[HISTORY: Adopted by the Mayor and Council
of the Borough of Chatham 4-1-1935 (Ch. 48 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds (consumption of alcoholic beverages restricted) — See Ch. 195.
Food-handling establishments — See
Ch. 284.
This chapter is for the purpose of fixing license
fees and regulating the sale and distribution of alcoholic beverages
in the Borough of Chatham in accordance with the provisions of an
act of the Legislature of New Jersey entitled "An Act Concerning Alcoholic
Beverages," being Chapter 436 of the Laws of 1933, its supplements
and amendments,[1] and in accordance with the rules and regulations issued
or to be issued by the State Commissioner of Alcoholic Beverages Control
applicable thereto.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
All applications for licenses under this chapter
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 applicable thereto,
and shall be subject to any other statutes of New Jersey or of the
United States now extant or hereafter enacted affecting such subject
matters.
The Council of the Borough of Chatham, being
the governing body of said municipality, shall constitute the authority
for the issuance of licenses under this chapter and shall forthwith
report the issuance of all such licenses to said State Commissioner
of Alcoholic Beverage Control.
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.
It shall be unlawful to sell or distribute alcoholic
beverages in the Borough of Chatham without a license previously applied
for and granted, pursuant to the provisions of said act.
[Added 12-4-1939; amended 12-16-1940; 11-8-1948; 11-17-1952; 3-9-1953; 9-9-1957 by Ord. No.
1-4.7; 7-10-1967 by Ord. No. 1-4.10(67); 5-11-1970 by Ord. No. 1-4.12(70); 4-12-1971 by Ord. No. 1-4.12A; 5-12-1975 by Ord. No. 5-75]
The number of plenary retail consumption licenses
shall be limited to four and the number of plenary retail distribution
licenses shall be limited to four.
[Amended 4-11-1955; 5-9-1960 by Ord. No.
1-4.9; 4-13-1970 by Ord. No. 1-4.11(70); 4-13-1981 by Ord. No. 3-81; 5-23-1983 by Ord. No. 12-83; 5-28-1985 by Ord. No. 11-85; 4-13-1987 by Ord. No. 3-87; 4-10-1989 by Ord. No. 6-89; 4-25-2005 by Ord. No. 05-09]
All premises in which said alcoholic beverages
shall be sold or otherwise dispensed, except those which hold club
licenses, 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 12-4-1939; 12-18-1939; 7-7-1943; 3-10-1958 by Ord. No. 1-4.8; 11-7-1967; 11-6-1968; 5-12-1975 by Ord. No. 5-75; 2-13-2017 by Ord. No. 17-03]
A.
Sale
of alcoholic beverages for on-premises consumption and sale of wine
and malt beverages for off-premises consumption. No plenary retail
consumption licensee or any agent, servant or employee of any licensee
shall sell, serve, distribute or deliver or allow, permit or suffer
the sale, service, distribution or delivery of any alcoholic beverage
for consumption on any licensed premises on any weekday or Saturday
between the hours of 2:00 a.m. and 8:00 a.m., prevailing time, or
on Sunday between the hours of 2:00 a.m. and 10:00 a.m., prevailing
time.
B.
Sale of alcoholic beverages for off-premises
consumption. No licensee permitted to sell at retail for off-premises
consumption or any agent, servant or employee of any licensee, shall
sell, serve, distribute or deliver or allow, permit or suffer the
sale, service, distribution or delivery of any alcoholic beverage
at retail in its original container for consumption off the licensed
premises on any weekday or Saturday before 9:00 a.m. or after 10:00
p.m., prevailing time, and on Sunday before 10:00 a.m. and after 9:00
p.m., prevailing time, except that wine and malt alcoholic beverages
in original containers may be sold for off-premises consumption on
the same days and during the same hours as the sale of alcoholic beverages
for consumption on premises is permitted in the Borough.
[Amended 7-8-2019 by Ord. No. 19-12]
C.
Closing
provisions. During the hours that the sale of alcoholic beverages
are hereinabove prohibited, the entire licensed premises shall also
be closed, and no person shall be admitted or permitted to remain
therein except the licensee or bona fide employees of the licensee,
however, restaurants as defined in N.J.S.A. 33:1-1t, hotels, delicatessens,
drug stores, or grocery stores may remain open for the conduct of
business other than the sale of alcoholic beverages.[1]
[1]
Editor's Note: Former § 48-10, Certain
sales prohibited, as amended 5-12-1975 by Ord. No. 5-75, which immediately
followed this section, was deleted 4-25-2005 by Ord. No. 05-09.
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.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, § 1-14. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
