This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Borough of Norwood
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.
For the purpose of this article, words and phrases
herein shall have the same meanings as in N.J.S.A. 33:1 et seq. and
the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
[Amended 5-4-2005 by Ord. No. 05:06]
A. Restrictions. No plenary retail consumption license
or plenary retail distribution license shall be issued, nor shall
any place-to-place transfer of an existing license be granted for
the service or sale of alcoholic beverages upon the premises that
are within 200 feet of any existing premises licensed to sell or serve
alcoholic beverages under another plenary retail consumption license
or plenary retail distribution license. The distance shall be measured
from the nearest entrance of the nearest licensed premises to the
nearest entrance of the premises sought to be licensed along the normal
way that a pedestrian would probably walk as provided in N.J.S.A.
33:1-76.
B. Exceptions. Subsection
A of this section shall not apply to the following cases:
(1) The renewal or person-to-person transfer of any plenary
retail consumption license or plenary retail distribution license
that is in existence at the time of the adoption of this article;
or
(2) The transfer of a license to another place within 200 feet of the premises for which the license was granted, measured in the manner provided in Subsection
A of this section, where the licensee has been forced to vacate the licensed premises for any reason that is not under its control and that could not have been foreseen when the license was granted. Once a transfer is granted under this section, future transfers of the same license shall be only to a place within 200 feet of the premises initially licensed and vacated by the licensee. Place-to-place transfers under the provisions in this subsection are not a matter of right, but shall be granted only in the discretion of the Mayor and Council.
(3) A licensee that has been permitted to relocate within 200 feet of another licensed premises in accordance with Subsection
B(2) shall have the same right to expand or enlarge the premises covered by its license as it would have had he remained at the premises initially licensed and vacated.
C. Waiver on extraordinary circumstances. Notwithstanding the provisions of Subsections
A and
B of this section, the Mayor and Council may issue or transfer a license for the sale of alcoholic beverages of any category, as the same are set forth and defined in N.J.S.A. 33:1-1 et seq., within a two-hundred-foot radius of the premises for which a license for the sale of alcoholic beverages of any category is outstanding, if extraordinary and exceptional circumstances necessitate an exception to the two-hundred-foot radius limitation.
This article shall be enforced by the Police
Department of the Borough.