No license shall be issued except after written
application presented by the proposed licensee upon forms furnished
by the Borough and after compliance with publication of notice and
otherwise, as required by law.
All applications for licenses shall set forth,
in full, answers to questions prescribed by state law and by rules
and regulations of the State Director and the governing body and shall
include declarations called for by state law.
No license shall be issued to any person not
qualified under the provisions of state law and of said rules and
regulations.
The classes of licenses to be issued by the
Borough are hereby fixed as follows:
[Amended by Ord. No. 365; Ord No. 366; Ord No. 374; Ord No. 387; Ord No. 494]
A.
The number of licenses issued and outstanding to sell
alcoholic beverages in the Borough, to include within their number
any licenses issued prior to February 2, 1937, shall be restricted
and limited as shown below. Number of licenses subject to change based
upon new census.[1]
B.
The restriction in Subsection A(1) of this section to five plenary retail consumption licenses shall not be construed to prevent or restrict those licensees who, on June 27, 1938, held or possessed such plenary retail consumption licenses, or their lawful successors or transferees, from securing the renewal of licenses already issued; provided, however, that any plenary retail consumption license issued or in force on June 27, 1938, or which may be issued thereafter which is not renewed or for which application for renewal is not made as required by law within 30 days after its date of expiration shall automatically be eliminated and excluded from the number of such licenses permitted to be issued under this section and shall be classified as applications for new licenses and not renewals of existing licenses.
[Amended by Ord. No. 365; Ord. No. 540; Ord. No. 770; Ord. No. 770; Ord. No. 1108; Ord. No. 1156; 4-17-2007 by Ord. No. 1329]
A.
The annual license fees for the sale or distribution
of alcoholic beverages in the Borough of Dumont for 2007 and thereafter
shall be shall be as follows:
|
Class of Licenses/Year
|
Annual License Fee
| |
|---|---|---|
|
Plenary retail consumption license fee shall
be increased by 20% from that charged in the preceding year, as follows:
| ||
|
2008
|
$1,041 (20% increase from 2007)
| |
|
2009
|
$1,249 (20% increase from 2008)
| |
|
2010
|
$1,498 (20% increase from 2009)
| |
|
2011
|
$1,797 (20% increase from 2010)
| |
|
Seasonal retail consumption license shall be
75% of plenary retail consumption license fee for its respective year,
as follows:
| ||
|
2008
|
$780
| |
|
2009
|
$936
| |
|
2010
|
$1,123
| |
|
2011
|
$1,347
| |
|
Plenary retail distribution license fee shall
be increased by 20% from that charged in the preceding year, as follows:
| ||
|
2008
|
$595 (20% increase from 2007)
| |
|
2009
|
$611 (20% increase from 2008)
| |
|
2010
|
$733 (20% increase from 2009)
| |
|
2011
|
$879 (20% increase from 2010)
| |
B.
Limited retail distribution license fee shall be $63.
C.
Club license fee shall be $188.
[Amended by Ord. No. 365]
All license fees shall be paid in advance upon
presentation of the application. After issuance of a license, no refund
of any portion of the license fee shall be made except as may be authorized
by N.J.S.A. 33:1-31.
No more than one plenary retail consumption
license shall be issued to one individual, corporation, partnership,
limited partnership or association.
No plenary retail consumption license, no seasonal
retail consumption license and no plenary retail distribution license
shall be granted for premises located within 500 feet of any public
school or private schoolhouse not conducted for pecuniary profit.
Said 500 feet shall be measured in the normal way that a pedestrian
would properly walk from the nearest entrance of said school to the
nearest entrance of the premises sought to be licensed; provided,
however, that this prohibition shall not apply to the renewal of any
such license issued as of February 22, 1937, nor shall it apply to
the renewal of any such license where no such school was located within
said prohibited distance at the time of the issuance of said license
so to be renewed, or as otherwise excepted by the provisions of N.J.S.A.
33:1-1 et seq.
[Amended by Ord. No. 365]
A.
No plenary retail distribution license shall be granted
for any premises within 500 feet of any other premises wherein business
is carried on under an existing plenary retail distribution license;
provided, however, that these restrictions shall not apply to the
renewal of any such license issued as of February 22, 1937.
B.
No plenary retail distribution license shall be issued
to permit and no such license shall permit the sale of alcoholic beverages
in or upon any premises in which any other mercantile business is
carried on, except that such restriction shall not be deemed to prohibit
the retail sale of nonalcoholic beverages as accessory beverages to
alcoholic beverages.
No plenary retail consumption license, no seasonal
retail consumption license, no plenary retail distribution license
and no limited retail distribution license shall be issued contrary
to any zoning ordinance in the Borough; provided, however, that these
restrictions shall not apply to the renewal of any such licenses issued
as of February 22, 1937.
Licenses shall be transferable from one location
to another or from the holder of a license to a different person only
in accordance with N.J.S.A. 33:1-1 et seq., as amended and supplemented,
and with the provisions of this chapter.
A.
Any license issued under this chapter may be suspended
or revoked for violation of any of the provisions of this chapter
or of any of the provisions of N.J.S.A. 33:1-1 et seq. or of any of
the rules and regulations prescribed by said State Director of the
Division of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be
in accordance with the provisions of N.J.S.A. 33:1-1 et seq., by service
of a five-days' notice of charges preferred against the licensee,
as provided in N.J.S.A. 33:1-1 et seq., and affording of a reasonable
opportunity for a hearing. Such suspension or revocation shall carry
the penalties and prohibitions provided for in N.J.S.A. 33:1-1 et
seq.
