[Adopted 6-18-1940 by Ord. No. 292]
The Mayor and City Council of the City of North Wildwood, Cape May County, New Jersey, be and is hereby authorized to issue licenses for the sale of alcoholic beverages under and by virtue of the Revised Statutes of New Jersey 1937, Title 33, as amended and supplemented.
[Amended 3-6-1946 by Ord. No. 310; 4-1-1975 by Ord. No. 6434-3-1979 by Ord. No. 729; 2-18-1986 by Ord. No. 918; 3-19-1991 by Ord. No. 1085; 5-7-2002 by Ord. No. 1415; 10-18-2011 by Ord. No. 1601; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The fees for all licenses for the sale of alcoholic beverages, as prescribed by law, hereby are fixed as follows:
A. 
Plenary retail consumption licenses: $2,500 per annum.
B. 
Plenary retail distribution licenses: $2,500 per annum.
C. 
Club licenses: $150 per annum.
[Amended 12-19-2017 by Ord. No. 1734]
All licenses shall be issued for a period of one year, commencing July 1 in each year. No seasonal retail consumption license or limited retail distribution license shall be issued. Applications for the annual renewal of licenses shall be filed in accordance with the rules and instructions that, from time to time, are promulgated by the Division of Alcoholic Beverage Control of the State of New Jersey.
A. 
There shall not be more than 18 plenary retail consumption licenses outstanding in the City of North Wildwood at the same time; provided, however, that this shall not prevent the issuance of new licenses subsequent to the adoption of this regulation, in excess of this limitation, to bona fide hotels, and further provided that all licenses issued to bona fide hotels pursuant to this exception shall be conditioned that the licensed premises shall continue to be operated as a bona fide hotel, and that for the violation of the condition, the license may be suspended or revoked.
[Amended 6-20-1944 by Ord. No. 303]
B. 
There shall not be more than two plenary retail distribution licenses outstanding in the City of North Wildwood at the same time; provided, however, that this limitation shall not prevent the issuance of renewals of licenses to persons holding licenses at the time this article was adopted, and provided further that this limitation shall not prevent the transfer and renewal of licenses according to law.
C. 
Existing plenary retail consumption licenses may be granted for premises located in the P-Pier and RH-Resort Hotel Zoning Districts in the City pursuant to the conditions that are set forth in § 276-46I and J of the Code of the City of North Wildwood.[1]
[Amended 5-9-1995 by Ord. No. 1208; 9-10-2002 by Ord. No. 1420; 12-19-2017 by Ord. No. 1734
[1]
Editor's Note: Original § 114-4D of the 1981 Code, regarding approaches and connections to the Boardwalk, which previously followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 7-16-1963 by Ord. No. 446; amended 3-17-1970 by Ord. No. 542; 5-2-2006 by Ord. No. 1496]
Nothing in § 114-4A of the hereinabove-entitled article, as amended by Ordinance No. 303, adopted June 20, 1944, shall be deemed to prohibit issuance of a new plenary retail consumption license to any individual, partnership or corporation operating a hotel or motel containing at least 100 bona fide sleeping rooms; provided, however, that a new license issued pursuant to this article shall be conditioned upon continuation of operation of the establishment as a hotel or motel containing at least 100 bona fide sleeping rooms, and provided further that there shall be no renewal or transfer of such license except for or to premises operated by the licensee as a hotel or motel containing at least 100 bona fide sleeping rooms, and provided further that as to each of the 100 or more sleeping rooms, there shall be toilet facilities connected therewith as a unit, and provided further that in addition to the 100 or more sleeping rooms in the establishment, there shall be a full service restaurant located within the confines of the hotel/motel property and which shall be open only when the entire hotel/motel also is open for the rental rooms to the public and which shall be subject to the regulations set forth in § 114-6.
[Added 1-21-1964 by Ord. No. 450; amended 3-17-1970 by Ord. No. 542]
A. 
The maximum number of hotel and/or motel licenses to be issued pursuant to the provisions of this article shall be four including the one license heretofore issued pursuant to the provisions of Ordinance No. 446.
B. 
The premises for which a hotel/motel license is issued shall be subject to the following regulations:
[Amended 5-2-2006 by Ord. No. 1496]
(1) 
No signs encouraging, promoting or advertising the sale and consumption of alcoholic beverages shall be permitted on the exterior of the premises.
(2) 
The sale of alcoholic beverages shall only be permitted between the hours of 12:00 noon and 1:00 a.m., prevailing time, and no consumption shall be permitted after 1:30 a.m., prevailing time, and prior to 12:00 noon, prevailing time. Neither the sale or consumption of alcoholic beverages shall be permitted in outside areas after 10:00 p.m., prevailing time, of any day.
(3) 
Room service may include the delivery, by the licensee, of alcoholic beverages in original containers to guests of the hotel/motel in the regular course of business and in accordance with the provisions of N.J.S.A. 33:1-12.25 only if food service to rooms also is offered.
(4) 
Service of alcoholic beverages to persons utilizing the areas immediately surrounding swimming pools is permitted so long as said areas have been licensed in accordance with the provisions of Chapter 114 of the Code of the City of North Wildwood and Title 33 of the New Jersey Statutes and any applicable regulations issued thereunder. Musical entertainment, whether live or recorded, in exterior areas adjacent to swimming pools shall not be permitted prior to 12:00 noon, prevailing time, and shall not be permitted after 10:00 p.m., prevailing time. Except as may otherwise be set forth herein, all entertainment shall be subject to the provisions of Chapter 308, Noise, of the Code of the City of North Wildwood.
(5) 
Alcoholic beverages may not be removed from the licensed premises by patrons at any time. Alcoholic beverages that are delivered to hotel/motel units pursuant to the room service provisions set forth above may not be removed from the unit to which they are delivered. Packaged goods sales are not permitted to hotel/motel rooms.
