[Adopted 7-9-1984 by Ord. No. A-12-84 as
Ch. 69, Art. I, of the 1984 Code]
A.
No person shall sell or distribute any alcoholic beverages
in the City unless licensed therefor under, or otherwise in compliance
with, Title 33 of the Revised Statutes of New Jersey and the amendments
thereof and supplements thereto.
B.
Every person applying for a license hereunder or for
the transfer of any license hereunder on and after the effective date
of this article, except club licenses, shall, upon filing an application
with the Board, provide proof satisfactory to the Board that the applicant's
fingerprints have been recorded by the Rahway Police Chief or such
other police officer as he may designate.
C.
Every person applying for any license hereunder or
for the transfer of any license hereunder on and after the effective
date of this article shall, upon filing an application with the Board,
provide proof of the applicant's age satisfactory to the Board.
G.
A background
check fee of $45 shall be charged for each applicant.
[Added 12-13-2010 by Ord. No. O-29-10]
[Amended 3-9-1998 by Ord. No. O-7-1998; 4-14-2003 by Ord. No. O-16-03]
A.
The classes of licenses to be issued under this article
and the annual licenses fees to be paid for them are hereby fixed
as follows:
(1)
Plenary retail consumption licenses (commonly referred
to as "C licenses"):
[Amended 12-12-2022 by Ord. No. O-49-22]
|
Year
|
Fee
| |
|---|---|---|
|
2023
|
$2,250
| |
|
2024
|
$2,500
|
(2)
Plenary retail distribution licenses (commonly referred
to as "D licenses"):
[Amended 12-12-2022 by Ord. No. O-49-22]
|
Year
|
Fee
| |
|---|---|---|
|
2023
|
$2,250
| |
|
2024
|
$2,500
|
(3)
Club licenses (commonly referred to as "CB license"):
$150 per year.
(4)
Plenary retail consumption license theatre exception:
$150 per year.
B.
No seasonal retail consumption license or limited
distribution license shall be issued.
A.
No new plenary retail consumption licenses shall be
issued in the City unless and until the combined total number of such
licenses existing in the City is fewer than one for each 2,000 of
its population, as shown by the last then preceding federal census.
In no event, however, shall the maximum number of such licenses to
be issued exceed 20.
B.
This section shall not be construed to prevent the
renewal of licenses issued and outstanding as of June 28, 1939, or
the transfer of such licenses and the renewal of licenses so transferred.
A.
No new plenary retail distribution licenses shall
be issued in the City unless and until the number of such licenses
existing in the City is fewer than one for each 5,000 of its population,
as shown by the last then preceding federal census. In no event, however,
shall the maximum number of such licenses to be issued exceed eight.
B.
This section shall not be construed to prevent the
renewal of licenses issued and outstanding as of December 13, 1944,
or the transfer of such licenses and the renewal of licenses so transferred.
[Amended 2-13-1990 by Ord. No. A-1-90; 8-10-1992 by Ord. No.
A-18-92; 8-8-1994 by Ord. No. A-30-94]
Not more than seven club licenses shall be issued
and outstanding at the same time.
Nothing in §§ 129-3, 129-4 and 129-5 shall be deemed to prohibit the issuance of a new license to a person who files an application therefor within 60 days following the expiration of the license renewal period if the State Director of the Division of Alcoholic Beverage Control shall determine, in accordance with the provisions of P.L. 1947, c. 94 (N.J.S.A. 33:1-12.18), that the applicant's failure to apply for a renewal of his license was due to circumstances beyond his control.
A.
No licensee shall sell, serve, deliver or allow, permit
or suffer the sale, service or delivery of any alcoholic beverage,
or allow, permit or suffer the consumption of any alcoholic beverage,
on any licensed premises during the following hours:
(1)
On New Year's Day, when it is a weekday, between the
hours of 5:00 a.m. and 7:00 a.m.
(2)
On New Year's Day, when it is a Sunday, between the
hours of 5:00 a.m. and 9:00 a.m.
(3)
On other weekdays between the hours of 3:00 a.m. and
7:00 a.m.
[Amended 11-9-2022 by Ord. No. O-39-22]
(4)
On other Sundays between the hours of 4:00 a.m. and
9:00 a.m.
[Amended 11-9-2022 by Ord. No. O-39-22]
B.
During the hours when sales of alcoholic beverages
are prohibited, the entire licensed premises shall also be closed,
but such closing shall not apply to club licenses, restaurants and
bowling alleys, plenary retail consumption licenses and plenary retail
distribution licenses where the sale of alcoholic beverages is not
the exclusive business of the licensee but is carried on in connection
with another business or businesses conducted on the same premises.
