[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 3, Arts. 2, 3, 4 and 5, of the 1979 Revised General Ordinances of Paterson]
The number of plenary retail consumption licenses outstanding in the city at the same time shall not exceed 300; provided, however, that this restriction shall not prevent:
A. 
The renewal of licenses issued and outstanding on April 15, 1940, or the transfer of such licenses and the renewal of licenses so transferred.
B. 
The issuance of a new plenary retail consumption license to a person who, having held a plenary retail consumption license:
(1) 
Surrendered the same or permitted it to expire because of his induction in the Armed Forces of the United States; and
(2) 
Filed the application for a new plenary retail consumption license within one year from the completion of his active service in said armed forces.
C. 
The issuance of a new license to a person who files an application therefor within 60 days following the expiration of the license renewal period if the State Director of the Division of Alcoholic Beverage Control, pursuant to N.J.S.A. 33:1-12.18, shall determine, in writing, that the applicant's failure to apply for a renewal of his license was due to circumstances beyond his control.
A. 
No plenary retail consumption license, except renewals for the same premises covered by the previous license and transfers within the same premises, shall be granted for or transferred to any premises within 1,000 feet from an existing licensed premises covered by a plenary retail consumption license or a plenary retail distribution license. In the event that a licensee desires to transfer to another premises, he shall be permitted to do so within 600 feet of the premises wherein he is located at the time of said transfer, but shall comply with the provisions aforementioned when transferring to premises in excess of 600 feet from the premises upon which the transfer is sought.
[Amended 8-25-1998 by Ord. No. 98-061]
B. 
Notwithstanding the foregoing provisions of Subsection A of this section, the Board of Alcoholic Beverage Control may allow the transfer of a plenary retail consumption license to any location within the Great Falls Historic District and the Central Business District as the same are defined and delineated in the Zoning and Land Development Ordinance of the city.[1]
[Amended 4-5-1983 by Ord. No. 83-025; 8-11-1992 by Ord. No. 92-042]
[1]
Editor's Note: See Ch. 483, Zoning and Land Development.
C. 
Said 1,000 feet, 1,500 feet and 600 feet referred to in Subsections A and B of this section shall be measured in a normal way that a pedestrian would properly walk from the nearest entrance of the licensed premises to the nearest entrance of the premises sought to be licensed, which measurement standards shall be those as applied under N.J.S.A. 33:1-76.[2]
[Amended 10-27-1992 by Ord. No. 92-061]
[2]
Editor's Note: Former Sec. 3-11, Limitation on location of premises holding plenary retail consumption licenses having broad package privilege; exceptions, which immediately followed this section, was repealed 10-27-1992 by Ord. No. 92-061.
The number of plenary retail distribution licenses outstanding in the city at the same time shall not exceed 35; provided, however, that this restriction shall not prevent:
A. 
The renewal of licenses issued and outstanding on June 19, 1939, or the transfer of such licenses from person to person and the renewal of licenses so transferred.
B. 
The issuance of a new plenary retail distribution license to a person who, having held a plenary retail distribution license:
(1) 
Surrendered the same or permitted it to expire because of his induction in the Armed Forces of the United States; and
(2) 
Filed the application for a new plenary retail distribution license within one year from the completion of his active service in said armed forces.
C. 
The issuance of a new license to a person who files an application therefor within 60 days following the expiration of the license renewal period if the State Director of the Division of Alcoholic Beverage Control, pursuant to N.J.S.A. 33:1-12.18, shall determine, in writing, that the applicant's failure to apply for a renewal of his license was due to circumstances beyond his control.
A. 
No plenary retail distribution license, except renewals for the same premises covered by the previous license and transfers within the same premises, shall be granted for or transferred to any premises within 1,000 feet from an existing licensed premises covered by a plenary retail distribution license or a plenary retail consumption license. In the event that a licensee desires to transfer to another premises, he shall be permitted to do so within 600 feet of the premises wherein he is located at the time of said transfer, but shall comply with the provisions aforementioned when transferring to premises in excess of 600 feet from the premises upon which the transfer is sought.
[Amended 8-25-1998 by Ord. No. 98-061]
B. 
