City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 1-7-1959.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Board of Alcoholic Beverage Control — See Ch. 9.
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 24, Sections 24.01 through 24.10 and 24.12, of the former Revised Ordinances of the City of Hoboken, adopted 1-7-1959 by Ord. No. 123.

§ 68-1 Scope of legislation.

This chapter is for the purpose of fixing license fees and regulating the sale, service, consumption and distribution of alcoholic beverages in the City of Hoboken, in accordance with the provisions of N.J.S.A. 33:1-1 to 33:1-78, the rules and regulations of the Director of the Division of Alcoholic Beverage Control of the State of New Jersey applicable thereto and the rules and regulations adopted by competent municipal authority.

§ 68-2 Sale, use and distribution regulated.

It shall be unlawful to sell, serve, distribute or permit the consumption, sale, service or distribution of alcoholic beverages otherwise than as provided in this chapter and N.J.S.A. 33:1-1 to 33:1-78.

§ 68-3 Administrative and legislative authority.

The Alcoholic Beverage Control Board of the City of Hoboken or such other body or board to whom the power to act in the premises may be vested by state law or by action of the governing body of the City of Hoboken shall constitute the municipal issuing authority for the administration of the provisions of N.J.S.A 33:1-1 to 33:1-78 under this chapter.

§ 68-4 Hours of business.

[Amended 7-16-1969 by Ord. No. 325; 6-17-1994 by Ord. No. R-50; 6-29-1994 by Ord. No. R-54; 11-2-1994 by Ord. No. R-87; 6-7-1995 by Ord. No. R-127; 12-6-1995 by Ord. No. R-158; 5-15-1996 by Ord. No. R-187; 6-5-1996 by Ord. No. R-188; 5-21-1997 by Ord. No. R-244; 5-20-1998 by Ord. No. R-314; 6-2-1999 by Ord. No. R-385; 6-7-2000 by Ord. No. R-442; 5-2-2012 by Ord. No. Z-180; 7-11-2012 by Ord. No. Z-191]
A. 
No licensee shall serve, deliver or allow, permit or refer the sale, service or delivery of any alcoholic beverages or allow or permit the consumption of any alcoholic beverage on the licensed premises on:
(1) 
New Year's Day, when it is a Sunday, between the hours of 5:00 a.m. and 11:00 a.m., and on New Year's Day, when it is any day other than a Sunday, between the hours of 5:00 a.m. and 6:00 a.m.;
(2) 
Any day for which Hoboken City Hall is designated, in writing, as closed due to a holiday, between the hours of 3:00 a.m. and 6:00 a.m.;
(3) 
Any other Sunday, between the hours of 3:00 a.m. and 11:00 a.m.;
(4) 
Any other Saturday, between the hours of 3:00 a.m. and 6:00 a.m.;
(5) 
Any other Monday, Tuesday, Wednesday, Thursday or Friday, between the hours of 2:00 a.m. and 6:00 a.m.
B. 
No licensee of an establishment that chooses to serve alcoholic beverages shall permit patrons to enter the premises after 2:00 a.m. in the morning on Saturday and/or Sunday. The provisions of this subsection shall not apply to those licensees that choose not to serve alcoholic beverages after 2:00 a.m. in the morning on Saturday and/or Sunday. Those licensees that choose to make this election must notify the City Clerk by August 1 of each year of their election. This election shall be effective for a one-year period.
C. 
A licensee of an establishment that chooses to serve alcoholic beverages shall impose a closing time of 3:00 a.m. in the morning on Saturday and/or Sunday and 2:00 a.m. in the morning on all other days. The provisions of this subsection shall not apply to those licensees that choose not to serve alcoholic beverages after 2:00 a.m. in the morning on Saturday and/or Sunday. Those licensees that choose to make this election must notify the City Clerk by August 1 of each year of their election. This election shall be effective for a one-year period.

§ 68-5 License fees.

