[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 4-3-2017 by Ord. No. 2017-1. Amendments noted where applicable.]
Editor’s Note: This ordinance also repealed former Chapter 80, Alcoholic Beverages, comprising Art. I, Licensing, adopted 1-4-2010 by Ord. No. 24-09, as amended, Art. II, Consumption in Public, adopted 7-8-1974 by ord. No. 738 (§§ 75-4 to 75-8 of the 1982 Code), as amended, Art. III, Sales on Sundays, adopted 6-22-1981 by Ord. No. 913 (§ 75-9 of the 1982 Code), as amended, and Art. IV, Consumption or Possession by Underage Persons, adopted 10-20-2008 by Ord. No. 28-08.
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Leonia in accordance with the provisions of an act of 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 chapter, 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.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in § 80-1, and all other applicable laws of the State of New Jersey or the United States.
Issuing authority. All licenses required by this chapter shall be issued by the Mayor and Borough Council, which shall also administer the provisions of this chapter.
License required. No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in § 80-1 and the provisions of this chapter.
License fees; types of licenses not issued.
The Mayor and Council of the Borough are hereby authorized, on an annual basis, to establish a fee schedule for plenary retail consumption, plenary retail distribution and club liquor licenses and renewals thereof, within the monetary limits provided by the provisions of the New Jersey Statutes.
Types of licenses not issued. Seasonal retail consumption licenses and limited retail distribution licenses shall not be issued in the Borough. Club licenses shall be issued in the Borough in accordance with the provisions of the statute in such case made and provided, except as the same may be otherwise modified by the rules and regulations of the Director of Alcoholic Beverage Control.
Hotels and motels containing 100 sleeping rooms. Nothing in Subsection D shall be deemed to prohibit issuance of a new plenary retail consumption license to a person operating a hotel or motel containing at least 100 bona fide sleeping rooms; provided, however, that any such new plenary retail consumption license shall be issued subject to the condition that the establishment continue in operation as a hotel or motel containing at least 100 bona fide sleeping rooms, and provided further that such license shall not be renewed or transferred except for premises operated as a hotel or motel containing at least 100 bona fide sleeping rooms.
Hours of sale. No alcoholic beverages shall be sold, delivered, or served to or consumed in any licensed premises for on-premises consumption on any day between the hours of 2:00 a.m. and 7:00 a.m., except New Year's Day each year as hereinafter provided.
New Year's Day. Provisions of Subsection A shall not apply on January 1. On that day, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered to or consumed between the hours of 5:00 a.m. and 12:00 noon.
Sundays from May to October. Provisions of Subsection A shall not apply on Sundays from and including the last Sunday in May to and including the first Sunday in October of each year, the hours when the sale, service and delivery of alcoholic beverages on Sunday for on-premises consumption shall be prohibited shall be between 2:00 a.m. and 10:00 a.m.
Hours of sale. No alcoholic beverages shall be sold, delivered to or served in any licensed premises for off-premises consumption on any day between the hours of 12:00 midnight and 11:00 a.m., except Sundays as hereinafter provided.
Sundays. No retail liquor licensee of any class shall sell, deliver to or permit or offer for sale, service or delivery for off-premises consumption any alcoholic beverage before 11:00 a.m. and after 11:00 p.m. on Sundays.
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
During the hours that the sale of alcoholic beverages is prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee.
The times herein mentioned shall refer to the time in common use in the Borough.
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
Any license issued under this chapter may be suspended or revoked for 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.
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.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
Minimum distance between entrances. No retail liquor license of any class within the Borough shall be granted for or transferred to any premises, the entrance of which is within the area of a circle having a radius of 1,000 feet and having as its center point any entrance of an existing licensed premises covered by any class of retail liquor license. Should any premises have any more than one entrance, the above shall apply to any location within the prescribed distance of all the entrances. "Entrances" shall be defined to mean only those entryways into the building to which the public would normally have access and shall not be deemed to include any entryway used solely by personnel and employees of and deliveries to the establishment.
Method of computing distance. The distance requirements from licensed premises as contained in Subsection A shall be computed in linear feet in a straight line from any entrance of the existing licensed premises, without regard as to the manner that a person would walk from one such entrance to another.
Waiver of requirements.
The distance requirements from licensed premises as contained in Subsection A may be waived by the Mayor and Council of the Borough in its discretion to allow the transfer of any such license if the premises shall have been taken by the power of eminent domain by any municipal, county, state or federal project.
The distance requirements from licensed premises as contained in Subsection A shall not apply to a motel, hotel or club which allows the serving of alcoholic beverages for consumption on its premises.
The waiver of distance requirements from licensed premises, as set forth above, may further be granted by the Mayor and Council of the Borough upon application to it by any licensee holding a license for the sale of alcoholic beverages, after public hearing on such application. Notice of such public hearing shall be published in the official newspaper of the Borough at least 14 days prior to the scheduled public hearing. The licensee shall have the burden of proof to establish good cause for the Mayor and Council to waive strict compliance and application of the minimum distance requirements. The Mayor and Council may waive the requirements based upon a majority vote of the governing body and shall set forth its reasons to waive the distance requirements in a written resolution made available for public inspection.