[Adopted 7-23-1934 (Ch. 67, Art. I, of the 1977 Code)]
This article is for the purpose of regulating
the sale of and transportation of alcoholic beverages in the Borough
of South River, in the County of Middlesex, 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 (N.J.S.A.
33:1-1 et seq.), its supplements and amendments, 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 under this article
and all licenses issued thereunder and proceedings 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 matters.
The Mayor and Borough Council of the Borough
of South River, being the governing body of said municipality, shall
constitute the authority for the administration of issuance of licenses
under this article and shall forthwith report the issuance of all
such licenses to said State Commissioner of Alcoholic Beverage Control.
No license shall be issued except after 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 Act and this article.
It shall be unlawful to sell or distribute alcoholic
beverages in the Borough of South River, in the County of Middlesex,
without a license previously applied for and granted pursuant to the
provisions of this article and said Act.
[Amended 3-14-49, effective 7-1-49; 2-25-1982 by Ord. No.
1982-4]
The fee for a plenary retail consumption license shall be as provided in Chapter 155, Fees, and the holder of such license shall be entitled, subject to rules and regulations, to sell for consumption on the licensed premises any alcoholic beverages by the glass or other open receptacles and also to sell all other 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 the keeping of a hotel or restaurant or the sale of cigars or cigarettes at retail as an accommodation to patrons or the retail sale of nonalcoholic beverages as an accessory beverage to alcoholic beverages.
[Added 4-9-1981 by Ord. No. 1981-18]
A.
Commencing in the licensing year 1982-1983, and thereafter
as permitted by law, the Borough Clerk is authorized and directed
to increase the annual licensing fee for retail consumption licenses
by the sum of $200 over the existing fee.
[Amended 11-12-1981 by Ord. No. 1981-53]
B.
The aforementioned increase of $200 in the fee for
retail consumption licenses is to be used for the acquisition and
retirement by the Borough of licenses in excess of the limitation
permitted by law, which licenses to be retired shall be noted by the
governing body, by resolution, from time to time.
[Amended 11-12-1981 by Ord. No. 1981-53]
C.
The proper Borough officials are authorized to enter
into contracts of purchase with licensees in an amount not greater
than $30,000, said contracts to be entered into only after an appropriate
resolution shall have been passed by the governing body for purchase
of a specific license, and for which the increased annual licensing
fee shall be collected only for such period as prescribed by N.J.S.A.
40:48-2.42.
[Amended 3-8-2010 by Ord. No. 2010-5]
[Amended 7-11-1955; 2-25-1982 by Ord. No. 1982-4; 2-9-2015 by Ord. No.
2015-2]
The fee for a plenary retail distribution license shall be the sum as provided in Chapter 155, Fees, and the holder of such license shall be entitled, subject to the rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers.
There shall be no limited retail distribution
licenses issued within the Borough of South River.
[Amended 3-14-1949, effective 7-1-1949]
A.
The fee for a club license shall be as provided in Chapter 155, Fees, and the holder of such license shall be entitled, subject to rules and regulations, to sell only to bona fide club members and their guests alcoholic beverages intended for immediate consumption on the licensed premises.
[Amended 2-25-1982 by Ord. No. 1982-4]
B.
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 licenses shall set forth in full
the qualifications, conditions and restrictions imposed by said State
Commissioner of Alcoholic Beverage Control.
C.
Each application for a club license shall set forth
the names and addresses of all the officers, trustees, directors or
other governing officials, together with the names and addresses of
all the members, of the applying club, corporation or association.
D.
Not more than 11 club licenses shall be issued and
outstanding in the Borough of South River.
[Added 6-22-1959; amended 9-18-1967, 2-7-1973 by Ord. No. 1973-2, 11-26-1975 by Ord. No. 1975-15; 2-25-1998 by Ord. No. 1998-5; 2-23-2004 by Ord. No. 2004-5]
All applications for licenses shall set forth
in full the 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, group or partnership not fully qualified under the provisions
of said Act and said rules and regulations.
[Amended 8-11-1976 by Ord. No. 1976-22]
A.
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 of any rule or regulation and who
shall have paid fill taxes, setoffs or counterclaims that may have
become due to the State of New Jersey or to the Borough of South River,
shall be entitled, after deduction of 50% of said fee, as a surrender
fee, to the prorated fee for the unexpired term.
B.
Any licensee who shall not have actively engaged in the sale or distribution of alcoholic beverages in the Borough of South River for a period of at least 180 days annually shall forthwith surrender his license upon demand of the governing body of the Borough, after proceedings for revocation shall be held in accordance with § 103-15.
A separate license shall be required for each specific place of business, and each license shall be effectual only for the licensed premises mentioned therein; provided, however, that upon an application for a transfer in the same manner as for an original application and upon publication of intention to transfer in the same manner as in the case of an original application, the governing body may issue a transfer of such license to a different place of business by endorsing such permission on such license and upon payment of a fee as provided in Chapter 155, Fees, for such transfer.