[Amended 12-1-1982 by Ord. No. C-232; 7-2-1986 by Ord. No. V-53; 2-6-1991 by Ord. No. P-125; 9-18-1991 by Ord. No. P-154; 8-12-1992 by Ord. No. P-188; 10-20-1993 by Ord. No. R-9; 3-15-1995 by Ord. No. R-115; 3-17-2010 by Ord. No. Z-31]
The fees for licenses issued under the provisions of N.J.S.A. 33:1-1 to 33:1-78 shall be as follows:
License
Fee
Plenary retail consumption license
$2,400 per annum
Plenary retail distribution license
$2,400 per annum
Club license, including renewal
$180 per annum
Person-to-person transfer
Person-to-person and location
$480

§ 68-6 License conditions and restrictions.

It shall be unlawful for any person to conduct, within the City of Hoboken, any store or other place of business catering to public patronage wherein alcoholic liquors are sold or offered for sale, for consumption upon such store or other place of business, or to sell or offer for sale such alcoholic liquors in bottles, packages or containers to be carried from such store or other place of business, for consumption or other use elsewhere, if such store or other place of business shall be used in whole or in part in combination or conjunction with a business commonly known as a "drugstore," "apothecary" or "pharmacy" wherein drugs or articles of a medicinal nature are sold, offered for sale, compounded or dispensed; and no alcoholic liquors shall be sold or offered for sale or dispensed in a drugstore, apothecary or pharmacy by a druggist, pharmacist or apothecary or by anyone in the employ of a druggist, pharmacist or apothecary, other than such alcoholic liquors as shall be employed or used in compounding with other nonalcoholic ingredients prescribed by a physician duly licensed and registered under authority of the laws of the State of New Jersey on what is commonly known as a "prescription blank."

§ 68-7 Five-Hundred-Foot Rule. [1]

[Added 4-3-1991 by Ord. No. P-138; amended 4-1-1992 by Ord. No. P-181]
A. 
No plenary retail consumption license, except renewals for the same licensed premises and transfers of license from person to person within the same premises, shall be granted or transfer made to other premises within a distance of 500 feet from any other premises then covered by a plenary retail consumption license. There shall be no exceptions to this restriction. Should a license held by a restaurant be transferred to another location for use as a tavern, the restriction promulgated herein shall apply.
B. 
No plenary retail distribution license, except renewals for the same premises and transfers from person to person, shall be granted or transfer made to other premises within a distance of 500 feet from any other premises then covered by a plenary distribution license.
C. 
Where the five-hundred-foot distance is referred to in this section, the same shall be measured by a distance from the center of the entrance door of an existing tavern to the center of the entrance door of a proposed licensed premises as measured by walking along the sidewalk from point to point without any diagonal crossing of streets. If it is necessary to cross a street, such steps are to be taken at the lawful crosswalks in a direct manner. The local license issuing authority may, in its discretion, grant a transfer of an existing license to the same licensee to other premises within 250 feet of the premises from which the transfer is made, notwithstanding that the premises to which the license is so transferred is within 500 feet of an existing plenary retail consumption licensed premises, and grant transfer of such license free of such five-hundred-foot limitation herein fixed in the event of any licensed premises being taken by condemnation for any municipal, county, state or federal project; provided, nevertheless, that the new location to which the license is to be transferred under this exception shall not be located within a distance of 250 feet of a then-existing location licensed to do business under a like license as the one being transferred. Said two-hundred-fifty-foot distance shall be measured in the same manner as herein provided for the measuring of the five-hundred-foot distance. In the event that any transfer of a license should be allowed under this exception, then and in that event no license shall thereafter be transferred to the premises or any part thereof so vacated by such transfer, nor within a radius of 250 feet thereof; provided, however, that all other provisions of this chapter and applicable law relating thereto are complied with.
D. 
"Restaurant," as defined in this section, shall mean an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food for its customers and in which no other business, except such as is incidental to such establishment, is conducted and where such premises shall conform to local and state fire and health codes.
E. 
This section shall not apply to the Southern Redevelopment Area as defined in Ordinance R-116, passed at the third and final reading on March 15, 1995. However, in said area, the number of retail consumption licenses shall be limited to seven.
[Added 5-15-1996 by Ord. No. R-187; amended 12-3-2014 by Ord. No. Z-321]
[1]
Editor's Note: Former § 68-7, Proximity to other licensed premises; relocation and transfers, added 5-4-1996 by Ord. No. 267, as amended, was repealed 4-1-1987 by Ord. No. V-94.

§ 68-8 Club licenses.

