[Adopted 6-19-1975 by Ord. No. 297-75 as
Chapter V of the Revised General Ordinances of the City of Passaic,
1975]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the City of Passaic in
accordance with the provisions of an act of the Legislature of the
State of New Jersey entitled "An Act Concerning Alcoholic Beverages,"
comprising Chapter 436 of the Laws of 1933, its supplements and amendments,
and also comprising N.J.S.A. 33:1-1 et seq. and in accordance with
the rules and regulations of the State Director of Alcoholic Beverage
Control.
As used in this article, words and phrases shall
have the same meanings they have in N.J.S.A. 33:1-1 et seq. and in
the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
[Amended 10-19-1995 by Ord. No. 1343-95; 11-17-2003 by Ord. No. 1600-03; 5-25-2010 by Ord. No. 1835-10]
A.
The annual fee for a plenary retail consumption license
for the following years shall be as follows:
|
Year
|
Fee
| |
|---|---|---|
|
2010
|
$1,036.80
| |
|
2011
|
$1,244.16
| |
|
2012
|
$1,492.99
| |
|
2013
|
$1,791.59
| |
|
2014
|
$2,149.90
|
B.
The annual fee for a plenary retail distribution license
for the following years shall be as follows:
|
Year
|
Fee
| |
|---|---|---|
|
2010
|
$622.80
| |
|
2011
|
$746.49
| |
|
2012
|
$895.79
| |
|
2013
|
$1,074.95
| |
|
2014
|
$1,289.94
|
C.
Club license.
|
Year
|
Fee
| |
|---|---|---|
|
2010
|
$188.00
| |
|
2011
|
$188.00
| |
|
2012
|
$188.00
| |
|
2013
|
$188.00
| |
|
2014
|
$188.00
|
[Added 4-10-2012 by Ord. No. 1901-12]
There shall be a fee of $60 charged to any licensee desiring
a change in the corporate structure of the corporate license. Any
application for a change in the corporate structure of a retail consumption
license or retail distribution license shall be accompanied by the
payment of such fee for processing and granting approval for said
corporate structure change.
A.
No limited retail distribution license shall be issued
in and for the City.
B.
No plenary retail distribution license shall be issued
to permit the sale of alcoholic beverages in or upon any premises
in which another mercantile business is carried on.
[Amended 7-8-1982 by Ord. No. 700-82]
C.
No holder of a plenary retail distribution license
for the premises upon which any mercantile business, other than the
sale of alcoholic beverages, is conducted shall:
[Added 7-8-1982 by Ord. No. 700-82]
(1)
Advertise or display any alcoholic beverages on the
premises, except in the liquor department as permitted by statute
and the rules and regulations of the New Jersey State Division of
Alcoholic Beverage Control.
(2)
Sell or offer for sale any alcoholic beverage, except
from the shelves, tables, counters, racks and stands used exclusively
for that purpose in an area separated from the rest of the store by
a nontransparent wall from floor to ceiling, through which access
is provided by a door, on or over which shall be maintained a sign,
in letters at least two inches high but not more than five inches
high, reading "Liquor Department."
(3)
Nothing herein contained shall be construed to affect
those liquor departments which are already in existence as of the
effective date of this amendment to the article which are separated
from the rest of the store by a fence or low wall and through which
access is presently provided by a gate. The foregoing requirements
shall not prevent the storage of alcoholic beverages in any refrigerating
device on the premises outside of the liquor department, provided
that the alcoholic beverages so stored are not in public view.
(4)
In the event that the licensee conducts another mercantile
business in an area adjoining the premises upon which the sale of
alcoholic beverages is conducted, said areas shall be separate and
distinct and shall be serviced by a separate entranceway from the
outside. This subsection shall not apply to premises upon which the
sale of merchandise, other than alcoholic and nonalcoholic beverages,
as accessories to alcoholic beverages is limited to the following:
D.
The applicant shall submit a copy of a valid certificate
of occupancy for the premises with the completed application for a
new or renewal license and/or permit.
[Added 1-9-1997 by Ord. No. 1392-96]
E.
