Borough of Buena, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Buena as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 21.
Parks and recreation — See Ch. 173.
[Adopted 12-9-1949 by Ord. No. 7]

§ 64-1 Annual license fees.

[Amended 5-8-1978 by Ord. No. 240; 5-27-1980 by Ord. No. 254; 1-12-1987 by Ord. No. 329; 4-9-2012 by Ord. No. 588]
Annual license fees shall be as follows:
A. 
Plenary retail consumption license: $567.60.
B. 
Plenary retail distribution license: $237.60.
C. 
Club license: $138.60.

§ 64-2 Number of club licenses limited.

[Amended 9-9-1963 by Ord. No. 86; 7-9-1973 by Ord. No. 172]
Not more than six club licenses shall be issued and outstanding at the same time in the Borough of Buena, County of Atlantic and State of New Jersey.

§ 64-3 Closing hours; special permit.

[Amended 7-11-1966 by Ord. No. 111; 10-26-1970 by Ord. No. 141; 3-8-1976 by Ord. No. 206; 5-8-1978 by Ord. No. 240; 5-5-2003 by Ord. No. 500]
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow consumption of any alcoholic beverage upon the licensed premises on New Year's Day, between the hours of 5:00 a.m. and 7:00 a.m., and on every other day of the year between the hours of 2:00 a.m. and 7:00 a.m. Further, no licensee shall permit any person to be within the licensed premises between the closing hours above set forth, except for the licensee if he is an individual, a partner if the licensee is a partnership, or a managing principal if the licensee is a corporation, or except for those employees of the licensee who have worked until the closing hour above set forth and who are present for the purpose of cleaning or helping to close the licensed premises.

§ 64-4 Persons of ill repute prohibited on premises.

No licensee shall allow, permit or suffer in or upon the licensed premises any criminals, gangsters, racketeers, pickpockets, swindlers, confidence men, prostitutes, female impersonators or other persons of ill repute.

§ 64-5 Nuisances prohibited.

No licensee shall allow, permit or suffer in or upon the licensed premises any disturbance, lewdness, immoral activities, brawls or unnecessary noises or allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.[1]
[1]:
Editor's Note: Original Section 6, which section immediately followed this section and prescribed penalties for violations of this chapter, was repealed 1-12-1987 by Ord. No. 329.

§ 64-6 Admission to minors restricted.

[Added 5-8-1978 by Ord. No. 240]
No licensee shall allow a minor on the licensed premises unless the licensee also serves food and conducts a restaurant on said premises, and then such minor shall only be allowed thereon when accompanied by an adult during hours when food is actually served.

§ 64-7 Sales to minors and intoxicated persons prohibited.

[Added 7-11-1966 by Ord. No. 111]
Sales to minors or to intoxicated persons are prohibited.

§ 64-8 Responsibility for conduct on premises.

[Added 7-11-1966 by Ord. No. 111]
A. 
The licensee shall prevent and restrain disorder and/or disorderly conduct on the premises.
B. 
The licensee shall be responsible for all behavior on the premises.

§ 64-9 Specification of name required for application.

[Added 7-11-1966 by Ord. No. 111]
Applications for licenses shall set forth the name in which the license is to be held.
A. 
If the applicant is a corporation, the application shall set forth the officers and directors of the corporation, with their names and addresses, and the stockholders of the corporation, with their names and addresses.
B. 
Any change in officers, directors or stockholders shall void the license unless approval of such change is first obtained from the Council.

§ 64-10 Exhibition of license required.

[Added 7-11-1966 by Ord. No. 111]
The license shall be exhibited in a prominent place in the public part of the premises, and the names of the licensees shall be displayed publicly and prominently on the outside of the premises.

§ 64-11 Specification of premises required for application.

[Added 7-11-1966 by Ord. No. 111]
Application for the license shall set forth the premises intended to be used, which premises shall be inspected and approved by the Board of Health or Health Officer prior to approval by the Council.

