[Amended 7-9-2001 by Ord. No. 2001-11]
The number of licenses to sell alcoholic beverages
in the Borough of Beach Haven, County of Ocean, New Jersey, at retail,
shall be limited as follows:
A. Plenary retail consumption (33) licenses: 4.
B. Plenary retail consumption (32) licenses: 1.
C. Plenary retail consumption (36) licenses: 2.
D. Plenary retail distribution (44) licenses: 2.
[Amended 7-9-2001 by Ord. No. 2001-11]
Nothing in §
45-1 shall prevent the issuance of a new plenary retail consumption license to the operator of a hotel containing at least 100 sleeping rooms; provided, however, that an establishment in connection with which a license is issued pursuant to this section shall continue to be operated as a hotel containing at least 100 sleeping rooms, and, for failure so to continue, such license shall be revocable; and provided further that such license shall not be transferred to any premises not operated as a hotel containing at least 100 sleeping rooms.
[Last amended 11-13-2017 by Ord. No. 2017-34C]
The annual fees for such licenses as may be
issued in this municipality pursuant to the provisions of this article
shall be and hereby are fixed as follows:
A. Plenary retail consumption license: $2,500.
B. Plenary retail distribution license: $2,500.
No alcoholic beverage shall be sold between
the hours of 2:00 a.m. and 7:00 a.m. of any day, with the following
exceptions:
A. Sales may be extended until 3:00 a.m. on Sunday.
B. On the first day of January of each year, sales may
be made throughout the entire day.
[Amended 6-26-1978 by Ord. No. 78-7]
A. No delivery or service of any alcoholic beverage shall
be made, permitted or suffered to be made upon or within any licensed
premises during any period when the sale of alcoholic beverages is
prohibited hereby.
B. During the hours that the sale of alcoholic beverages
is prohibited as herein above provided, the entire licensed premises
shall also be closed, but this closing of premises requirement shall
not apply to bona fide hotels nor to clubs.
C. All patrons must vacate the licensed premises within
20 minutes after the time when the sale of alcoholic beverages is
prohibited. This requirement shall not apply to guests residing in
bona fide hotels nor to clubs.
The hours fixed herein shall be according to
Eastern standard time, except between the last Sunday of April and
the last Sunday of October, when Eastern daylight saving time shall
be effective.
[Amended 4-28-1975 by Ord. No. 75-8; 7-23-2001 by Ord. No.
2001-14]
It shall be unlawful for any person or persons
to possess any kind of open container of alcoholic beverage or consume
an alcoholic beverage upon any street, highway, alley, sidewalk, approach,
step or beach, in any automobile or other vehicle parked upon or driven
upon any street, highway or alley, or in any public building or any
public place except in a licensed establishment and except for wine
or malt alcoholic beverage at a restaurant as defined by N.J.S.A.
33:1-1t and as limited by N.J.S.A. 2C:33-27 and other applicable laws
or more restrictive regulations by the owner or operator of the restaurant.
Each and every license for the sale of alcoholic
beverages shall be issued subject to the provisions of the applicable
statutes of the State of New Jersey, to the rules and regulations
promulgated by the State Commissioner of Alcoholic Beverage Control
and to such rules and regulations as may be adopted by the governing
body of this municipality.
Upon conviction of a violation of any provisions
of this article or of any statute, rule or regulation aforesaid, any
license issued by this municipality may be suspended or revoked in
accordance with rules and regulations heretofore or hereafter promulgated
by the Commissioner of Alcoholic Beverage Control.