[HISTORY: Adopted by the Mayor and Council
of the Borough of Leonia 4-3-2017 by Ord. No. 2017-1.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Chapter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.
A.
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.
B.
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.
C.
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.
D.
License fees; types of licenses not issued.
(1)
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.
(2)
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.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
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 chapter.
A.
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.
B.
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.
C.
Waiver of requirements.
(1)
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.
(2)
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.
(3)
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.