As a precondition of renewal of any type of retail consumption license,
retail distribution license and/or club license, the licensee shall,
on an annual basis, attend an Orientation and Education Program provided
by the City, to be offered at a date and location as determined by
the City. The notice for said Orientation and Education Program shall
be included with the annual renewal application. Attendance at the
program shall be by any person listed as a 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. Any licensee
who fails to attend the initial session of the Orientation and Education
Program will have the opportunity to make up the session at a cost
of $250. There will be one make-up session per year. Failure to attend
either of the sessions will be cause for nonrenewal of the liquor
license.
[Added 2-17-2015 by Ord. No. 2009-15]
A.
Plenary retail consumption. The number of plenary
retail consumption licenses outstanding at the same time shall not
exceed 75, provided that nothing herein shall prohibit the renewal
of any plenary retail consumption license outstanding on the effective
date of this article or prohibit the transfer of such licenses from
person to person or from place to place or from person to person and
place to place. In the event that any plenary retail consumption license
presently outstanding shall not be renewed within the time provided
by statute for renewal or in the event that a license is revoked for
any reason whatsoever, the license shall not be replaced by the issuance
of any new plenary retail consumption license until the total number
of plenary retail consumption licenses in the City shall be fewer
than 75.
B.
Plenary retail distribution. The number of plenary
retail distribution licenses outstanding at the same time shall not
exceed 15, provided that this shall not prevent the issuance of renewals
of plenary retail distribution licenses to persons holding licenses
at the time this section is adopted or the transfer of such licenses
from person to person and the renewal of those licenses.
C.
Clubs.
[Amended 11-21-1978 by Ord. No. 513-78; 10-18-1979 by Ord. No. 560-79; 4-22-1982 by Ord. No. 679-82]
(1)
The number of club licenses to be outstanding at any
time shall not exceed 19. However, this restriction shall not be applicable
to new applications made henceforth by any duly authorized and recognized
veteran's post or nationally chartered fraternal organization which
has been nationally chartered prior to 1970, which has had substantial
roots and status in the City since before 1970, and which meets all
other criteria and standards of the Alcoholic Beverage Control Board.
All applicants for club licenses shall provide satisfactory proof
to the City Clerk that they are in compliance with and meet the requirements
set forth in N.J.A.C. 13:2-8.1 et seq.
(2)
The restriction to 19 of the number of club licenses
outstanding at any time shall not prevent the issuance of renewal
or club licenses to persons holding them at the time this article
is adopted.
(3)
Nothing contained in this article shall prevent the
holders of club licenses from securing plenary retail consumption
licenses in their place despite the numerical limitation stated in
this article, provided that any plenary retail consumption license
issued pursuant to this section shall continue to be held by a club
which can qualify under the state law and regulations for a club license.
Violation of this provision shall make the license subject to suspension
or revocation.
[Added 7-2-1981 by Ord. No. 638-81]
A.
Before any licensee to whom a license has been issued
shall start doing business for the period of time for which the license
has been issued, the licensee shall enclose the license in a suitable
wood or metal frame having a clear glass space and a substantial wood
or metal back, so that the whole of such license may be seen therein.
The license thereupon shall be so posted and at all times displayed
in a conspicuous place in the main and principal room where the licensee's
business is being carried on, so that all persons visiting such place
of business may readily see the same.
B.
It shall be unlawful for any person holding such license,
his servant, agent or employee, to post the license or to permit the
same to be posted upon premises other than the premises licensed or
upon premises where traffic in alcoholic beverages is being carried
on by any person other than the licensee, his servant, agent or employee.
[Added 7-2-1981 by Ord. No. 638-81]
No person shall be permitted to sell alcoholic
beverages within the City of Passaic without having been duly issued
a license pursuant to the provisions of N.J.S.A 33:1-1 et seq.
[Amended 6-17-1982 by Ord. No. 693-82; 6-16-2003 by Ord. No.
1581-03; 9-15-2003 by Ord. No. 1590-03; 7-19-2004 by Ord. No.
1631-04]
A.
