[Adopted 12-16-1975 by Ord. No. 1046 as Ch. VII of the Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough 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.
For the purpose of this article, words and phrases herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 87-1, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing authority. All licenses required by this article shall be issued by the Borough Council, who shall also administer the provisions of this article.
C. 
License required. No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the act referred to in § 87-1 and the provisions of this article.
A. 
The annual license fees for the period from July 1 to June 30, both inclusive, and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
[Last amended 5-15-2007 by Ord. No. 07-2389]
Class of License
Annual Fee
Year
No. of Licenses
Plenary Retail Consumption
$2,052
2007
13
$2,462
2008
$2,500
2009
Plenary Retail Distribution
$1,016
2007
3
$1,219
2008
$1,463
2009
$1,756
2010
$2,107
2011
$2,500
2012
Limited Retail Distribution
$60
2007
3
$63.00
2008
Club
$180
2007
4
$188
2008
B. 
The limitations on the number of plenary retail consumption licenses and plenary retail distribution licenses shall not be construed to prevent the renewal of any such licenses heretofore granted and now in effect.
C. 
Limitation of one retail license. Not more than one retail license of any class shall be granted to any person.
A. 
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, except from Monday to Friday between the hours of 6:00 a.m. and 2:00 a.m., next following, on Saturday between the hours of 6:00 a.m. and 3:00 a.m., next following, on Sundays between the hours of 12:00 noon and 2:00 a.m. next following. These hours shall constitute the opening and closing hours for places of business operating under a plenary retail consumption license or a seasonal retail consumption license and for all business establishments operating in connection with a plenary retail consumption license or a seasonal retail consumption license. At the aforesaid closing hours no person shall be permitted to remain in the licensed premises except the agents, servants or employees of the licensee. At the aforesaid closing hours, all entrances to the licensed premises shall be securely locked. All restaurants and dance halls conducted in connection with or incidental to the operation of a plenary retail consumption license or seasonal retail consumption license shall be governed by the opening and closing hours contained in this section.
B. 
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, on New Year's Day when it is a weekday between the hours of 5:00 a.m. and 6:00 a.m, or on New Year's Day when it is a Sunday, between the hours of 5:00 a.m. and 12:00 noon.
C. 
In hotels, bowling alleys and restaurants and in clubs entitled to club licenses under the law and state rules and regulations, the room in which alcoholic beverages are kept for sale, commonly known as the "barroom," must be kept closed and securely locked during the prohibited time, and the licensee and any of his employees or any other person shall not enter or be allowed to enter therein. In a restaurant or bowling alley having no room commonly known as a "barroom" but having a bar located within the room in which the food is served in the bar, during such prohibited time, must be completely screened by an open grill of not more than three-inch mesh or open iron work approved by the Chief of Police to a height of not less than four feet above the level of the bar, and all approaches to the bar must be securely locked. A restaurant shall be defined as an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room kept for the purpose of preparing, cooking and serving of food and in which dining room food is served by waiters who are other than the person known as the bartender.
A. 
Presence. No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian, except for a bowling alley or restaurant in which cases a minor shall not be permitted to be seated or to remain at, in or in proximity to the barroom or bar.
B. 
Purchase of alcoholic beverages by a minor. No minor shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
C. 
Purchase of alcoholic beverages for a minor. No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
D. 
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 18 years or to permit a person under 18 years to remain on any premises in violation of Subsection A.
E. 
Presumption. Any parent or guardian of a minor who accompanies such minor into a premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
F. 
Possession. No minor shall possess, serve, sell or consume any alcoholic beverage in any public street, highway or other public place within the Borough or while in a motor vehicle on any public street, highway or other public place in the Borough.
A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
A. 
Premises to be kept clean at all times. Licensed premises shall at all times be kept in a safe, clean and sanitary condition. All rooms, passageways, entrances, exits and stairways shall be kept lighted.
B. 
Loud noises prohibited. The public peace, decency and good order shall be maintained at all times in and about the licensed premises. No music or musical machine shall be operated in and about the licensed premises in a loud and noisy manner so as to disturb anyone off the licensed premises.
C. 
Inspection.
(1) 
No license shall be granted or transferred unless and until the premises desired to be licensed have been inspected by the Chief of Police or such other officer as the Borough Council may designate and approve. If the applicant fails to abide by any directions for a change in the premises, the application shall be denied. No licensee shall alter any licensed premises without the approval of the Chief of Police approved by the Borough Council.
(2) 
All licensed premises shall at all reasonable times be open to the inspection of the Mayor or a member of the Council or any member of the Police Department, and the licensee and his agents, servants and employees shall admit any such official freely and promptly on demand.
D. 
Access of light. All premises in which alcoholic beverages shall be sold or otherwise dispensed, except 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 person of average height can, on inspection from the exterior, view the interior of the premises or that portion in which alcoholic beverages are sold and dispensed. After closing hours a light of at least 20 candle power shall be left burning over or behind the bar.