For the purposes of this chapter, a "club" shall mean an organization, corporation or association consisting of 100 or more persons operating solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain. The term "club member" shall mean any person in good standing who has been admitted to membership in the manner regularly prescribed by the bylaws of a club and who maintains his membership in a bona fide manner, and whose name and address is entered on the list of membership.

§ 68-9 Identification of licensees and employees.

A. 
After approval of an application, and before the license is issued, every plenary retail consumption licensee, agent or other employee connected with or employed by, or to be connected with or employed by, the licensee shall make full and complete answers, in writing, on forms furnished by the Department of Public Safety, to all questions printed thereon as to the identity, character, antecedents and general experience of any such licensee, agent or other employee.
B. 
If a plenary retail consumption license is granted or transferred, the Department of Public Safety shall furnish the licensee, agent or other employees connected with or employed by the licensee an identification card showing compliance with the provisions of this section. The identification card issued pursuant thereto shall be on file on the licensed premises so that it can be submitted upon demand at any time during business hours. The identification card shall expire on June 30 of each year, at which time a new identification card shall be issued by the Department of Public Safety.
C. 
No licensee shall engage any agent or employee connected with the business of the licensee, unless the agent or employee has conformed to the rules and regulations set forth in this section pertaining to the particular license involved, and if any new agents or employees are hired by the licensee, such new agents or employees shall comply with the regulations pertaining to the license involved, set forth in this section, before being permitted to work in the licensed premises.
D. 
If the applicant for a plenary retail consumption license is a corporation, all the officers thereof shall comply with the regulations of this section pertaining to the license involved, and should there be a replacement or election of new officers during the licensed term, such replaced or newly elected officers must comply with the requirements of this section.

§ 68-10 Suspensions and revocation.

A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any statute of the State of New Jersey or of the United States, respecting alcoholic beverages, or any of the regulations and rules of the Alcoholic Beverage Control Board of the City of Hoboken or other competent municipal authority or the State Director of the Division of Alcoholic Beverage Control, or any City ordinance relating to the licensed premises.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-1 to 1-78 and the rules and regulations relative thereto promulgated by the State Director of the Division of Alcoholic Beverage Control and the Alcoholic Beverage Control Authority of the City of Hoboken.

§ 68-11 Unlawful activities.

No licensee, under this chapter, or agent or other employee connected with or employed by, or to be connected with or employed by, the licensee shall:
A. 
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 alcoholic beverages by any such person on the licensed premises.
B. 
Allow, permit or suffer in or upon the licensed premises any prostitute, female impersonator, pickpocket, swindler, confidence man or any notorious criminal, gangster, racketeer, or other person of ill repute, or allow, permit or suffer the licensed premises or the licensed business to be used in furtherance or aid of, or in connection with, any illegal activity or enterprise resulting in a conviction in a criminal prosecution.
C. 
Allow, permit or suffer in or upon the licensed premises any lewdness, immoral activity or foul, filthy or obscene language or conduct or any brawl, act of violence, disturbance or unnecessary noise or allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
D. 
Sell, serve or deliver, or permit or suffer the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any mental defective, habitual drunkard or intoxicated person nor permit the same to congregate in or about the licensed premises.
E. 
Allow, permit or suffer in or upon the licensed premises any lottery to be conducted, or any ticket or participation right in any lottery to be sold or offered for sale, or possess, have custody of or allow, permit or suffer any such ticket or participation right in or upon the licensed premises. However, this subsection shall not apply to bingo or raffles or tickets or participation rights therein being conducted pursuant to appropriate permit under the Bingo Licensing Law (N.J.S.A. 5:8-24) or the Raffles Licensing Law (N.J.S.A. 5:8-50), but in any such instance of bingo at licensed premises, the licensee, during the period between the commencement of the first and the conclusion of the last game, shall not sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage in any room or outdoor area where bingo or any part thereof is being conducted.
F. 
Suffer or permit any bookmaking, gambling or gambling device in, on or about the licensed premises.
G. 
Allow, permit or suffer any dancing exhibition in or on any licensed premises, or any part of the licensed premises. However, this prohibition shall not apply to the following:
[Added 6-19-1968 by Ord. No. 311; amended 8-19-1971 by Ord. No. 363]
(1) 
Any licensed premises that has adequate kitchen and dining room facilities and which premises are used for providing and serving food as a principal part of its business.
(2) 
Any club as defined in State Regulation 7, Rule 1, of the Rules and Regulations of the Division of Alcoholic Beverage Control of the State of New Jersey.
H. 
Exposure of indecent attire of entertainers. No license shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for the same and for 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.
[Added 2-17-1993 by Ord. No. P-216]
I. 
Exposure or indecent attire of waitresses or barmaids. No licensee shall employ, allow, permit or suffer any waitress, barmaid or any other person, who comes in contact with or is likely to come in contract 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.
[Added 2-17-1993 by Ord. No. P-216]

