[Adopted as Ch. VI of the Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Norwood in accordance with the provisions of an act of the Legislature of the State of New Jersey entitled An Act Concerning Alcoholic Beverages, comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
For the purpose of this article, words and phrases herein shall have the same meanings as in N.J.S.A. 33:1 et seq. and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 77-1 and all other applicable laws of the State of New Jersey or the United States.
B. 
Proof of publication. Proof of publication and notice of an application for a license or the renewal or transfer of a license under the provisions of this article shall be furnished to the Borough Clerk immediately after the second publication and shall be in the form prescribed by state rules and regulations.
C. 
Issuing authority. All licenses required by this article shall be issued by the Borough Council, which shall also administer the provisions of this article.
D. 
License required. No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in § 77-1 and the provisions of this article.
E. 
License fees; maximum number.
[Amended by Ord. No. 89-0-12]
(1) 
The annual fees for licenses for the sale or distribution of alcoholic beverages in the Borough are as follows:
[Amended 6-4-1997 by Ord. No. 97:08; 3-6-2001 by Ord. No. 01:03; by Ord. No. 03:05; 8-1-2006 by Ord. No. 06:11; 4-28-2010 by Ord. No. 10:07]
Class of License/Year
Annual License Fee
Number of Licenses
Plenary retail consumption
$2,500
7
Plenary retail distribution
$2,500
7
Club
$150
1
(2) 
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
A. 
Hours of sale. No alcoholic beverages shall be sold, delivered or served or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except Sundays and New Year's Day each year as hereinafter provided.
B. 
Sundays. The provisions of Subsection A of this section do not apply to Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered, or consumed on or in the licensed premises between the hours of 3:00 a.m. and 11:00 a.m.
[Amended 9-7-2010 by Ord. No. 10:11]
C. 
New Year's Day. Provisions of Subsection A of this section shall not apply on January 1. On that day alcoholic beverages may not be sold, delivered or consumed in the licensed premises from the hours of 5:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered or consumed in the licensed premises between the hours of 5:00 a.m. and 12:15 p.m.
D. 
Sales to certain persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes or persons or permit any such persons to congregate in or about the licensed premises.
E. 
Room limitations. No person shall be served alcoholic beverages in any room which is not open to the public generally.
F. 
Display of license. Each licensee shall display the license certificate issued under this article in the licensed premises in such a manner and place that it can be seen by anyone entering the licensed place of business. The license certificate shall be framed and under glass.
G. 
Disturbances and nuisances. No licensee shall permit in any licensed premises any brawl, act of violence, disturbance or unnecessary noise. No licensee shall permit the licensed premises to be conducted in such a manner as to become a nuisance.
H. 
Closing during prohibited hours. During the hours when the sale or service of alcoholic beverages is prohibited, the entire licensed premises shall be closed. This subsection shall not apply to premises where a restaurant, hotel, motel, bowling alley or similar business is conducted. The foregoing places may remain open during the prohibited hours in order to carry on normal business activities, except for the sale and service of alcoholic beverages. If the premises remains open, however, the bar or any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed.
[Amended 5-4-2005 by Ord. No. 05:06]
A. 
Restrictions. No plenary retail consumption license or plenary retail distribution license shall be issued, nor shall any place-to-place transfer of an existing license be granted for the service or sale of alcoholic beverages upon the premises that are within 200 feet of any existing premises licensed to sell or serve alcoholic beverages under another plenary retail consumption license or plenary retail distribution license. The distance shall be measured from the nearest entrance of the nearest licensed premises to the nearest entrance of the premises sought to be licensed along the normal way that a pedestrian would probably walk as provided in N.J.S.A. 33:1-76.
B. 
Exceptions. Subsection A of this section shall not apply to the following cases:
(1) 
The renewal or person-to-person transfer of any plenary retail consumption license or plenary retail distribution license that is in existence at the time of the adoption of this article; or
(2) 
The transfer of a license to another place within 200 feet of the premises for which the license was granted, measured in the manner provided in Subsection A of this section, where the licensee has been forced to vacate the licensed premises for any reason that is not under its control and that could not have been foreseen when the license was granted. Once a transfer is granted under this section, future transfers of the same license shall be only to a place within 200 feet of the premises initially licensed and vacated by the licensee. Place-to-place transfers under the provisions in this subsection are not a matter of right, but shall be granted only in the discretion of the Mayor and Council.
(3) 
A licensee that has been permitted to relocate within 200 feet of another licensed premises in accordance with Subsection B(2) shall have the same right to expand or enlarge the premises covered by its license as it would have had he remained at the premises initially licensed and vacated.
C. 
Waiver on extraordinary circumstances. Notwithstanding the provisions of Subsections A and B of this section, the Mayor and Council may issue or transfer a license for the sale of alcoholic beverages of any category, as the same are set forth and defined in N.J.S.A. 33:1-1 et seq., within a two-hundred-foot radius of the premises for which a license for the sale of alcoholic beverages of any category is outstanding, if extraordinary and exceptional circumstances necessitate an exception to the two-hundred-foot radius limitation.
[1]
Editor's Note: Former § 77-6, Minors, was repealed 4-6-2010 by Ord. No. 10:03.
This article shall be enforced by the Police Department of the Borough.
A. 
Any license issued under this article may be suspended or revoked by the Mayor and Council of the Borough for the violation of any of the provisions of this article or the violation of any provisions of N.J.S.A. 33:1-1 to 33:1-96 and the rules and regulations of the State Director of Alcoholic Beverage Control.
B. 
Proceedings for the suspension or revocation of a license shall be in accordance with the provisions of the statutes cited by service of a five-day notice of charges preferred against the licensee. The licensee shall be afforded a reasonable opportunity for a hearing.
C. 
Suspension or revocation shall carry the penalties and prohibitions provided for in the statutes cited and shall be in addition to any of the penalties imposed for the violation of this article.