Except as hereinafter provided, no licensee shall sell, serve, deliver, allow or permit the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on his licensed premises between the hours of 3:00 a.m. and 6:00 a.m., weekdays, and the hours of 3:00 a.m. and 11:00 a.m. Sundays, except entities holding a retail license, a plenary retail consumption license, or a plenary retail consumption license with broad package privileges shall be permitted to sell alcoholic beverages in their original packages for consumption off premises only as early as 9:00 a.m. on Sundays in accordance with Subsection B below; and except New Year's Day each year, as set forth in Subsection D. below. No licensee in possession of either a plenary retail distribution license or a limited retail distribution license, as defined by N.J.S.A. 33:1-12, shall sell, deliver, allow or permit the sale, service or delivery of any alcoholic beverages for consumption off the premises, in its original containers or allow or permit the sale, service or delivery of any alcoholic beverage between the hours of 10:00 p.m. on all nights except 11:00 p.m. on Fridays, Saturdays and legal holidays and 9:00 a.m. the following day.
[Amended 12-5-2006 by Ord. No. 1703-06; 10-6-2022 by Ord. No. 2364-22]
B.
Pursuant to N.J.A.C., no retail licensee may sell
any alcoholic beverages in original containers (package goods) before
9:00 a.m. and after 10:00 p.m. except on Fridays, Saturdays and legal
holidays.
C.
The hours during which retail licensees may be permitted
to sell wine and malt alcoholic beverages shall be extended to permit
the sale of wine and malt alcoholic beverages in their original containers
for consumption off of the premises during the hours from 10:00 p.m.
until 12:00 midnight from one week before Thanksgiving of each year
through January 1 of the following year.
[Added 12-5-2005 by Ord. No. 1678-05]
D.
Retail licensees may be permitted to sell for consumption
on the licensed premises or for consumption off of the licensed premises
in the original containers any alcoholic beverages until 5:00 a.m.
on New Year's Day.
[Added 12-5-2006 by Ord. No. 1703-06]
A.
No licensee shall allow, permit or suffer any hostess,
waitress, waiter, entertainer or other employee of any licensee to
sit at any table or stand at any bar with any customer or patron.
B.
No licensee shall allow, permit or suffer any hostess,
waitress, waiter, entertainer or other employee of any licensee to
be served with any food or drink, alcoholic or otherwise, at the table
with or at the expense of any customer or patron.
No licensee shall sell, serve, deliver or allow,
permit or suffer the service or delivery of any alcoholic beverage,
directly or indirectly, to any person actually or apparently intoxicated
or allow, permit or suffer the consumption of alcoholic beverages
by any such person upon his licensed premises.
No licensee shall allow, permit or suffer in
or upon his licensed premises any known criminals, gangsters, racketeers,
pickpockets, swindlers, confidence men, prostitutes, female impersonators
or other persons of ill repute.
[Added 7-2-1981 by Ord. No. 638-81]
Alcoholic beverages may be sold to be consumed
on any premises licensed under this article during the hours when
the licensed premises may be opened as described in this chapter,
at a bar, counter or similar contrivance so long as such bar, counter
or similar contrivance is used for the conduct of the business in
the licensed premises and is used for drinking purposes, and any such
bar, counter or similar contrivance shall be so arranged and situated
that a view of the same may, upon inspection, be had from a sidewalk
or a public thoroughfare or from any thoroughfare of ingress and egress
to which the public is freely admitted.
[Amended 7-11-1985 by Ord. No. 865-85]
A.
It shall be unlawful for a person under the legal
age for purchasing alcoholic beverages to enter any premises for the
retail sale of alcoholic beverages for the purpose of purchasing or
having served or delivered to him or her any alcoholic beverage.
B.
It shall be unlawful for a person under the legal
age for purchasing alcoholic beverages to consume any alcoholic beverage
on premises licensed for the retail sale of alcoholic beverages or
to purchase, attempt to purchase or have another purchase for him
or her any alcoholic beverage.
C.
It shall be unlawful for a person to misrepresent
or misstate his or her age or the age of any other person for the
purpose of inducing any retail licensee or an employee of a retail
licensee to sell, serve or deliver any alcoholic beverage to a person
under the legal age for purchasing alcoholic beverages.
[Amended 7-11-1985 by Ord. No. 865-85]
A parent or guardian of any person under the legal age for purchasing alcoholic beverages charged with a violation of § 75-13 of this article shall be required to attend the hearing of the complaint. For the purpose of compelling such attendance, the Judge of the Municipal Court of the City is hereby authorized and directed to cause a parent or guardian of the person under the legal age for purchasing alcoholic beverages to attend the hearing by issuing appropriate subpoenas to compel such attendance. It shall be sufficient compliance with the provisions hereof if one of the parents or one of the guardians attend the hearing pursuant hereto.
