[Adopted 2-9-1971 by Ord. No. 3-71 as Ch. 37, Art. I, of the 1971 Code]
This article is for the purpose of regulating the sale and transportation of alcoholic beverages in the Borough of Glassboro, in the County of Gloucester, in accordance with the provisions of the act of the Legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments,[1] and in accordance with the rules and regulations issued or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable thereto.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
All applications for licenses under this article and all licenses issued thereunder and proceeding in connection therewith shall be subject to said Act and said rules and regulations of said State Commissioner of Alcoholic Beverage Control of New Jersey applicable thereto and shall be subject to any other statutes of New Jersey or of the United States now extant or hereafter enacted affecting said subject matter.
The Borough Council of the Borough of Glassboro, being the governing body of said municipality, shall constitute the authority for the administration or issuance of licenses under this article and shall forthwith report the issuance of all such licenses to said State Commissioner of Alcoholic Beverage Control.
It shall be unlawful to sell or distribute alcoholic beverages in the Borough of Glassboro, in the County of Gloucester, without a license previously applied for and granted pursuant to the provisions of said Act.
[Amended 11-25-1980 by Ord. No. 80-21; 3-22-1983 by Ord. No. 83-3; 3-3-1984 by Ord. No. 84-4; 6-10-1986 by Ord. No. 86-8; 4-14-1987 by Ord. No. 87-5; 5-10-1988 by Ord. No. 88-12; 4-11-1989 by Ord. No. 89-10; 2-13-1990 by Ord. No. 90-5; 9-11-1990 by Ord. No. 90-24; 12-9-2003 by Ord. No. 03-33; 3-23-2010 by Ord. No. 10-08; 3-22-2011 by Ord. No. 11-11]
A. 
Plenary retail consumption licenses. The fee for a plenary retail consumption license shall be $2,500 per annum, payable in advance and with the application therefor. For any term less than a year, the license fee shall be prorated in accordance with the ratio that the days remaining in the license period bear to 365 days. The holder of any such license shall be entitled to sell for consumption on the 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, drugstore or other mercantile business is carried on, except such sales as are permitted under the Alcoholic Beverage Law and rules and regulations of the Alcoholic Beverage Control Commission.
B. 
Plenary retail distribution licenses. The fee for a plenary retail distribution license shall be $2,500 per annum, payable in advance and with the application therefor. For any term less than a year, the license fee shall be prorated in accordance with the ratio that the days remaining in the license period bear to 365 days. The holder of any such license shall be entitled to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers. Such license shall not permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, except such sales as are permitted under the Alcoholic Beverage Law and rules and regulations of the Alcoholic Beverage Control Commission.
C. 
Hotel/motel license. The fee for a hotel/motel license shall be $2,500 per annum, payable in advance and with the application therefor. For any term less than one year, the license fee shall be prorated in accordance with the ratio that the days remaining in the license period bear to 365 days. This license may be issued to a person or business entity that operates a hotel or motel containing at least 100 guest sleeping rooms and may only be used in connection with a hotel or motel.
D. 
Special concessionary permit. Application for this annual state permit is made directly to the New Jersey Division of Alcoholic Beverage Control.
[Added 3-26-2013 by Ord. No. 13-05]
A. 
There shall be granted by the Mayor and Council of the Borough of Glassboro, in the County of Gloucester and State of New Jersey, club licenses, the fee for which shall be $120 per annum for each license issued.
B. 
Suspensions and revocations.
(1) 
Any license issued under this section may be suspended or revoked for violation of any of the provisions of the ordinance or any of the provisions of the Act of the Legislature, its supplements and amendments, hereinafter referred to, or any of the rules and regulations prescribed by said State Commissioner of Alcoholic Beverage Control.
(2) 
Proceedings for suspension or revocation shall be in accordance with the provisions of said Act hereinafter referred to, and such suspension or revocation shall carry the penalties and prohibitions provided for in said Act.
C. 
This supplemental section is for the purpose of regulating the issuance of club licenses for the sale of alcoholic beverages in the Borough of Glassboro, in the County of Gloucester, in accordance with Title 33 of the Revised Statutes of New Jersey (1937), as amended and supplemented, and in accordance with the rules and regulations issued or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable thereto.
