Borough of Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Caldwell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Carnival and fair licenses — See Ch. 101, Art. II.
Alcohol at outdoor events — See Ch. 101, Art. III.
Fees — See Ch. A270.
[Adopted 11-16-1964 by Ord. No. 452 as Ch. 4 of the 1964 Code]
[Amended 7-13-1999 by Ord. No. 1073-99]
This article is for the purpose of regulating the sale and transportation of alcoholic beverages in the Borough, in accordance with the provisions of N.J.S.A. 33:1-1 et seq., its supplements and amendments, and in accordance with the rules and regulations issued or to be promulgated by the Director of the Division of Alcoholic Beverage Control applicable thereto.
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcoholic content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes, or any mixture of the same, and fruit juices.
[Amended 7-13-1999 by Ord. No. 1073-99]
[Amended 7-13-1999 by Ord. No. 1073-99]
All applications for licenses under this article and all licenses issued thereunder and proceedings in connection therewith shall be subject to Title 33 of the Revised Statutes and the rules and regulations of the Director of the Division of Alcoholic Beverage Control applicable thereto and shall be subject to any other statutes of this state or of the United States, now extant or hereafter enacted, affecting such subject matters.
[Amended 4-24-1973 by Ord. No. 550-73]
A. 
The number of plenary retail consumption licenses issued and outstanding at the same time in the Borough shall not exceed three in number.
B. 
The number of club licenses, as the same are defined in N.J.S.A. 33:1-12(5), issued and outstanding at the same time in the Borough shall be as set forth in N.J.S.A. 33:1-12.14.
[Amended 7-13-1999 by Ord. No. 1073-99]
[Amended 7-13-1999 by Ord. No. 1073-99]
Annual license fees shall be as set forth in Chapter A270, Fees.
[Amended 7-28-1970 by Ord. No. 516-70; 7-10-1979 by Ord. No. 650-79; 7-14-1981 by Ord. No. 686-81; 6-22-1993 by Ord. No. 957-93B; 9-24-1996 by Ord. No. 1023-96; 8-31-1999 by Ord. No. 1087-99; 11-5-2015 by Ord. No. 1314-15; 6-6-2017 by Ord. No. 1330-17]
No licensee shall sell, deliver, allow, or permit the sale or delivery of any alcoholic beverage, whether for consumption in or off the premises, except during the hours as follows.
A. 
Consumption of alcoholic beverages shall be permitted on licensed premises during the following hours:
(1) 
On any weekday between the hours of 9:00 a.m. and 12:00 midnight and between the hours of 12:00 midnight and 2:00 a.m.
(2) 
On any Sunday between the hours of 11:00 a.m. and 12:00 midnight and between the hours of 12:00 midnight and 2:00 a.m.
B. 
Retail sale of alcoholic beverages shall be permitted on licensed premises during the following hours:
(1) 
On any weekday between the hours of 9:00 a.m. and 10:00 p.m. as provided in N.J.S.A. 33:1-1 et seq. and N.J.A.C. 1 3: 2-38.1, except for the sale of wine and malt alcoholic beverages which shall be permitted during the hours set forth in§ 53-6A(1) above.
(2) 
On any Sunday between the hours of 9:00 a.m. and 10:00 p.m., except for the sale of wine and malt alcoholic beverages which shall be permitted during the hours set forth in§ 53-6A(2) above.
C. 
Annually, on the two Sundays immediately preceding Christmas and New Year's Day, plenary retail distribution licensees may remain open from 9:00 a.m. to 9:00 p.m.
[1]
Editor’s Note: Former § 53-7, Hours of sale for plenary retail consumption licenses, as amended, was repealed 6-6-2017 by Ord. No. 1330-17.
All premises in which alcoholic beverages shall be sold or otherwise dispensed shall have reasonable access of light from the public highway. Such premises shall be deemed to have reasonable access of light when a normal-sized adult can, on inspection from the exterior, view the interior of the licensed premises.
