[HISTORY: Adopted by the Board of Commissioners
(now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No.
80-12 as Ch. 69 of the 1979 Code. Amendments noted
where applicable.]
No person shall possess with intent to sell,
distribute or transport any alcoholic beverages unless duly licensed
therefor under, or otherwise in compliance with N.J.S.A. 33:1 et seq.
and the amendments thereof and supplements thereto.
The Township Council shall constitute the issuing
authority for the granting of all licenses for the retail sale and
distribution of alcoholic beverages within the Township pursuant to
the authority of Title 33 of the Revised Statutes and the amendments
thereof and supplements thereto.
No club licenses shall be issued or granted.
[Amended 10-26-1982 by Ord. No. 82-42; 2-7-1984 by Ord. No. 84-5; 1-19-2016 by Ord. No.
O-15-039]
The number of licenses shall be:
A.
Plenary
retail consumption licenses: 13.
[Amended 8-7-2018 by Ord.
No. O-18-036]
B.
Plenary
retail distribution licenses: 13.
C.
Hotel consumption license pursuant to and meeting the conditions
of N.J.S.A. 33:1-12.20 for a hotel of at least 100 guest sleeping
rooms: one.
D.
Nonprofit theater consumption license pursuant to and meeting the conditions of N.J.S.A. 33:1-19.8 for a nonprofit corporation with a premises with a seating capacity of 50 persons or more but less than 1,000 persons that is primarily used to conduct musical or theatrical performances or concerts pursuant to § 74-22: three.
[Added 10-11-2022 by Ord. No. O-22-22]
All license fees shall be paid in full, in advance,
at the time of making application.
[Amended 9-9-2003 by Ord. No. 03-53; 4-19-2005 by Ord. No.
05-14]
The annual fees for licenses shall be:
Each applicant for a license shall:
A.
Execute the form of application prescribed by the
Director of the State Division of Alcoholic Beverage Control.
B.
Comply with all the requirements of N.J.S.A. 33-1
et seq. and the amendments thereof and supplements thereto.
C.
Agree that during the term of the license all duly
constituted officers of the Township may have entrance to the premises
at any time of day or night for the purpose of inspecting them to
determine their sanitary conditions and the lawfulness of all enterprises
therein.
D.
Agree to be bound by and faithfully to adhere to and
abide by the provisions of this chapter and all reasonable rules and
regulations of the Police Department as presently or hereafter to
be promulgated.
[Amended 12-19-2017 by Ord. No. O-17-043]
No license shall be issued for any location which is not within a business, commercial or manufacturing zone under Chapter 347, Zoning, except at a location where a business or manufacturing use is being conducted as a valid nonconforming use. Nothing in this section shall be construed to eliminate the necessity of obtaining a variance from the Board of Adjustment if a nonconforming use is being enlarged by the issuance of the license or if there is any other violation of Chapter 347, Zoning, of the Code of the Township of Montclair, nor shall this section apply to the issuance of a one-day permit authorizing the sale of alcoholic beverages for consumption on a designated premises pursuant to the provisions of N.J.S.A. 33:1-74.
No plenary retail consumption license shall
be issued unless the premises on which such licensed business is to
be conducted contains at least 400 square feet of floor space. Such
premises shall be kept in a sanitary condition, shall fully comply
with all rules and regulations of the State and Township Boards of
Health and shall be at all times brightly lighted.
[Amended 11-10-1981 by Ord. No. 81-52; 10-17-1989 by Ord. No.
89-37; 3-14-2006 by Ord. No. 06-09]
A.
Consumption of alcoholic beverages shall be permitted
on licensed premises during the following hours:
(1)
On any weekday between the hours of 12:00 midnight
of the preceding day and 1:30 a.m. and between the hours of 9:00 a.m.
and 12:00 midnight.
(2)
On any Sunday between the hours of 12:00 midnight
of the preceding day and 1:30 a.m. and between the hours of 12:00
noon and 12:00 midnight.
(3)
In addition to the foregoing hours, on New Year's
Day from 12:00 midnight of the preceding day to 4:00 a.m.
