1]
Editor's Note: See Ch. 11, Art. VI, Property Maintenance Code.
(4) 
Land Use and Development Regulations (Chapter 30). The Zoning Officer shall make an inspection of the business premises to insure compliance with the Land Use and Development Regulations and file a written report with the City Clerk.
(5) 
State Uniform Construction Code. The Construction Official and the subcode officials shall make inspections of the business premises to insure compliance with the State Uniform Construction Code and file a written report with the City Clerk.
(6) 
State Uniform Fire Code. The Fire Official shall make an inspection of the business premises to insure compliance with the State Uniform Fire Code and the retrofit regulations and file a written report with the City Clerk.
E. 
Subsequent convictions. The applicant, licensee, and each person having a financial interest in the business shall report to the City Clerk within 10 days any and all criminal convictions occurring subsequent to the filing of the application or the issuance of the license.
A. 
An applicant for a license may be denied a license, or any license issued may be suspended or revoked for any of the following causes:
(1) 
If the applicant has falsified any of the contents of the application for a license or any of the documents or written information supplied as part of the application process.
(2) 
If the applicant or licensee has violated any of the provisions of the Alcoholic Beverage Control Act, N.J.S.A 33:1-1 et seq.
(3) 
If the applicant or licensee has violated any of the provisions of the Alcoholic Beverage Control Regulations, N.J.A.C 13:2-1 et seq. and 13:3-1 et seq.
(4) 
If the applicant or licensee has violated any of the regulations contained in this chapter.
(5) 
If the applicant or licensee has been convicted of a crime involving moral turpitude in this state or any other state.
(6) 
If the applicant or licensee has violated the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. in connection with the operation of the licensed premises.
(7) 
If the applicant or licensee has violated any special conditions imposed on the license by the governing body.
(8) 
For any other cause designated by this chapter.
B. 
No license shall be denied nor shall any license be suspended or revoked without a hearing before the governing body. No suspension or revocation of any license shall be made until a five-day written notice of the charges preferred against the licensee has been served on the licensee personally or by certified mail at the licensed premises, and a reasonable opportunity for a hearing before the governing body has been afforded the licensee.
C. 
In the event of a denial, suspension or revocation of any license by the governing body, the licensee may file an appeal in writing to the Director of the Division of Alcoholic Beverage Control within 30 days after the date of service or of mailing of the written notice of the action taken by the governing body.
A. 
Any licensee violating any of the provisions contained in this chapter, or any applicable state statute or state regulation shall receive a penalty which is consistent with the penalties set forth in the Alcoholic Beverage Control Penalty Schedule published by the Director of the Division of Alcoholic Beverage Control.
B. 
Any person other than a licensee convicted of violating any of the provisions contained in this chapter shall be punished by a fine of not less than $50 and not more than $500, be required to perform community service not to exceed 30 days, or be incarcerated for a period of time not to exceed 30 days, or any combination of the foregoing, in the discretion of the Municipal Court.