§ 68-12 License display and inspection.

The license issued hereunder, as well as any and all other licenses that may be required in the operation of the licensee's business, shall at all times be conspicuously displayed in the licensed premises, and the licenses shall at all times be subject to inspection by members of the Police Department, the License Supervisor and such other local state or federal officials whose duties may so require.

§ 68-13 Consumption in public.

[Added 10-17-1973 by Ord. No. C-5]
A. 
The drinking of alcoholic beverages on the public streets of Hoboken is hereby prohibited. No person shall serve, sell, dispense, drink or consume any alcoholic beverage on a public street, highway, avenue, alley or road of the municipality, or upon any public grounds, parks, sidewalks, marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin in said municipality.
B. 
Violation of any provision of this chapter shall be punishable by one or more of the following:
[Amended 7-13-1988 by Ord. No. P-13]
(1) 
Imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners;
(2) 
By a fine not exceeding $1,000; or
(3) 
By a period of community service not exceeding 90 days.
C. 
Definition. As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Beer, wine, whiskey, gin, cordials, mixed drinks or similar drinks containing alcohol.
D. 
This chapter shall in no way interfere with the authority of the City Clerk and/or the Alcoholic Beverage Control Board of the City of Hoboken to issue temporary licenses for the consumption of alcoholic beverages pursuant to the laws of the State of New Jersey, or where such alcoholic beverages may be consumed.

§ 68-14 Rules and regulations governing licensees.

[Added 5-18-1994 by Ord. No. R-45; 8-17-1994 by Ord. No. R-60]
A. 
All employees that serve alcoholic beverages, including bartenders, waiters, waitresses and captains, shall be required to take one course dealing with the dangers of alcohol abuse and to determine how to detect intoxication. This course shall be administered under the direction of the Business Administrator, who shall have the authority to select an outside agency that is expert in the above topics, to conduct such classes. The cost for such courses shall be paid for by the licensee.
B. 
Licensed premises shall not be permitted to hold events in which alcoholic beverages are not served and which cater to those under the age of 21; provided, however, that such events may be held if all alcoholic beverages are removed from view and stored in a locked cabinet and all signs, banners and advertisements relating to alcoholic beverages are removed from view.
C. 
The Business Administrator is directed to meet with licensed premises owners to promote a designated driver or Party Smart program whereby patrons that travel by automobile are to be encouraged to ensure that a designated driver shall be able to drive the automobile to and from the licensed premises.
D. 
Banners, flags and/or pennants that promote the consumption of alcohol shall be prohibited. The Hoboken Zoning Ordinance shall be so amended.[1]
[1]
Editor's Note: See Ch. 196, Zoning, § 196-31F.
E. 
Each licensee shall be required to post in a public place, and plainly visible to patrons, signs that set forth the penalties for a public consumption of alcoholic beverages, disturbances of the public peace and/or indecent exposure. These signs shall be posted at two such locations at each bar.

§ 68-15 Identification cards.