B.
Retail sale of alcoholic beverages shall be permitted
on licensed premises during the following hours:
(1)
On any weekday between the hours of 9:00 a.m. and 10:00 p.m. as provided in N.J.S.A. 33:1-1 et seq. and N.J.A.C. 13:2-38.1, except for the sale of wine and malt alcoholic beverages which shall be permitted during the hours set forth in § 74-10A(1) above.
(2)
On any Sunday between the hours of 1:00 p.m. and 8:00 p.m., except for the sale of wine and malt alcoholic beverages which shall be permitted during the hours set forth in § 74-10A(2) above.
(3)
If Christmas Day or New Year's Day falls on a Monday, the sale of any alcoholic beverage for off-premises consumption shall be permitted on the preceding Sunday from 12:00 noon to 8:00 p.m., except for the sale of wine and malt alcoholic beverages which shall be permitted during the hours set forth in § 74-10A(2) above.
During the times when sales are prohibited by § 74-10, the entire licensed premises shall be closed. This requirement shall not apply to hotels, restaurants as defined in N.J.S.A. 33:1-1t or other establishments where the principal business is other than the sale of alcoholic beverages. All licensed premises where alcoholic beverages are kept for sale and display and which are open for any reason at the said prohibited times shall so arrange such beverages that during the times when sale thereof is herein prohibited, such beverages shall be and remain excluded from public view and from all access in a manner approved by the Police Department and the Building Department of the Township.
The barroom and any other room in which alcoholic beverages are served or consumed and any room where such beverages are sold for consumption off the premises shall, at the closing hour and from thenceforth until the opening hour, as prescribed in § 74-10, be open to full view from the public street or public thoroughfare or any other thoroughfare open to the public. During such period of time a full view of the interior of such premises from the said public street or public thoroughfare shall not be obstructed by the use of nontransparent glass or of any shade, blind, shutter, screen, merchandise or any other article placed within or without the licensed premises.
A.
No licensee under this chapter shall employ in the
conduct of his or her licensed business any person who shall not have
first obtained an employment permit from the Chief of Police. No person
shall permit or suffer himself or herself to be so employed without
having first obtained such a permit from the Chief of Police.
B.
No employment permit shall be issued to any person who:
[Amended 12-19-2017 by Ord. No. O-17-043]
(1)
Requires a rehabilitation permit pursuant to N.J.S.A. 33:1-26 and
the amendments thereof and supplements thereto, unless said person
shall first have obtained a permit from the Director of the State
Division of Alcoholic Beverage Control; or
(2)
Is under the age of 18 years, unless said person shall first have
obtained a permit from the Director of the State Division of Alcoholic
Beverage Control.
C.
Each applicant for an employment permit shall be photographed
and fingerprinted, without charge, under the supervision of the Chief
of Police, at such time and place as shall be designated by the said
Chief. The fingerprints shall be marked "noncriminal" and shall be
kept on file in the Police Department.
D.
The Chief of Police is hereby authorized to issue an employment permit to any person making such application therefor who is not disqualified under Subsection B hereof or is not otherwise disqualified from such employment. The employment permit shall state the name of the applicant, his or her age and date of birth, his or her height, color and any distinguishing marks or physical characteristics, and shall have attached thereto his or her photograph.
E.
Each employment permit shall be issued only for one
calendar year, from January 1 to December 31, both inclusive, and
shall expire at 12:00 midnight of December 31 of the year for which
issued.
[Amended 12-19-2017 by Ord. No. O-17-043]
No licensee under this chapter, his or her servant, agent or
employee shall deliver or give away, or cause, permit or procure to
be sold, delivered or given away, any alcoholic beverages to, or allow,
suffer or permit the consumption of any alcoholic beverages by, or
suffer in and upon the said licensed premises, the following:
[Amended 12-19-2017 by Ord. No. O-17-043]
A.
No person under the age of 21 years shall possess, carry, transport,
distribute or consume any alcoholic beverage in or upon any street,
highway, thoroughfare or other public place within the Township.
