[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:
[Adopted 8-9-1971 as Ch. 32, Art. I, of the 1971 Code]
[Added 6-10-2024 by Ord. No. 2024-18C]
A.
Purpose. It is the purpose of this section to implement the provisions of N.J.S.A. 33:1-19.8 et seq. and N.J.A.C. 13:2-41 et seq. Specifically, under this law, a municipality may issue a plenary retail consumption license to a nonprofit corporation which regularly conducts or holds musical or theatrical performances or concerts for which admission is charged, entitled a "theater license."
B. LICENSED PREMISES QUALIFIED PERFORMANCES
Definitions. As used in this section, the following terms shall have the meanings indicated:
Includes the premises where the musical or theatrical performance or concert is held, as well as any adjacent premises owned and operated by the nonprofit licensee.
Include musical or theatrical performances, concerts, and/or any other purposes allowed in accordance with N.J.S.A. 33:1-19.7 and 33:1-19.8 at the licensed premises;
C.
The Borough of Beach Haven hereby establishes and intends to issue this special plenary retail consumption theater license in limited qualified insistences.
D.
In order to be qualified to be issued this special license, the applicant must:
(1)
Be a bona fide nonprofit corporation;
(2)
Exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code;
(3)
Identify the proposed licensed premises to the Borough;
(4)
Have exclusive possession and control of the licensed premises;
(5)
Regularly conduct qualified performances in accordance with N.J.S.A. 33:1-19.7 at the licensed premises;
(6)
Charge admission to qualified performances; and
(7)
Have a seating capacity of 50 persons or more but less than 1,000 persons or more, that is primarily used to conduct musical or theatrical performances or concerts.
E.
The licensed premises must:
(1)
Meet the requirements of N.J.S.A. 33:1-19.8;
(2)
Have a seating capacity of 50 persons or more but less than 1,000 persons or more;
(3)
Be primarily used to conduct musical or theatrical performances or concerts; and
(4)
The applicant and proposed licensed premises are qualified for licensure and comply with all applicable provisions of law.
F.
This license shall authorize the sale of alcoholic beverage(s) only:
(1)
During the two hours immediately preceding performances;
(2)
During performances, including intermission;
(3)
For not more than 15 performances in a calendar year, during the two hours immediately following performances; and
(4)
No sales in original containers for off-premises consumption shall be made under the authority of this special license.
G.
All applicants for a special license issued pursuant to N.J.S.A. 33:1-19.8 shall comply with the application, advertising and hearing provisions of N.J.A.C. 13:2-2.
H.
No license under this section shall be issued by the Borough, until, and unless, the application has been approved the Director of the Division of Alcoholic Beverage Control. Approval of an application will be conditioned upon a certification by the issuing authority and a finding by the Director of the Division of Alcoholic Beverage Control pursuant to N.J.A.C. 13:2-41.2.
I.
This special license may only be renewed by the qualified nonprofit corporation authorized to hold such license and shall be renewed as any other plenary retail consumption license, under appropriate provisions of law.
[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:
[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.