All applications for licenses shall set forth full answers to questions prescribed by the aforesaid Act and by the rules and regulations of said State Commissioner and shall include declarations called for by said provisions.
No license shall be issued to any person, firm, corporation or group or partnership not fully qualified under the provisions of said Act and said rules and regulations.
All licenses shall be for a term of one year from the first day of July in each year, and all fees shall be paid in advance upon presentation of the application; provided, however, that any licensee, except a seasonal retail consumption licensee, who shall voluntarily surrender his license and who shall not have committed any violation of this article or 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 Glassboro shall be entitled, after deduction of 50% of said fee, as a surrender fee, to the prorated fee for the unexpired term.
[Amended 11-25-1980 by Ord. No. 80-21; 9-11-1990 by Ord. No. 90-24]
A. 
Plenary retail consumption licenses. The number of plenary retail consumption licenses in the Borough of Glassboro shall be limited to one such license for each 3,000 members of the population of the Borough as shown by the last preceding federal census. This provision shall not affect licenses granted and in effect at the time of the passage and adoption of this article.
B. 
Plenary retail distribution licenses. The number of plenary retail distribution licenses in the Borough of Glassboro shall be limited to one such license for each 7,500 members of the population of the Borough as shown by the last then-preceding federal census.
A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any of the provisions of said Act or said statutes heretofore mentioned or any of the rules and regulations prescribed by said State Commissioner of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of said Act, by service of a five-day notice of charges preferred against the licensee, as provided in said Act, and affording of a reasonable opportunity for a hearing, and such suspension or revocation shall carry the penalties and prohibitions provided for in said Act.
[Amended 6-13-1979 by Ord. No. 79-11; 10-9-1990 by Ord. No. 90-26; 1-23-2001 by Ord. No. 01-6; 2-10-2004 by Ord. No. 04-05; 6-28-2016 by Ord. No. 16-29; 3-14-2017 by Ord. No. 17-09]
A. 
A licensee is hereby permitted to sell, serve or allow the consumption of any alcoholic beverage on licensed premises between the hours of 9:00 a.m. and 2:00 a.m. on any day of the week.
B. 
Hours on December 31. On December 31, a licensee is hereby permitted to sell, serve or allow the consumption of any alcoholic beverage on licensed premises until 3:00 a.m. on the following day.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
The hours above referred to shall be Eastern standard time.
[Added 9-11-1990 by Ord. No. 90-24; amended 3-11-1997 by Ord. No. 97-3]
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any 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 open container from retail licensed premises on Sunday before 10:00 a.m., or before 9:00 a.m. or after 10:00 p.m. on any other day of the week; except that sales of wine and malt alcoholic beverages in original bottles or can containers for consumption off the premises are authorized on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises as provided in this article.
[1]
Editor's Note: Former § 150-14, Persons under legal age for purchasing alcoholic beverages on premises, as amended; § 150-15, Restriction of sales to certain persons, as amended; and § 150-16, Serving in separate rooms, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No license shall be issued for the sale of alcoholic beverages within 200 feet of any church or public school or private schoolhouse not conducted for pecuniary profit, except to manufacturers, wholesalers, hotels, clubs and fraternal organizations which own or are actually in possession of the licensed premises at the time of the effectiveness of the aforesaid Act, the said 200 feet to be measured in the normal way that a pedestrian would walk from the nearest church or school to the nearest entrance of the premises sought to be licensed; provided, however, that this prohibition may be waived at the issuance or renewal of such license, by the duly authorized governing body or authority of such school or church, and such waiver shall be effective until the date of the next renewal of said license, and provided also that this prohibition shall not apply to the renewal of any license where no such school or church was located within said prohibited distance of said licensed premises at the time of the issuance of said license or as otherwise excepted by the provisions of said Act.
[1]
Editor's Note: Former § 150-18, Violations and penalties for dealing in illicit beverages, as amended; and § 150-19, Violations and penalties for certain other infractions, as amended, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-8-1998 by Ord. No. 98-26; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall knowingly violate any provision of this article shall, upon conviction, be subject to a fine of not less than $200 and not more than $2,000 or imprisonment for not more than 90 days or community service for not more than 90 days, or any combination thereof, in the discretion of the court.
[1]
Editor's Note: Former § 150-21, Violations and penalties for repeat offenders, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).