§ 64-12 Unlawful conduct prohibited.

[Added 7-11-1966 by Ord. No. 111]
Prostitution, gambling and other unlawful conduct shall be prohibited on the premises.

§ 64-13 Suspension and revocation of license.

[Added 7-11-1966 by Ord. No. 111; amended 1-12-1987 by Ord. No. 329]
In addition to any other penalties prescribed by law for violations of this article, violators shall be subject to the additional penalty of suspension or revocation of the license.

§ 64-14 Validity of license restricted to specified premises.

[Added 7-11-1966 by Ord. No. 111]
Any license issued shall be valid only for the specified premises set forth therein.

§ 64-15 Transfers of licenses restricted.

[Added 7-11-1966 by Ord. No. 111]
No transfer of license to one with a criminal conviction shall be allowed nor shall a transfer to a corporate license be allowed where any officer, director or stockholder has a criminal conviction on his record.
[Adopted 11-13-1978 by Ord. No. 245]

§ 64-16 Definitions.

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% by volume, including beer, ale, still and sparkling wines, distilled liquors, blended liquors, fermented fruit juices or any brewed, fermented or distilled liquors fit for use for human consumption or any mixture of the same. For purposes of this article, it shall be presumed that any container labeled as containing an "alcoholic beverage" contains said beverage with the amount of alcohol, by volume, marked on the label, without the necessity of chemically analyzing the contents.

§ 64-17 Public consumption prohibited.

It shall be unlawful for any person to consume or offer to another for consumption any alcoholic beverage in or upon any public street, road, alley, sidewalk, railroad right-of-way, parking lot which is generally open to the public, outdoor facility owned or operated by the Buena Regional Board of Education, park or shopping plaza or upon any place to which the public at large is generally invited.

§ 64-18 Public possession restricted.

It shall be unlawful for any person to possess any alcoholic beverage in or upon any public street, road, alley, sidewalk, railroad right-of-way, parking lot which is open to the public, outdoor facility owned or operated by the Buena Regional Board of Education, park or shopping plaza or upon any place to which the public at large is generally invited unless the same is contained within a sealed or closed container.

§ 64-19 Consumption while operating vehicle prohibited.

No person shall consume or offer to another for consumption any alcoholic beverage in the Borough of Buena while in or upon any motor vehicle or bicycle on any of the public streets, sidewalks, parking lots which are open to the public at large, whether publicly or privately owned, or upon any of the roadways, passways, playgrounds, outdoor facilities owned or operated by the Buena Regional Board of Education, parks, shopping plazas or other thoroughfares open to general vehicular traffic in the Borough of Buena.

§ 64-20 Special permit.

The provisions of this article shall not apply to the possession or consumption of alcoholic beverages pursuant to a special permit issued by the Council of the Borough of Buena when the person possessing or consuming an alcoholic beverage is doing so in accordance with the terms and conditions of said permit and at the location authorized by said permit.

§ 64-21 Licensed premises exempt.

Nothing herein contained shall be construed to prohibit the consumption, possession or sale of alcoholic beverages on premises which are duly licensed, pursuant to a retail consumption, retail distribution, retail transit, wholesale or club license issued by the governing body of the Borough of Buena or by the Division of Alcoholic Beverage Control of the State of New Jersey.

§ 64-22 Posting of provisions.

Upon adoption of this article, the holders of all liquor licenses issued by the Borough of Buena or by the State of New Jersey, with places of business in the Borough of Buena, shall be required to post a sign, in a conspicuous place, advising patrons, customers or other persons legally on the premises of the existence of this article. Such sign shall be provided free of charge to each licensee by the Borough of Buena Department of Public Safety.

§ 64-23 Violations and penalties.

[Amended 1-12-1987 by Ord. No. 329]
Any person who violates any provision of this article or who fails to comply with any of the provisions contained herein shall, for each such violation and noncompliance, be subject to such penalties as set forth in Chapter 1, General Provisions, Article III, of this Code.