[Amended 2-21-1985 by Ord. No. 830-85; 4-18-1985 by Ord. No.
853-85]
A.
Except as provided in Subsection C of this section, no plenary retail consumption license, except renewals for the same licensed premises as heretofore have been licensed or transfers from person to person, shall be granted or transferred to other premises within a distance of 500 feet from existing licensed premises covered by a plenary retail consumption license. The licensee shall comply with the provisions aforementioned when transferring to premises more than 500 feet from the premises from which transfer is sought.
[Amended 11-7-1990 by Ord. No. 1113-90]
C.
Notwithstanding any language contained in § 75-15A hereof, a plenary retail consumption license may be transferred from person to person to premises within a distance of 500 feet from existing licensed premises covered by a plenary retail consumption license, provided that the following requirements are met:
[Amended 11-6-2014 by Ord. No. 2003-14; 11-22-2016 by Ord. No. 2081-16; 4-4-2017 by Ord. No. 2095-17]
(1)
The location to which the transfer is made had as
its most recent active use a business or businesses which had a plenary
retail consumption license or licenses; or
(2)
The location to which the transfer is made is located in the "C" Zone as defined in Chapter 317 or is a catering hall utilized for private parties and functions which is not open to the general public as a bar or restaurant; or
(3)
The location to which the transfer is made is located on Market Street
between Morris Street and South Street; or
(4)
The
location to which the transfer is made is located on Main Avenue;
or
(5)
The person or firm applying for the transfer has had
no alcoholic beverage control convictions under state, federal or
local law or regulations.
[Amended 11-7-1990 by Ord. No. 1113-90]
No plenary retail distribution license, except
renewals, for the same premises as heretofore have been licensed and
transfers from person to person shall be granted or transferred to
other premises within a distance of 500 feet from an existing licensed
premises covered by a plenary retail distribution license. The licensee
shall comply with the provisions aforementioned when transferring
to premises more than 500 feet from the premises from which the transfer
is sought.
Notwithstanding the five-hundred-foot limitation
affecting the transfer of any retail plenary consumption or distribution
licenses, the local issuing authority, at their discretion, may allow
transfer of these licenses free of the five-hundred-foot limitation
herein fixed in the event of any licensee's premises being taken for
any municipal, county, state or federal project; provided, nevertheless,
that the new location to which the license is to be transferred under
this exception shall not be located within a distance of 450 feet
of a then-existing location licensed to do business under a like license
as the one being transferred. The four-hundred-fifty-foot distance
shall be measured in the same manner as herein provided for the measuring
of the five-hundred-foot distance. In the event that any transfer
of a license should be allowed under this exception, then and in that
event, no license shall thereafter be transferred to the premises
or any part thereof so vacated by the 500 feet thereof, provided that
all other provisions of this article are complied with.
Every applicant for a transfer from place to
place shall place or cause to be placed, at least five days prior
to newspaper publication of second notice of application, on or about
the premises sought to be licensed, in full view of the street, a
sign which shall be worded the same as the newspaper notice, each
letter to be not less than two inches high and of proportionate widths,
provided that if the applicant is a corporation the names of only
the president, vice president, secretary and treasurer need appear
upon the sign. This sign shall be so maintained until the granting
or denial of the application by the local issuing authority. Proof
of the installation of the sign shall be made to the local issuing
authority by affidavit of the applicant, setting forth the wording
of the sign, the address of the premises sought to be licensed, the
place of installation of the sign, the date on which the sign was
erected and stating that the sign will be maintained pending disposition
of the application. The above proof shall be filed with the local
issuing authority at the time of the hearing on the application.
[Added 2-21-1985 by Ord. No. 830-85]
No license shall be issued for the sale of alcoholic
beverages within 200 feet of a park. Said two-hundred-foot distance
shall be measured in the normal way that a pedestrian would properly
walk from the nearest portion of property being a part of said park
to the nearest entrance of the premises sought to be licensed. The
prohibition contained in this section shall not apply to the renewal
of any license where no such park was located within 200 feet of the
licensed premises as aforesaid at the time of the issuance of the
license nor to the issuance or renewal, or both, of any license where
such premises have been heretofore licensed for the sale of alcoholic
beverages or intoxicating liquors, and such park was constructed or
established, or both, during the time said premises were operated
under said previous license.