Notwithstanding the foregoing provisions of Subsection A of this section, the Board of Alcoholic Beverage Control may allow the transfer of a plenary retail distribution license to within 1,500 feet of the premises wherein the license is located at the time of said transfer, where the licensed premises is being taken for any municipal, county, state or federal project or where the licensed premises is destroyed to the extent that it can no longer be used for the purpose for which the license was issued and it is not intended to restore the same. If such a transfer is granted, no plenary retail distribution license shall be transferred to the premises or part thereof so vacated by such transfer.
C. 
Said 1,000 feet, 1,500 feet and 600 feet referred to in Subsections A and B of this section shall be measured in a normal way that a pedestrian would properly walk from the nearest entrance of the licensed premises to the nearest entrance of the premises sought to be licensed, which measurement standards shall be those as applied under N.J.S.A. 33:1-76.
[Amended 10-27-1992 by Ord. No. 92-061]
[Amended 3-15-1983 by Ord. No. 83-013; 11-12-1996 by Ord. No. 96-070]
A. 
The annual fee for a plenary retail consumption license shall be $1,202.
[Amended 12-16-2003 by Ord. No. 03-068; 11-9-2010 by Ord. No. 10-055; 10-9-2018 by Ord. No. 18-045]
B. 
The annual fee for a plenary retail distribution license shall be $965.80.
[Amended 12-16-2003 by Ord. No. 03-068; 11-9-2010 by Ord. No. 10-055; 10-9-2018 by Ord. No. 18-045]
C. 
Any licensee under this chapter may apply for the renewal of his license prior to the expiration, provided that they are qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose. Such renewal privilege shall not be construed as a vested right which shall limit or prevent the decreasing of the number of licenses to be issued within the City of Paterson. All applications for renewal and payment of the annual license fee shall be submitted no later than June 1 of each year. Any application for a license renewal which is not completed within 30 days of the renewal date shall be subject to an additional late administrative charge equal to 10% of the cost of the license renewal.
[Amended 6-28-2016 by Ord. No. 16-048]
D. 
For licenses effective on or after June 30, 2016, no license shall be renewed under this section unless the owner or manager of the licensed establishment first attends an annual liquor/law awareness training seminar, the Paterson Alcohol Beverage Education Seminar (“PABES”). The PABES shall be conducted annually, and it shall meet the minimum requirements for such training as periodically set forth by the City of Paterson. The PABES is detailed in § 113-20 below.
[Added 2-24-2004 by Ord. No. 04-011; amended 6-28-2016 by Ord. No. 16-048]
E. 
The failure of a liquor license owner, shareholder, partner, officer, manager, or director to attend the training seminar required in Subsection D above and § 113-20A below shall constitute a violation of this chapter by the licensee.
[Added 2-24-2004 by Ord. No. 04-011; amended 6-28-2016 by Ord. No. 16-048]
F. 
In addition to the sums referred to in Subsections A and B, a surcharge of $200 shall be assessed against each license annually to fund the City of Paterson’s license retirement program consistent with N.J.S.A. 40:48-2.42.
[Added 6-28-2016 by Ord. No. 16-048]
G. 
Surcharge monies will continue to be collected annually until the total revenue derived from the surcharge equals the total amount expended by the City of Paterson to acquire and retire licenses pursuant to contracts authorized by ordinances adopted under this section and consistent with N.J.S.A. 40:48-2.39 through 40:48-2.43. If in the final license year in which the surcharge authorized by this section is in effect the total additional revenue derived from all years the surcharge has been in effect shall exceed the amount expended by the City of Paterson for the acquisition and retirement of licenses, such excess shall be rebated pro rata to the then current license holders or credited against the next renewal fee to be paid by the then license holders consistent with N.J.S.A. 40:48-2.42.
[Added 6-28-2016 by Ord. No. 16-048]
H. 
Any application for transfer of a license shall be accompanied, pursuant to N.J.S.A. 33:1-26, by a fee of 10% of the annual license fee for the license sought to be transferred, which shall be retained whether the transfer is granted or not, and accounted for as other license fees.