[Amended 4-24-1973 by Ord. No. 550-73]
In premises operating under a plenary retail consumption license, no person shall be served in any back room or side room which is not open to the public. In premises operating under a club license, alcoholic beverages may be served only to bona fide club members and their guests.
It shall be unlawful for any licensee or employee thereof to sell for credit any alcoholic beverage for consumption on the licensed premises.
[1]
Editor’s Note: Former § 53-11, Sales to habitual drunkards, was repealed 6-6-2017 by Ord. No. 1330-17.
[Amended 7-13-1999 by Ord. No. 1073-99]
A. 
No licensee or employee of such licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years or allow, permit or suffer the consumption of any alcoholic beverage by any such person upon the licensed premises. No licensee or employee thereof shall allow any person under the age of 21 years to be or remain in any room upon a licensed premises where a bar is located, unless such minor is accompanied by a parent or guardian.
B. 
It shall be unlawful for any person under the age of 21 years to misrepresent his age for the purpose of inducing any licensee or employee thereof to violate the provisions of this section. Any person under 21 years of age who shall so misrepresent his age shall be punished by a fine not exceeding $50.
No licensee shall engage in or allow, permit or suffer any pool selling, bookmaking or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind, or any device or apparatus designed for any such purpose, on or about the licensed premises.
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbance, brawl or unnecessary noise nor allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
[Added 7-13-1999 by Ord. No. 1073-99; amended 10-14-2008 by Ord. No. 1187-08]
Except as otherwise provided in N.J.S.A. 33:1-1 et seq., a violation of this article shall be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Adopted 10-9-1984 by Ord. No. 737-84]
No person shall consume any liquor, wine, beer or any other alcoholic beverage, or have access to or have in his or her possession any other bottle, can, jar or any other vessel or container containing liquor, wine, beer or any alcoholic beverage under the following circumstances:
A. 
While in or on a public building, street, lane, sidewalk, public parking lot or quasi-public parking lot or any other public or quasi-public place, or in any public conveyance or vehicle.
B. 
In a public or private conveyance or vehicle while such conveyance or vehicle is in motion, stopped or parked in or on a public street, lane, public parking lot or quasi-public parking lot.
C. 
While in or on open private property, not his or her own, without having the express permission of the owner, occupant or any person authorized to grant such permission.
D. 
In a public or private conveyance or vehicle while such conveyance or vehicle is in motion, stopped or parked in or on private property without having the express permission of the owner or occupant or any person authorized to grant such permission.
No person shall discard any bottle, can, jar or other vessel used to contain liquor, wine, beer or any other alcoholic beverage upon any public street, lane, sidewalk, public parking lot, quasi-public place, or upon any private property not his or her own, without the express permission of the owner, occupant or any person having authority to grant such permission.
No person shall sell, distribute, transfer, give or by any other means supply any alcoholic beverage to any person under the legal age to purchase alcoholic beverages, in any public or quasi-public place or while in or on a public street or thoroughfare or while in a vehicle, be it moving, parked or standing, on any public street or thoroughfare. This provision shall not apply to the supplying of an alcoholic beverage in a place of worship as part of a religious ceremony.
The prohibitions contained in § 53-16 above shall not apply to any conveyance, vehicle or place specifically licensed for the transport or consumption of alcoholic beverages in accordance with law and the transport by a purchaser from a licensed retail distribution store of alcoholic beverages in original, sealed, unopened capped bottles, cans, jars or other vessels or containers.
Any individual, firm, corporation, who or which suffers, aids, abets or permits any person to violate any provision of this article shall also be deemed in violation of this article.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any individual, firm or corporation, which or who shall violate this article upon conviction thereof, shall pay a fine of up to $2,000, be imprisoned in jail for a term of up to 90 days, perform up to 90 days of community service, or a combination thereof, for each offense at the discretion of the court.