[Adopted 7-12-1938 by Ord. No. 74]
This article is for the purpose of fixing the license fees and regulating the sale of alcoholic beverages in the Borough of Clementon, County of Camden and State of New Jersey, in accordance with the provisions of the Revised Statutes of New Jersey, Title 33, Chapter 1, otherwise known as the "Alcoholic Beverage Law," and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable hereto, and in accordance with the rules and regulations existing herein or hereafter adopted by competent municipal authority not inconsistent with said act or said rules and regulations of said State Commissioner.
It shall be unlawful to sell or distribute alcoholic
beverages otherwise than as provided in this article and/or said act.
The Borough Council of the Borough of Clementon,
County of Camden, being the governing body of said municipality, shall
constitute the authority for the distribution or issuance of licenses
hereunder.
[Amended 2-3-1948 by Ord. No. 98]
There shall be two types of alcoholic beverage
licenses issued, which shall be known as:
[Amended 2-3-1948 by Ord. No. 98]
A.
No more than six plenary retail consumption licenses
shall be in effect in this community at any time hereafter.
B.
No more than one plenary retail distribution license
shall be in effect in this community at any time hereafter.
C.
No plenary retail consumption or plenary retail distribution
license shall be issued for or transferred to any premises located
within 500 feet of premises for which a plenary retail consumption
or plenary retail distribution license shall then be outstanding;
provided, however, that this shall not prevent renewal for the same
premises of licenses outstanding upon the adoption of this article
or the person-to-person transfer of such licenses and the renewal
of licenses so transferred. The distance hereinabove set forth shall
be measured in the normal way that a pedestrian would properly walk
from the nearest entrance of licensed premises to the nearest entrance
of the premises sought to be licensed.
D.
Nothing in this section shall prevent the renewal
of licenses outstanding upon the adoption of this article or the person-to-person
transfer of such licenses and the renewal of licenses so transferred.
[Amended 2-3-1948 by Ord. No. 98]
A.
The license fee for each and every plenary retail
consumption license shall be the sum of $2,148.25 per annum.
[Amended 7-22-1991 by Ord. No. 91-11; 5-26-1992 by Ord. No. 92-7; 3-22-1993 by Ord. No. 93-1; 6-27-1994 by Ord. No. 94-11; 6-16-2015 by Ord. No. 2015-07; 5-17-2016 by Ord. No.
2016-06; 3-21-2017 by Ord. No. 2017-04; 6-19-2018 by Ord. No. 2018-08; 5-7-2019 by Ord. No. 2019-06]
B.
The license fee for each and every plenary retail
distribution license shall be the sum of $1,074.12 per annum.
[Amended 7-22-1991 by Ord. No. 91-11; 5-26-1992 by Ord. No. 92-7; 3-22-1993 by Ord. No. 93-1; 6-27-1994 by Ord. No. 94-11; 6-16-2015 by Ord. No. 2015-07; 5-17-2016 by Ord. No.
2016-06; 3-21-2017 by Ord. No. 2017-04; 6-19-2018 by Ord. No. 2018-08; 5-7-2019 by Ord. No. 2019-06]
C.
All license fees shall be paid in cash or by certified
check to the order of the Borough of Clementon, New Jersey, and shall
accompany the application or renewal thereof. All such moneys or checks
shall be turned over by the Borough Clerk when and as received to
the Borough Treasurer.
D.
The Borough Clerk is hereby designated as the proper
person to sign all licenses on behalf of the Borough Council.
[Amended 8-16-1965 by Ord. No. 65-11; 11-26-1979 by Ord. No.
79-10]
A.
No alcoholic beverages shall be sold, served or delivered,
nor shall any licensee suffer or permit the sale, service or delivery
of any alcoholic beverages upon the licensed premises, directly or
indirectly, between the hours of 3:00 a.m. and 6:00 a.m. on Sundays.
It is further provided that music shall be stopped between the hours
of 3:00 a.m. and 6:00 a.m. on weekdays and between the hours of 2:00
a.m. and 6:00 a.m. on Sundays and that all lights in the portion of
the licensed premises used for the dispensing of alcoholic beverages
shall be extinguished not later than 3:30 a.m. weekdays and Sundays.
