This Article is adopted to effectively carry
out the provisions, purposes and intent of an act of the legislature
entitled "An Act Concerning Alcoholic Beverages," being Chapter 436
of the Laws of 1933, its supplements and amendments (N.J.S.A. 33:1-1
to 33:1-96), as well as the general rules and regulations, special
rulings and findings from time to time promulgated by the Director
of the Division of Alcoholic Beverage Control of the State of New
Jersey.
For the purpose of this Article, the words and
terms used herein shall be deemed to have the meanings accorded them
by N.J.S.A. 33:1-1 to 33:1-96 and the rules and regulations from time
to time promulgated by the Director of the Division of Alcoholic Beverage
Control.
[Added 3-2-1993 by Ord. No. 1909]
A. No licensee shall engage in or shall employ, allow,
permit or suffer any person to perform dancing or other entertainment,
in or upon the premises of any establishment licensed for the sale
or distribution of alcoholic beverages, in a lewd, licentious or lascivious
manner.
B. No licensee shall engage in or shall employ, allow,
permit or suffer any person to appear on the premises of any establishment
licensed for the sale or distribution of alcoholic beverages, in any
act, scene, sketch or other form of entertainment, including dancing
for the benefit of patrons, with either or both breasts or the lower
part of the torso uncovered or so thinly covered or draped so as to
appear uncovered.
C. No licensee shall employ, allow, permit or suffer
any waitress, waiter or other employee who comes in contact with or
is likely to come in contact with the patrons of any establishment
licensed for the sale and distribution of alcoholic beverages to appear
in the presence of such patrons with either or both breasts or the
lower part of the torso uncovered or so thinly covered or draped so
as to appear uncovered.
D. Violations and penalties. A violation of any of the
provisions of this section shall be punishable upon conviction by
a fine of $500 or imprisonment not to exceed 15 days, or both. Each
and every day such violation exists shall constitute a separate offense.
E. Severability. In the event that any provision of this
section shall be declared invalid by any court of competent jurisdiction,
such declaration of invalidity shall not affect the remaining provisions
of this section except insofar as such provision of this section as
is declared invalid shall be inseparable from the remainder of any
provision thereof.
F. Inconsistent ordinances repealed. Any ordinances or
amendments thereto which are in conflict with or inconsistent with
the terms of this section are hereby repealed to the extent that they
are in conflict with or inconsistent with the terms of this section.
G. When effective. This section shall take effect after
final passage and publication as required by law.
[Amended 6-16-1981 by Ord. No. 1578; 9-1-1981 by Ord. No.
1584; 11-21-2006 by Ord. No. 2373-06]
A. Hours permitted.
(1) No plenary retail consumption licensee shall sell,
serve or deliver or allow, permit or suffer the sale, service or delivery
of any alcoholic beverage or allow the consumption of any alcoholic
beverage on weekdays between the hours of 2:00 a.m. and 7:00 a.m.
or on Sundays between the hours of 2:00 a.m. and 10:00 a.m.
[Amended 1-18-2011 by Ord. No. 2655-11]
(2) The provisions of Subsection
A(1) notwithstanding, plenary retail consumption licensees shall be permitted extended hours of operations as follows: When New Year’s Day falls on a Sunday, the prohibited hours shall be 2:00 a.m. to 7:00 a.m.
(3) No plenary retail distribution licensee shall sell,
serve, or deliver or allow, permit or suffer the sale, service or
delivery of any alcoholic beverage on weekdays prior to 9:00 a.m.
or subsequent to 10:00 p.m. or on Sundays prior to 12:00 noon or subsequent
to 6:00 p.m.
(4) The provisions of Subsection
A(3) notwithstanding, plenary retail distribution licensees shall be permitted extended hours of operation when December 24 and December 31 fall on a Sunday, in which case no plenary retail distribution licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages prior to 10:00 a.m. or subsequent to 8:00 p.m.
(5) On that date when there shall be a change of time
from Eastern Standard Time to Daylight Savings Time, advancing the
clock, Eastern Standard Time shall prevail, and when there shall be
a change from Daylight Savings Time to Eastern Standard Time, Daylight
Savings Time shall prevail.
(6) This section shall not apply to sales by holders of
club licenses.
B. Additional regulations. During the hours that sales
are prohibited, the entire licensed premises shall also be closed
and no person shall be permitted to remain or enter thereon except
the licensee and bona fide employees of the licensee, but this closing
of premises requirement shall not apply to establishments where the
principal business or activity is other than the sale of alcoholic
beverages.
If an employee or agent of a licensee authorized
to sell, serve or deliver alcoholic beverages at retail shall sell,
serve or deliver such beverages in violation of this Article, the
sale, service or delivery shall be deemed the act of the licensee
as well as that of the employee or agent, and the licensee as well
as the employee or agent shall be liable to any penalties provided
by this Code.
The penalty for violation of any provision of
this article shall be as elsewhere provided in this Code.