[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 12-15-1971 by Ord. No. 631R as Ch. 40 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Dancing and indecent performances — See Ch. 174.
Noise — See Ch. 204.
Sidewalk cafes — See Ch. 259, Art. VIII.
A. 
The number of licenses to sell alcoholic beverages at retail in the Borough is fixed for each classification of license as follows:
[Amended 12-28-1999 by Ord. No. 99-25R]
(1) 
Plenary retail consumption licenses: two.
(2) 
Plenary retail distribution licenses: one.
(3) 
Limited retail distribution licenses: one.
B. 
No other type of license to sell alcoholic beverages shall be granted.
[Amended 12-15-1971 by Ord. No. 631R; 3-10-1976 by Ord. No. 669R; 8-8-1979 by Ord. No. 700R; 8-14-1982 by Ord. No. 82-12R; 6-8-1988 by Ord. No. 88-13R; 12-28-1999 by Ord. No. 99-25R]
The annual license fee for each type of license is hereby fixed as follows:
A. 
Plenary retail consumption/distribution license: $2,400 in 2005 and $2,500 in 2006 and thereafter.
[Amended 6-14-2005 by Ord. No. 05-14R]
B. 
Plenary retail distribution license: $2,500.
[Amended 8-11-2009 by Ord. No. 09-06R]
C. 
Limited retail distribution license: $60 in 2005, $72 in 2006, $86 in 2007, $103 in 2008, $123 in 2009, and $125 in 2010 and thereafter.
[Amended 6-14-2005 by Ord. No. 05-14R]
A. 
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on the licensed premises on New Year's Day when it is a weekday or a Saturday between the hours of 4:00 a.m. and 7:00 a.m., on New Year's Day when it is a Sunday between the hours of 4:00 a.m. and 12:00 noon, on weekdays or Saturdays other than New Year's Day between the hours of 2:00 a.m. and 7:00 a.m. and on Sundays other than New Year's Day between the hours of 2:00 a.m. and 12:00 noon.
[Amended 7-13-2004 by Ord. No. 04-07R]
B. 
During the hours when sales are prohibited, the entire licensed premises shall also be closed, but this requirement shall not apply to establishments where the principal business is not the sale of alcoholic beverages.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding hours of sale, added 6-10-1981 by Ord. No. 728R, was repealed 7-13-2004 by Ord. No. 04-07R.
D. 
Notwithstanding the provisions of Subsections A and C hereinabove, a licensee shall be permitted to sell or suffer the sale of any alcoholic beverage on the licensed premises Christmas Eve Day and/or New Year's Eve Day between the hours of 9:00 a.m. and 10:00 p.m. when said day or days fall on a Sunday.[2]
[Added 12-26-1995 by Ord. No. 95-18R]
[2]
Editor's Note: Former § 40-4, One license per person; coverage, which previously followed this section, was repealed 12-28-1999 by Ord. No. 99-25R.
No person shall possess, sell, distribute or transport alcoholic beverages in violation of the provisions of Title 33 of the Revised Statutes of New Jersey, the amendments thereof and supplements thereto.
[Added 7-14-1993 by Ord. No. 93-11R]
A. 
Dancing and entertainment. No licensee shall engage in or shall allow, permit or suffer any person employed by such licensee to perform any dancing or other entertainment in or on any part of the alcoholic beverage licensed premises in a lewd, licentious or lascivious manner.
B. 
Exposure or indecent attire or entertainers. No licensee shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for the sale and distribution of alcoholic beverages, in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
C. 
Exposure or indecent attire of waitresses, waiters, barmaids or bartenders. No licensee shall employ, allow, permit or suffer any waitress, barmaid, waiter, bartender or any other person 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 breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
[1]
Editor's Note: See also Ch. 174, Indecent Exposure.
[Amended 12-15-1971 by Ord. No. 631R; 7-14-1993 by Ord. No. 93-11R; 12-28-1999 by Ord. No. 99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, and/or be required to perform of community service for a term not exceeding 90 days.