[Added 10-9-2018 by Ord. No. 18-045]
[Amended 6-3-1981 by Ord. No. 81-033; 9-16-2014 by Ord. No. 14-045; 7-25-2017 by Ord. No. 17-063]
A. 
With regard to plenary retail consumption licenses, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on the licensed premises between the following hours on the following days:
(1) 
On weekdays, between the hours of 3:00 a.m. and 7:00 a.m.
(2) 
On Sundays, between the hours of 3:00 a.m. and 11:00 a.m.
(3) 
On New Year's Day when it is a Sunday, between the hours of 5:00 a.m. and 1:00 p.m.
B. 
Additionally, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage for off-premises consumption on any day of the week between the hours of 10:00 p.m. and 10:00 a.m.
C. 
When New Year's Day is a weekday, sale, service, delivery and consumption of alcoholic beverages on premises shall be permitted during the entire day.
D. 
In addition to the hours restrictions set forth in Subsections A and B, above, and excepting New Year's Day, as set forth in Subsections A(3) and C, above, any plenary retail consumption licensee (e.g., bar or other A.B.C. licensee serving alcohol on the premises) located within a specified location, as detailed in Chapter 181, entitled "Commercial Hours of Operation," shall also be bound by the closing times set forth in that chapter. However, opening times shall be unaffected.
A. 
No plenary retail consumption licensee shall allow, permit or suffer any female employed on the licensed premises to:
(1) 
Accept any food or beverage, alcoholic or otherwise, at the expense of or as a gift from any customer or patron.
(2) 
Sit at any table or stand at any bar with any person, patron or customer visiting the licensed premises.
(3) 
Perform dances commonly known as "go-go dances."
(4) 
Perform by engaging in what is commonly known as "striptease" by the removing of all or part of her clothing where accompanied by music or without music and whether or not as part of dance.
B. 
No plenary retail consumption licensee shall allow, permit or suffer any amateur performance of the performances prohibited in Subsection A(3) and (4) of this section; provided, however, that this section shall not be construed to prohibit social dancing by patrons.
All licenses granted shall be conspicuously displayed at all times on the licensed premises in such plain view as to be easily read by all persons visiting the licensed premises.
A. 
No licensee shall harbor criminals or lawless or immoral individuals.
B. 
No licensee shall permit the licensed premises to be used:
(1) 
In the procuring or furnishing of women for immoral purposes.
(2) 
For the commission of crimes or immoral acts.
(3) 
For the defrauding or permitting of the defrauding of anyone in the licensed premises by misrepresentation or threats.
No person shall misrepresent or misstate his age or her age or the age of any other person for the purpose of inducing any licensee or any employee of such licensee to sell, serve or deliver any alcoholic beverage to a minor.
In addition to the penalties provided in § 113-19, any license issued pursuant to this article may be suspended or revoked for violation of any provision of this article or for violation of any provision of N.J.S.A. 33:1-1 et seq. or any of the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control.
[Amended 12-19-1995 by Ord. No. 95-068]
Except as may be provided in N.J.S.A. 33:1-1 et seq., any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 6-28-2016 by Ord. No. 16-048[1]]
A. 
As a precondition of the original or renewal application for a Class C and D license, the licensee shall, on an annual basis, attend the mandatory Paterson Alcoholic Beverage Education Seminar (PABES) provided by the City, to be offered at a date, time, and location as determined by the City. The notice for the PABES shall be included with the annual renewal application. Attendance at the program shall be by any person listed as an owner, shareholder, partner, officer, or director on the application for a license, as modified at any time after issuance of the license, or by a general manager, manager, or other person who regularly performs as the primary person in charge of the daily operations of and in the licensed premises. A photograph of each individual attending the PABES on behalf of each liquor license shall accompany the annual renewal application.
B. 
Any licensee who fails to attend the initial session of the PABES will have the opportunity to make up the session at a cost of $250. There will be one make-up session per year, at a date and location as determined by the City.
C. 
Failure to attend either of the initial or make-up PABES session will be cause for nonrenewal of the liquor license.
D. 
A photocopy of the certificate of completion of the PABES program will be maintained in the manager's office on the premises of the licensee.
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 113-20 through 113-24 as §§ 113-21 through 113-25, respectively.