It is further provided that on weekdays the licensed premises shall
be closed and no persons other than the licensee and bona fide employees
permitted to enter or remain thereon between the hours of 3:30 a.m.
and 6:00 a.m. and on Sundays between the hours of 3:30 a.m. and 6:00
a.m. It is further provided that the above provisions shall not apply
on New Year’s Day, when alcoholic beverages may be sold, served
and delivered and when music may be continued and when premises may
be lighted and members of the public permitted to remain thereon until
the hour of 5:00 a.m.
[Amended 11-21-2006 by Ord. No. 2006-20]
B.
The sale of wine and malt alcoholic beverages in original
bottles or can containers for consumption off the premises shall be
permitted during the weekday hours, the Sunday hours and the New Year's
Day hours as set forth above.
[Added 4-27-1981 by Ord. No. 81-3]
C.
Except for wine and malt alcoholic beverages as set
forth above, no licensee shall sell or deliver or allow, permit or
suffer the sale or delivery of any other alcoholic beverage, at retail,
in its original container, for consumption off the licensed premises
or allow, permit or suffer the removal of any alcoholic beverage in
its original or opened container from the retail licensed premises
before 9:00 a.m. or after 10:00 p.m. on weekdays and weekends.
[Added 4-27-1981 by Ord. No. 81-3; amended 11-21-2006 by Ord. No. 2006-20]
Every license shall be exposed to public view
in a conspicuous place in the place licensed, and any omission so
to do shall be presumptive evidence that the place where alcoholic
beverages are being sold is unlicensed.
Curtains and screens at the windows and doors
of all licensed places shall be so arranged that the interior of the
places licensed shall be fully exposed to public view at all times
from the public thoroughfare or from adjacent rooms to which the public
is fully admitted.
No licensee shall sell, serve, deliver or allow,
permit or suffer the service or delivery of any alcoholic beverage,
directly or indirectly, to any persons under the age of 21 years,
or allow, permit or suffer the consumption of alcoholic beverages
by any such person upon the licensed premises.
A.
Any person who shall sell or distribute any alcoholic
beverage in violation of any of the provisions of this article shall
be subject to a fine of not more than $200 or imprisonment for not
more than 90 days, or both such fine and imprisonment, in the discretion
of the court.
B.
Any license issued pursuant to this article may be
suspended or revoked for violation of any of the provisions of this
article or for violations of any of the provisions of said Act or
any of the rules or regulations provided by the State Commissioner
of Alcoholic Beverage Control.
A.
No plenary retail consumption license shall be issued
to permit the sale of alcoholic beverages in or upon any premises
in which a grocery, delicatessen, drugstore, or other mercantile business
(except the keeping of a hotel or restaurant, or the sale of cigars
or cigarettes at retail as an accommodation to patrons of the licensee,
or the retail sale of nonalcoholic beverages as an accessory beverage
to alcoholic beverages) is carried on.
B.
The premises for which a plenary retail consumption
license shall be granted shall be separate and distinct from any other
premises in which other businesses may be carried on and shall be
divided from such other premises by a wall completely separating the
licensed premises from the premises in which any other business is
carried on. There shall be no communication way of ingress or egress
to and from said licensed premises to any other part of the premises
carrying on any other kind of business. There shall be no glass partitions
used whereby the goods in the licensed premises are visible to customers
or patrons in an establishment or business adjacent thereto. Entrance
to the licensed premises shall be from the main thoroughfare or thoroughfares,
although a door in the rear shall be permissible for the purpose of
exit.
Only one plenary retail consumption license
shall be granted to any person, corporation, partnership, limited
partnership or association regardless of the number of different places
or businesses conducted by such person, corporation, partnership,
limited partnership or association. The license granted shall cover
only the licensed premises.
A.
Nothing herein contained shall prevent the transfer
of a license from person to person as provided in said Act, and any
such transfer shall not be affected by the limitation hereby placed
upon the issuance of new licenses.
B.
Licenses may be transferred from place to place in
accordance with the provisions of said Act (N.J.S.A. 33:1-26 Control
Act Session 23). The Borough Council reserves the right to deny the
transfer of any license from place to place upon good and sufficient
cause.