C. 
Restaurants on the Boardwalk operating under a hotel/motel license shall be subject to all conditions set forth in § 276-46I.
[Added 5-2-2006 by Ord. No. 1496; amended 5-4-2021 by Ord. No. 1838]
D. 
All regulations of the New Jersey Division of Alcoholic Beverage Control and all regulations contained in Chapter 114 of the Code of the City of North Wildwood remain applicable to hotels/motels to which a hotel/motel license is issued.
[Added 5-2-2006 by Ord. No. 1496]
A. 
All applications for licenses for the retail sale and distribution of alcoholic beverages in the City of North Wildwood shall be in the form prescribed by law and approved by the State Commission of Alcoholic Beverage Control; shall be addressed to the Mayor and City Council of the City of North Wildwood, Cape May County, New Jersey; and shall be filed with the City Clerk at City Hall, North Wildwood, Cape May County, New Jersey, at or before the first insertion of the notice of the application.
B. 
All individual applicants, all shareholders holding at least 1% of the stock of a corporate applicant, all partners of a partnership applicant and any employee to be employed in the business to be licensed shall, upon request of the City of North Wildwood, present themselves to the North Wildwood Police Department and shall be fingerprinted, and, at that time, shall present to the North Wildwood Police Department a money order made payable to the “Division of State Police - SBI” in the amount then designated by the Division of State Police to cover the costs incurred by the State Police to process the fingerprints along with another money order made payable to any fund designated by New Jersey State law to be collected by municipal police, along with any fees incurred by the City of North Wildwood in obtaining a credit report concerning the applicant.
[Added 5-21-1974 by Ord. No. 624; amended 6-6-1974 by Ord. No. 627; 5-2-2006 by Ord. No. 1496]
All notices of application to apply to the Mayor and City Council of the City of North Wildwood for a license for the retail sale and distribution of alcoholic beverages in the City of North Wildwood, Cape May, New Jersey, shall be in the form prescribed by law and approved by the State Commissioner of Beverage Control.
All applications for licenses shall be heard by the Mayor and City Council of the City of North Wildwood at its regularly designated meeting unless the said Mayor and City Council designate some other time for the application to be heard. Notice of any special hearing shall be made public. Applications for all licenses shall be heard and considered in public, and any person may be heard either for or against the granting of any license.
A. 
No licensee shall serve, sell, deliver, nor shall such licensee allow, permit or suffer the service, sale or delivery of any alcoholic beverages in or upon the licensed premises on any day of the week between the hours of 3:00 a.m. and 7:00 a.m., inclusive, including Sunday. In addition, no licensee shall sell, serve or deliver alcoholic beverages for off-premises consumption between the hours of 2:00 a.m. and 7:00 a.m., including Sundays.
[Amended 5-26-1961 by Ord. No. 419; 5-28-1976 by Ord. No. 665; 4-7-1998 by Ord. No. 1289]
B. 
No licensee shall permit the consumption of alcoholic beverages in or upon the licensed premises between 3:30 a.m. and 7:00 a.m. inclusive, including Sundays.
[Amended 5-26-1961 by Ord. No. 419; 5-28-1976 by Ord. No. 665; 4-7-1998 by Ord. No. 1289]
C. 
No licensee shall allow, permit or suffer any music or entertainment, including but not limited to phonographs or jukeboxes or the like, dancing, live actors, live musicians, live vocalists or other live performers between the hours of 3:00 a.m. and 7:00 a.m. inclusive, including Sundays.
[Amended 5-26-1961 by Ord. No. 419; 5-28-1976 by Ord. No. 665; 4-7-1998 by Ord. No. 1289]
D. 
During the hours that the consumption of alcoholic beverages in and upon the licensed premises is prohibited, the entire licensed premises shall be closed, and all patrons shall be vacated from the licensed premises by 3:30 a.m., including Sundays.
[Amended 4-7-1998 by Ord. No. 1289]
E. 
The hours above referred to shall be prevailing time.
[Amended 5-26-1961 by Ord. No. 419]
F. 
No licensee shall sell, serve or deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years or to any person actually or apparently intoxicated, or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
[Amended 8-4-1981 by Ord. No. 792; 3-19-1991 by Ord. No. 1085]
G. 
(Reserved)[1]
[1]
Editor's Note: Former § 114-10G, which dealt with sales during elections, was repealed 5-30-1975 by Ord. No. 650.
H. 
The licensee shall be responsible for the conduct of his business, and all those in his place of business.
I. 
Any licensee holding a license under this article is also subject to any lawful conditions that may or shall hereafter be prescribed by ordinance of the City of North Wildwood, and shall also be subject to all the rules and regulations established by the State Commissioner of Alcoholic Beverage Control and the laws of the State of New Jersey.
J. 
No licensee shall at any time sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages for off-premises consumption, except in the original unopened container.[2]
[Added 9-6-1966 by Ord. No. 490]
[2]
Editor's Note: Original § 114-10K of the 1981 Code, regarding fingerprinting of licensees, added 5-21-1974 by Ord. No. 624 and amended 6-6-1974 by Ord. No. 627 and 5-2-2006 by Ord. No. 1496, which previously followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Current fingerprinting requirements are located in § 114-7B.
[Amended 3-20-1991 by Ord. No. 1054; 5-21-2002 by Ord. No. 1411; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as otherwise set forth in N.J.S.A. 33:1-1 et seq., any person violating any provision of this article shall, upon conviction, be subject to a fine of not more than $2,000, or imprisonment in the county jail for not more than 90 days, or community service for not more than 90 days, or any combination thereof.