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 of any of the regulations and rules 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 by the affording of a reasonable opportunity for a hearing,
and such suspension or revocation shall carry the penalties and prohibitions
provided for in said Act.
All premises in which said alcoholic beverages
shall be sold or otherwise dispensed, excepting those which hold club
licenses, shall have reasonable access of light from the public highway,
and such premises shall be deemed to have reasonable access of light
when a normal-sized adult can, on inspection from the exterior, view
the interior of said premises.
[Amended 12-26-1944; 8-9-1978 by Ord. No. 1978-20]
A.
No plenary retail consumption licensee shall sell,
serve or deliver, or allow, permit or suffer the sale, service or
delivery of, any alcoholic beverage on licensed premises on weekdays
between the hours of 2:00 a.m. and 7:00 a.m. and on Sundays between
the hours of 2:00 a.m. and 12:00 noon, with the exception of January
1 of each year, when the hours during which no such sales shall be
made, as set forth above, shall be between the hours of 4:00 a.m.
and 7:00 a.m., except when January 1 shall fall on a Sunday, in which
case the closing hours shall be from 4:00 a.m. to 12:00 noon.
B.
No plenary retail distribution licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage on the licensed premises during the prohibited hours set forth in Subsection A above.
[Amended 5-14-1981 by Ord. No. 1981-19]
C.
A plenary retail distribution licensee shall be authorized
to sell, serve or deliver or allow, permit or suffer the sale, service
or delivery of wine and malt alcoholic beverage in the original bottle
or can containers for consumption off the licensed premises on the
same days and during the same hours as the sale of alcoholic beverages
for consumption on premises is permitted and authorized herein.
[Amended 5-14-1981 by Ord. No. 1981-19]
D.
For holders of plenary retail consumption licenses,
during the hours that sales are hereinabove prohibited, the entire
licensed premises shall be closed. This subsection shall not apply
to plenary retail distribution licensees who engage in any other mercantile
business on the licensed premises.
[Added 5-14-1981 by Ord. No. 1981-19; amended 2-9-2015 by Ord. No. 2015-2]
[Amended 2-9-1977 by Ord. No. 1977-6; 7-16-1981 by Ord. No.
1981-33; 4-8-1982 by Ord. No. 1982-11; 7-12-1989 by Ord. No.
1989-19]
No plenary retail consumption licensee shall
permit any patron who is under the legal age to purchase and consume
alcoholic beverages or to be within any room in which any bar is located,
unless said patron is accompanied by a parent, legal guardian or spouse,
provided that said parent, legal guardian or spouse shall have attained
the age at which a person may purchase and consume alcoholic beverages.
This section shall not apply to the dining area of any bona fide restaurant,
whose principal business is the service of food, provided that said
dining area is separate and apart from any room in which a bar, other
than a service bar, is located.
[Amended 4-8-1982 by Ord. No. 1982-11]
No sales of alcoholic beverages for consumption
on the licensed premises shall be made on credit, nor shall sales
of any alcoholic beverages be made to any person under the legal age,
mental defective or habitual drunkard, provided that such prohibition
against sales on credit shall not apply to club licenses.
No person shall be served in any back room or
side room which is not open to the use of the public generally, except
that in hotels guests may be served in their rooms or in private or
public dining rooms, and provided also that this prohibition shall
not apply to club licenses.
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 properly walk from the nearest
entrance of said 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.
[Amended 2-9-1977 by Ord. No. 1977-6]
No person, except an officer or other person
authorized by and acting pursuant to instructions from such officer,
so doing in the course of and for the purpose of enforcing said Act,
shall knowingly purchase, receive or procure any illicit beverage.
[Amended 2-9-1977 by Ord. No. 1977-6]
No person shall manufacture, sell, distribute,
bottle, blend, rectify, treat, fortify, mix, process, warehouse or
transport any alcoholic beverage in violation of this article and
of said Act; nor shall any person import, own, possess, keep or store
in said Borough of South River alcoholic beverages with intent to
manufacture, sell, distribute, bottle, rectify, blend, treat, fortify,
mix, process, warehouse or transport alcoholic beverages in violation
of the provisions of this article and of said Act; nor shall any person
own, possess, keep or store in said Borough of South River any implement
or paraphernalia for the manufacture, sale, distribution, bottling,
rectifying, warehousing, blending, treating, fortifying, mixing, processing
or transportation of alcoholic beverages with intent to use the same
in the manufacture, sale, distribution, bottling, rectifying, blending,
treating, fortifying, mixing, processing, warehousing or transportation
of alcoholic beverages in violation of this article and of said Act,
or to aid or abet another in the manufacture, sale, distribution,
bottling, rectifying, blending, treating, fortifying, mixing, processing,
warehousing or transportation of alcoholic beverages in violation
of this article and of said Act.