[Added 6-29-1994 by Ord. No. R-56; amended 8-17-1994 by Ord. No. R-61]
This section shall provide an application fee and licensing requirements for the issuance of identification cards for licensees and covered employees.
A. 
Definition. A "covered employee" is an employee or agent who either:
(1) 
Serves alcoholic beverages as part of his/her job duties;
(2) 
Is a waiter or waitress;
(3) 
Is any employee that has supervisory authority; or
(4) 
Is any employee whose duties include the performance of security functions.
B. 
After approval of an application and before the license is issued, every plenary retail consumption licensee or covered employee shall provide full and complete answers, in writing, on a form identified as an alcohol beverage control employee application, furnished by the Department of Public Safety, to all questions presented thereon as to identity, character, antecedents and general experience of any such licensee or covered employee.
C. 
The licensee or covered employee shall, along with filing the application, attach thereto one color passport photograph, two inches by two inches. Said photograph is not to have been taken more than 30 days prior to the execution of the application.
D. 
The licensee or covered employee shall submit to having his/her fingerprints taken as a requirement of the application process.
E. 
Two separate and distinct forms of identification shall be submitted by the licensee or covered employee while executing the alcoholic beverage employee application for review by an appropriate official.
F. 
The applicant shall provide a money order or check, payable to the City of Hoboken, for the sum of $50 to defray the expense of processing the application. Also, the applicant shall provide a money order or check to be payable to the New Jersey State Police, Identification Division, in an amount which shall be the current charge posted by the New Jersey State Police, Identification Division, for the fingerprint processing fee for each applicant. The fingerprint processing fee may be subject to change as the New Jersey State Police, Identification Division, changes or regulates their fee schedule.
[Amended 10-5-1994 by Ord. No. R-81]
G. 
If a plenary retail consumption license is granted or transferred, the Department of Public Safety shall, upon application of the licensee or covered employee, issue an identification card showing compliance with the provisions of this section. The identification card, issued pursuant thereto, shall be physically located on the licensed premises so that it can be submitted upon demand at any time during business hours. The identification card shall remain valid for the remainder of the calendar year in which it was issued; as well as the next complete calendar year. It shall expire on the 30th of June of the third calendar year. The individual holder shall undergo a renewal procedure resulting in the issuance of a new identification card by the Department of Public Safety.
H. 
The licensee or covered employee, whose primary function is the serving of alcoholic beverages or the performance of security duties, while in the exercise of his/her duties on the licensed premises, shall at all times conspicuously wear the presentation side of the identification card bearing the individual's first name and identification number. For purpose of this subsection, a waiter, waitress or other type of employee whose primary function is the serving of food or performing of services that does not require the delivery of service of alcoholic beverages or only incidentally involves the service of alcoholic beverages while serving a meal shall not be covered by this subsection.
I. 
Renewal requirements shall compel the licensee or covered employee in making a formal application to renew his/her permit prior to its expiration on June 30. Renewal, as defined under this section, shall occur prior to the expiration of the applicant's identification card as outlined in Subsection G. The fee of $50 shall be submitted each time a renewal application is introduced.
J. 
No licensee shall engage any covered employee connected with the business of the licensee, unless the covered employee has conformed to the rules and regulations set forth in this section. If new covered employees are hired by the licensee, such new covered employees shall comply with the regulations set forth in this section before being permitted to work in the licensed premises.
K. 
If the applicant for a plenary retail consumption license is a corporation, all the officers thereof shall comply with the regulations of this section pertaining to the license involved; and should there be a replacement or election of new officers during the licensed term, such replaced or newly elected officers must comply with the requirements of this section.
L. 
All fees received under this section shall be deposited in the City of Hoboken Law Enforcement Trust Fund.
[Amended 6-4-1997 by Ord. No. R-248; 1-20-1999 by Ord. No. R-368]
M. 
Any identification card issued to a covered employee or licensee under this chapter may be suspended or revoked by the Alcoholic Beverage Control Board of the City of Hoboken if the covered employee or licensee engages in any conduct that is deemed to be a violation, or causes a licensed premises to be in violation of any of the provisions of this chapter or any statute of the State of New Jersey or the United States regarding alcoholic beverages, or any of the regulations or rules of the Alcoholic Beverage Control Board of the City of Hoboken or other competent municipal authority, the State Director of the Division of Alcoholic Beverage Control, or any City ordinance relating to a licensed premises.
[Added 1-7-1998 by Ord. No. R-283]
N. 
Any covered employee or licensee whose identification card is subject to suspension or revocation shall be entitled to a hearing before the Alcoholic Beverage Control Board of the City of Hoboken.
[Added 1-7-1998 by Ord. No. R-283]

§ 68-16 Replacement cards; fee.

[Added 10-5-1994 by Ord. No. R-81]
In the event that an applicant shall lose his/her bar identification card, a replacement card may be obtained for a fee of $5, check or money order.