C.
Whenever the Mayor, or in his absence the President
of the Municipal Council, declares that a state of emergency exists
requiring the protection of persons or property because of the probability
or imminence of mob or other violence, the Mayor or said President,
as the case may be, is hereby empowered to issue a proclamation indicating
which licensees or class of licensees shall close their places of
business and designating the period of time or times same shall remain
closed. Upon receiving oral or written notice, if practicable, in
the opinion of the Mayor or said President, as the case may be, of
such proclamation, the licensees affected thereby shall promptly obey
said proclamation, and if any such licensees fail to do so, the Chief
of Police is hereby empowered to cause the place to be closed at the
expense of the violator.
A.
It shall be unlawful for a minor to purchase, attempt
to purchase or have purchased for him or her or to have in his or
her possession any alcoholic beverage.
B.
It shall be unlawful for anyone to purchase for or
attempt to purchase for, furnish to or attempt to furnish to a minor
any alcoholic beverage.
C.
No person under the age of 21 years shall be allowed
to frequent, loiter or remain in any room or premises used or devoted
to the sale, service or consumption of alcoholic beverages unless
accompanied by his or her parent or guardian; provided, however, that
this provision shall not apply to bona fide restaurants or to guest
rooms and private and public dining rooms in hotels.
D.
It shall be unlawful for any person or persons owning,
operating or in charge of any room or premises used or devoted to
the sale, service or consumption of alcoholic beverages to permit
any person under the age of 21 years to frequent, loiter or remain
in such room or premises unless accompanied by his or her parent or
guardian; provided, however, that this provision shall not apply to
bona fide restaurants or to guest rooms and private and public dining
rooms in hotels.
[Added 7-9-1984 by Ord. No. A-12-84;
amended 8-13-2001 by Ord. No. O-41-01]
A.
No plenary retail consumption or distribution licensee
shall employ an employee on the licensed premises whose name and address
have not been listed on the E-141-A form required to be on the premises
pursuant to N.J.A.C. 13:2-23.13 and a copy delivered to the Municipal
Board of Alcoholic Beverage Control in the manner described herein.
B.
At the time of the issuance or renewal of a plenary
retail consumption or distribution license, the licensee shall deliver
to the Municipal Board of Alcoholic Beverage Control a completed E-141-A
form listing all persons employed on the licensed premises pursuant
to N.J.A.C. 13:2-23.13. The licensee shall thereafter notify the Municipal
Board of Alcoholic Beverage Control, in writing, of any additions
or deletions to said list within 24 hours of the deletion or addition.
[Added 1-10-1994 by Ord. No. A-70-93]
A.
No plenary retail license shall be issued for any
premises within 1,000 feet of any other plenary retail licensed premises
or within 1,000 feet of any church or public school house or private
school house.
B.
The Municipal Board of Alcoholic Beverage Control
may, in its reasonable discretion, waive the above restriction if
the applicant shall establish to the Board's satisfaction that such
waiver will not adversely affect on the surrounding area and the public
health, safety and welfare. When reviewing an application for a waiver,
the Board shall consider and make findings with respect to each of
the following:
(1)
Whether the location of an additional facility in
an area will have an adverse impact on adjacent residential areas;
(2)
Whether the proposed location is an area where patrons
of licensed facilities tend to congregate and/or consume alcoholic
beverages on the adjacent streets, sidewalks and properties and whether
the proposed facility is of such a type that it may be expected that
its patrons may engage in similar inappropriate behavior;
(3)
The location of any premises licensed for plenary
retail distribution in proximity to the proposed facility;
(4)
Whether the proposed facility and existing licensed
facilities are predominantly designed for use as a tavern, restaurant,
hotel or entertainment facility;
(5)
Whether there is any dominant commercial or recreational
theme in the area that would be enhanced by the presence of the proposed
facility;
(6)
Whether the proposed facility would enhance or facilitate
a redevelopment project; and
(7)
Any factors which the Board deems critical to its
decision to grant or deny an application for waiver.
Any person who violates any provisions of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
[Added 3-9-2009 by Ord.
No. O-8-09]
The Municipal Board of Alcoholic Beverage Control of the City
of Rahway has the authority to schedule mandatory meetings, at its
discretion, of all liquor license holders. These meetings are mandatory
and must be attended by anyone holding a plenary retail consumption
license and/or plenary retail distribution license or club license.