[Amended 7-11-1985 by Ord. No. 865-85]
A.
Definition. "Nearly nude entertainment" shall include
any person performing, showing, exhibiting, acting or representing
oneself in a sexually suggestive manner and clothed in fashion that
is deemed scantily clad and/or revealing without exposing to view
any portion of the pubic area, anus, vulva or genitals or, for any
female person, exposing to view that portion of the breast referred
to as the areola or nipple.
B.
Definition.
"Lewd or immoral activity" shall include, without limitation, any
activity whereby a person lacks attire or covering on the genitals
or other "private parts," including, but not limited to, female breasts.
Engaging in or simulating sexual activity or touching is deemed "lewd
and immoral activity." Simulation of sexual activity, even if adequately
clothed, is also deemed "lewd or immoral activity." Nothing in this
section shall be deemed to curtail the definition of "lewd or immoral
activity" employed by the State of New Jersey in N.J.S.A. 13:2-23.6
or prevailing jurisprudence.
C.
It shall be unlawful for any person to conduct or
perform or allow to be conducted or performed any act involving any
lewd of immoral activity on or within any premises for which a plenary
retail alcoholic consumption license has been issued. Nearly nude
entertainment is only permissible subject to the limitations set forth
herein.
D.
Permissible nearly nude entertainment. Any establishment which operates as a retail liquor establishment that is licensed by the City of Passaic is permitted to provide nearly nude entertainment, only in a manner that is conducted strictly in accordance with the limitations set forth in this § 75-2l. Performers in any establishment offering nearly nude entertainment must be sufficiently clothed in a manner that covers all "private parts" of the entertainer's body; see-through garments and "pasties" shall not be deemed sufficient coverings. Any such performer is precluded from soliciting or accepting alcoholic beverages from patrons. Nothing in this section shall relieve an owner or operator of a property or an establishment offering nearly nude entertainment from complying with any other applicable provision or mandate of New Jersey law or the Code of the City of Passaic, including, but not limited to, N.J.A.C. 13:2-23.6 and Chapters 70, 75, 79, 103, 115, 129, 135, and 317 of the Code of the City of Passaic.
E.
Revocation of liquor license and nearly nude entertainment privileges. Upon any violation of any of the provisions of this chapter or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control, the privilege of offering nearly nude entertainment and operating a plenary retail consumption license issued by the City of Passaic shall be revoked. Such revocation proceedings shall be in conformity with due process of law requirements as described in § 75-20 of this chapter and elsewhere.
F.
Violation and penalty. Any person who is found to have violated the provisions of this section shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of this Code. In addition, the Alcoholic Beverage Control Board of the City of Passaic shall conduct a hearing pursuant to N.J.S.A. 33:1-31, to determine whether the plenary retail consumption license for the business establishment where the activity prohibited by this section occurred shall be suspended or revoked. In the event that a violation of this section occurs within a twelve-month period from any previous violation, the Alcoholic Beverage Control Board of the City of Passaic, after hearing pursuant to N.J.S.A. 33:1-31, shall revoke such retail consumption license.
G.
In addition to the provisions set forth in Subsection F, the owner of real property which leases such property to a business operating a plenary retail consumption license which offers nearly nude entertainment that employs or contracts any person who violates any provision of this article may be subject, upon the conviction thereof, to a fine: for the first offense, not less than 1,000 nor more than $1,500; for a second offense, not less than $1,500 nor more than $3,500; and not less than $3,500 nor more than $5,000 for a third and any subsequent offense.
H.
In the event that an owner of real property which leases such property to a business operating a plenary retail consumption license which offers nearly nude entertainment that employs or contracts any person who violates any provision of this article is determined to have known, or should have known, of such violation, the fines set forth above shall be doubled. An owner may be found to have knowledge of a violation sufficient to invoke the enhanced fines set forth in this Subsection H from the existence of prior violations at the subject property, whether or not the present owner was the owner of the property at the time of the earlier violations and whether or not the employee, contractor, or business who engaged in the prior violations of this article is the same employee, contractor, or business currently in violation of the provisions of this article.
