This chapter is for the purpose of regulating
and controlling the sale, consumption and transportation of alcoholic
beverages in the Borough of Sea Bright, in the County of Monmouth,
pursuant to the provisions of the New Jersey Alcoholic Beverage Control
Law, commonly known as "Title 33," its supplements and amendments,
and in accordance with the rules and regulations issued, or to be
promulgated by the State Director of Alcoholic Beverage Control, applicable
thereto.
The definitions set forth in Title 33 of the
New Jersey Statutes Annotated shall apply to this chapter. In addition,
the following words and terms shall have the meanings indicated:
Any counter or similar piece of equipment equipped with a
sink and designed and primarily used to facilitate the sale and dispensation
of alcoholic beverages for consumption on the licensed premises.
The Borough of Sea Bright, in Monmouth County, New Jersey.
The Director of the Division of Alcoholic Beverage Control.
The Borough Council of the Borough of Sea Bright.
Any license granted or issued pursuant to the provisions
of Title 33 of the New Jersey Statutes Annotated.
The holder of a license.
Any licensed premises or part of any licensed premises, primarily
engaged in the retail sale of beverages, which provides entertainment
and/or dancing and where the sale or service of food is incidental
to the entertainment. A "nightclub" shall not be considered a restaurant
or hotel.
An establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of foods for
its customers, and in which no other business, except such as incidental
to such establishment, is conducted.
The Mayor and Council of the Borough of Sea
Bright, as the governing body, shall constitute the issuing authority
for the municipality to issue, renew and transfer retail licenses
and to provide for enforcement of ABC rules and regulations and this
chapter pertaining to the control of alcoholic beverages.
All requests for the renewal of licenses or
for any transfer of licenses shall be by 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 law and this chapter.
[Amended 3-20-2007 by Ord. No. 5-2007;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The fee for plenary retail consumption license
shall be $2,500. The holder of such license shall be entitled, subject
to rules and regulations, to sell for consumption on licensed premises,
any alcoholic beverages by the glass or other open receptacles and
also to sell all alcoholic beverages in original containers for consumption
off the licensed premises. Such license shall not permit the sale
of alcoholic beverages in or upon any premises in which a grocery,
delicatessen, drug store or other mercantile business is carried on,
except the keeping of a hotel or restaurant or the sale of cigars
and cigarettes, at a retail, as an accommodation to patrons, or the
retail sale of nonalcoholic beverages as accessory beverages to alcoholic
beverages.
[Amended 3-20-2007 by Ord. No. 5-2007;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The fee for a plenary retail distribution license
shall be the sum of $2,000, and the holder of such license shall be
entitled, subject to rules and regulations, to sell any alcoholic
beverages for consumption off the licensed premises but only in original
containers. The number of plenary retail distribution licenses outstanding
in the Borough at the same time shall not exceed three.
A.
The fee for a club license shall be the sum of $188,
and the holder of such license shall be entitled, subject to the rules
and regulations, to sell only to bona fide members or their guests
alcoholic beverages intended for immediate consumption on the licensed
premises. Club licenses shall be issued only to such corporations,
associations and organizations as are operated for benevolent, charitable,
fraternal, social, religious, recreational, athletic or similar purposes,
and not for private gain, and such license shall be subject to the
qualifications, conditions and restrictions imposed by the State Director
of Alcoholic Beverage Control. Such application for a club license
shall set forth the names and addresses of all officers, trustees,
directors or other governing officials, together with the names and
addresses of all members of the applying club, corporation or association.
[Amended 3-20-2007 by Ord. No. 5-2007;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All applications for licenses shall set forth,
in full, answers to questions prescribed to the aforesaid law and
by the rules and regulations of said State Director and shall include
declarations called for by said provisions.
No license shall be issued to any person, firm,
corporation, group or partnership not fully qualified under the provisions
of said law and said rules and regulations.
All licenses shall be for a term of one year
from the first date of July in each year, and all fees shall be paid
in advance upon presentation of the application; provided, however,
that any licensee who shall voluntarily surrender his license and
who shall not have committed any violation of this chapter or of any
rule or regulation and who shall have paid all taxes, setoffs or counterclaims
that may have become due to the State of New Jersey or to the Borough
of Sea Bright shall be entitled after a deduction of 50% of said fee,
as a surrender fee, to the prorated fee for the unexpired term.
A.
No plenary retail consumption license shall be issued
for or transferred to a premises unless such premises is operated
by the licensee as a restaurant.
B.
The transfer of a license must be approved by resolution
of the governing body, pursuant to the process established in this
chapter, and only upon filing of a full retail license application
and two published legal notices of intent to transfer. Written consent
of the current licensee must be provided to the governing body to
approve the transfer, and a fee shall be set forth and paid to the
municipality, at 10% of the annual license fee for each person-to-person
or place-to-place transfer or 20% if both person-to-person and place-to-place
transfers are to take place, and the appropriate filing fee payable
to the ABC.
Notwithstanding any provisions of this chapter,
the governing body may permit the sale of alcoholic beverages in any
zoning district on a one-day permit basis.
A.
Declaration of policy. The governing body finds that
the number of existing retail consumption licenses in the Borough
exceeds the ratios set forth in N.J.S.A. 40:48-2.40 and N.J.S.A. 33:1-12.14,
and determines that it is in the public interest to reduce the number
of such licenses in the Borough.
B.
Reduction by purchase. In any case where the Borough
acquires any licensed premises or where the governing body otherwise
deems it to be in the public interest, the governing body may contract
to purchase any retail consumption license for a price not to exceed
the maximum amount permitted by N.J.S.A. 40:48-2.41. Any license so
purchased shall be retired and shall not thereafter be issued or granted
to any person.
C.
Reduction by revocation or nonrenewal. Any retail
consumption license that is revoked or that is not renewed for a new
license term within the time permitted by law shall be retired and
shall not thereafter be issued or granted to any person.
D.
Funding license purchases.
(1)
In the event the governing body contracts to purchase any license pursuant to Subsection B, an additional annual fee of $200, over and above the annual fee set forth in § 57-5, shall be charged for every retail consumption license. The additional annual fee shall be charged beginning with the first annual license term following the payment of the contract purchase price, and for each annual license term thereafter until the total of the additional fees collected equals the total amount of money expended to purchase licenses.
(2)
The governing body may appropriate or borrow, by way of issuing bonds or otherwise, sufficient funds to purchase any licenses pursuant to Subsection B. Any additional fees collected pursuant to Subsection D(1) may be utilized to retire any bond or indebtedness incurred to finance such license purchases.
E.
Reduction by referendum. On the 30th day after a "no"
vote in any referendum held pursuant to N.J.S.A. 33:1-44 or 33:1-45
or 33:1-46 or 33:1-47, if and when any such referendum is held, all
licenses in the Borough shall be deemed void, and the sale of alcoholic
beverages unlawful, to the extent set forth in the particular statute
pursuant to which the referendum is held.
F.
Limitation of new licenses. No new licenses shall
be issued in the Borough for the retail consumption of alcoholic beverages
unless and until the number of such licenses in the Borough is less
than one for each 3,000 of the Borough's population as shown by the
last, then preceding, federal census.
[Added 5-3-2005 by Ord. No. 4-2005]
All licensed establishments closed for more
than a thirty-day period are mandated to have an alcoholic beverage
control inspection prior to reopening.
