[Adopted as Secs. 6-1 through 6-7 of the 1997 Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the City of Cape May in accordance with the provisions of an act of the 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.
[Amended by Ord. No. 740]
For the purposes of this article, words and phrases shall have the same meanings as set forth in N.J.S.A. 33:1-1 et seq., the rules and regulations of the Division of Alcoholic Beverage Control, N.J.S.A. 39:1-1 et seq., and all other applicable statutes and rules of the State of New Jersey, including all amendments and supplements thereto.
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 § 134-1, 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 City Council, which shall also administer the provisions of this article.
C. 
License required. No person shall sell or distribute alcoholic beverages within the City without having obtained a license in accordance with the Act referred to in § 134-1 and the provisions of this article.
D. 
License fees.
[Amended by Ord. No. 639; Ord. No. 740; Ord. No. 883; Ord. No. 1039-95; 10-21-2003 by Ord. No. 1307-2003; 6-15-2004 by Ord. No. 1342-2004]
(1) 
The annual license fees for sale or distribution of alcoholic beverages in the City of Cape May shall be as follows:
(a) 
Plenary retail consumption license:
[1] 
2004-2005 license term: $2,146.80.
[2] 
2005-2006 license term: $2,500.00.
[Amended 5-3-2005 by Ord. No. 30-2005]
[3] 
Every term thereafter $2,500.00.
(b) 
Plenary retail distribution license:
[1] 
2004-2005 license term: $714.00.
[2] 
2005-2006 license term: $856.80.
[3] 
2006-2007 license term: $1,028.16.
[4] 
2007-2008 license term: $1,233.79.
[5] 
2008-2009 license term: $1,480.55.
[6] 
2009-2010 license term: $1,776.66.
[7] 
2010-2011 license term: $2,131.99.
[8] 
2011-2012 license term: $2,500.00.
[9] 
Every term thereafter: $2,500.00.
(c) 
Club license:
[1] 
License term: $188.00.
(2) 
The annual license fees herein established shall immediately apply to all new licenses or transferred licenses. For all other existing licenses, fees herein established shall take effect commencing with the first renewal subsequent to the date of the passage of this subsection.
A. 
Maximum number.
[Amended by Ord. No. 740]
(1) 
The number of liquor licenses, except club licenses, issued and outstanding in the City shall not exceed the number allowed by state law.
(2) 
The limitation provided for in Subsection A(1) shall not prevent the issuance of renewals of outstanding plenary retail consumption licenses to persons holding these licenses as of December 1, 1944.
(3) 
The limitation provided for in Subsection A(1) shall not prevent the transfer of plenary retail consumption licenses from person to person or from place to place, or both, for the renewal of these licenses transferred, according to law and the rules and regulations of the State Director of Alcoholic Beverage Control.
(4) 
No new licenses shall be issued until the number outstanding shall be reduced by surrender, revocation or nonrenewal to less than the number limited by state statutes. This shall not be applicable to club licenses, nor to bona fide hotels as defined in N.J.S.A. 33:1-1 et seq., having a capacity of more than 100 guest sleeping rooms or 50 guest sleeping rooms if the license was in effect on December 31, 1968.
B. 
Location.
(1) 
No license of any class for the sale or distribution of alcoholic beverages shall be granted for or on premises situated on the ocean side of the boardwalk or the promenade now or hereafter constructed to replace the boardwalk or promenade anywhere along the Atlantic Ocean.
(2) 
No person shall sell, serve or deliver any alcoholic beverages in or on any building, dock, pier or other premises situated on the ocean side of the boardwalk or the promenade now or hereafter constructed to replace the boardwalk or any extension of the boardwalk or promenade anywhere along the Atlantic Ocean, except under a special permit granted by the State of New Jersey.
[Amended by Ord. No. 398; Ord. No. 442; Ord. No. 595; Ord. No. 740; Ord. No. 1272-2002; 9-19-2006 by Ord. No. 76-2006]
No alcoholic beverage shall be sold in the City between the following hours on the following days:
A. 
Sundays.
[Amended 6-6-2017 by Ord. No. 321-2017; Ord. No. 347-2018]
(1) 
Friday preceding Memorial Day to September 30, inclusive: 3:00 a.m. to 10:00 a.m.
(2) 
Remainder of the year: 2:00 a.m. to 10:00 a.m.
(3) 
With respect to those premises offering on-site consumption under, a plenary retail consumption license, the restriction on alcoholic beverage sales for on-site consumption shall be until 8:00 a.m. This exception shall not apply to the sale of alcoholic beverages for off-site consumption. Additional package goods sales from premises operating under a plenary retail consumption license, and all premises operating under a plenary retail distribution license are not permitted until 10:00 a.m., as required by § 134-5A(1) and (2) hereinabove.
B. 
Mondays through Thursdays.
(1) 
Friday preceding Memorial Day to September 30, inclusive: 3:00 a.m. to 7:00 a.m.
(2) 
Remainder of the year: 2:00 a.m. to 7:00 a.m.
C. 
Fridays and Saturdays.
(1) 
May 1 through October 15, inclusive: 3:00 a.m. to 7:00 a.m.
(2) 
Remainder of the year: 2:00 a.m. to 7:00 a.m.
D. 
Notwithstanding the foregoing, on the eves of New Year's, Thanksgiving, Christmas and Easter, the closing times shall, in all cases, be extended to 3:00 a.m.
E. 
All music, including live, mechanical and canned, including jukeboxes, loudspeakers and stereos, in all licensed premises must cease at the later of one hour prior to the time the sale of alcoholic beverages must cease or 2:00 a.m.
F. 
All patrons must be out of and off licensed premises within 15 minutes subsequent to the time that the sale of alcoholic beverages must cease.
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, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons, or permit any such persons to congregate in or about the licensed premises.
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.