B.
No person shall cause, allow, permit or suffer any person under the
age of 21 years to possess, carry, transport, distribute or consume
any alcoholic beverage in or upon any street, highway, thoroughfare
or other public place within the Township.
No gambling devices of any kind shall be maintained
and no gambling shall be permitted within any premises on which is
conducted the business of selling alcoholic beverages for consumption
either on or off said premises.
No licensee under this chapter shall discriminate
against any person within said Township in contravention of N.J.S.A.
10:1-2 to 10:1-5, both inclusive, and the amendments thereof or supplements
thereto.
The Township Council may suspend or revoke any
license issued under this chapter for any violation of any provision
of this chapter. This provision shall be deemed in addition to and
not in limitation of the power, authority and right now or hereafter
vested and possessed by the Township Council to suspend or revoke
any license issued by it.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
[Added 1-8-2008 by Ord. No. 07-61]
A.
Any person who purposely or knowingly offers or serves
or makes available an alcoholic beverage to a person under the legal
age for consuming alcoholic beverages shall be guilty of violating
this section.
B.
Any person who purposely or knowingly entices or encourages
a person under the legal age for consuming alcoholic beverages to
drink an alcoholic beverage shall be guilty of violating this section.
C.
Subsections A and B of this section shall not apply a) to a parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages, or b) to a religious observance, ceremony or rite. Subsections A and B shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages.
D.
Any person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who-are under the legal age for consuming alcoholic beverages shall be guilty of violating this section. This Subsection D shall not apply if:
(1)
The real property is licensed or required to be licensed
by the Division of Alcoholic Beverage Control in accordance with the
provisions of N.J.S.A. 33:1-1 et seq.;
(2)
The person making the property available, or leaving
it in the care of another person, is of the legal age to consume alcoholic
beverages and is the parent or guardian of the person who consumes
alcoholic beverages while under the legal age for consuming alcoholic
beverages; or
(3)
The alcoholic beverages are consumed by a person under
the legal age for consuming alcoholic beverages during a religious
observance, ceremony or rite.
E.
Any person who violates any provision of this section
shall, upon conviction thereof; be punished by a fine not exceeding
$2,000, imprisonment in the county or municipal jail for a term not
exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge.
[Added 10-11-2022 by Ord. No. O-22-22]
Pursuant to N.J.S.A. 33:1-19.8:
A.
It shall
be lawful for the governing board or body of any municipality, upon
the approval of the Director of the Division of Alcoholic Beverage
Control, to issue a plenary retail consumption license to a nonprofit
corporation exempt from federal income tax under § 501(c)(3)
of the Internal Revenue Code that is incorporated on the effective
date of this section, which regularly conducts musical or theatrical
performances or concerts for which admission is charged. A license
issued pursuant to this section shall be used in connection with premises
with a seating capacity of 50 persons or more but less than 1,000
persons that is primarily used to conduct musical or theatrical performances
or concerts.
B.
The license
shall authorize the sale of alcoholic beverages by the nonprofit corporation
or its restaurant operator who has been approved pursuant to procedures
established by the Division of Alcoholic Beverage Control for consumption
on the licensed premises:
C.
Licensees
shall be required to provide the Township Clerk and Township Police
Department with at least 10 days' advance notice of the 15 performances,
including the dates and times of the performance(s), when there will
be the sale of alcoholic beverages two hours immediately following
performances.
D.
For the
purposes of this section, "licensed premises" shall include the premises
where the musical or theatrical performance or concert is held and
any adjacent premises owned and operated by the licensee.
E.
A license
issued under the provisions of this section shall not be counted in
determining the number of licenses under P.L. 1947, c. 94 (N.J.S.A.
33:1-12.13), or under P.L. 1968, c. 277 (N.J.S.A. 40:48-2.40 et seq.).
F.
For purposes
of this section, "performance" shall be defined as one showing of
a theatrical performance, movie, musical, or concert.
G.
Licenses
issued under this section are not transferable.
