[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.
[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]
A. 
The fee for a plenary retail consumption license shall be $2,300.
B. 
The fee for a plenary retail distribution license shall be $1,600.
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.