Ventnor City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 72.
Peace and good order — See Ch. 171.
[Adopted 6-10-1940 by Ord. No. 4-1940]

§ 61-1 Violation of statute prohibited.

It shall be unlawful to possess, sell, distribute or transport any alcoholic beverage in the City of Ventnor City in violation of Title 33, Chapter 1, of the Revised Statutes of New Jersey, as amended and supplemented.

§ 61-2 Fees; classes of licenses restricted.

[Amended 5-31-1949 by Ord. No. 7-1949; 4-28-1994 by Ord. No. 9408; 3-20-2014 by Ord. No. 2014-04]
A. 
The sole permissible license for the sale of alcoholic beverages in the City of Ventnor shall be by plenary distribution retail license pursuant to N.J.S.A. 33:1-12(3)(a).
B. 
The fee for a plenary distribution retail license shall be $430 per annum.
C. 
All license fees shall be paid by cash or certified check.

§ 61-3 Number of licenses and locations restricted; renewals.

A. 
Plenary retail distribution licenses shall be limited to the existing number (14); provided, however, that such limitation shall not affect licenses which are presently outstanding or renewals of the same in subsequent years. No new plenary retail distribution license shall be issued until, by relinquishment, revocation or otherwise, the number of plenary retail distribution licenses shall be reduced below the number of 14, and then such new licenses may only be issued until the limitation of 14 is reached.
[Amended 6-4-1979 by Ord. No. 7904]
B. 
No plenary retail distribution license shall be issued for or transferred to premises fronting on the Boardwalk or approaches thereto or within 125 feet from the Boardwalk. An approach shall, for the purposes of this article, be deemed to consist of a board, concrete or other extension of the Boardwalk leading and inclining directly from a sidewalk or street to the Boardwalk.
C. 
No plenary retail distribution license shall be issued for or transferred to any premises within 500 feet of any premises for which another plenary retail distribution license is then outstanding; provided, however, that this provision shall not prevent the renewal or person-to-person transfer of existing licenses; and provided further that in the event that any building for which a license has been issued shall be destroyed or rendered uninhabitable by fire or other casualty, a transfer may be granted to other premises within 500 feet of said destroyed or uninhabitable building even though the premises to which the transfer is granted may be within 500 feet of premises for which another plenary retail distribution license is then outstanding. The distance hereinabove set forth shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of a licensed premises to the nearest entrance of the premises sought to be licensed.
[Added 2-27-1950 by Ord. No. 1-1950]
D. 
Nothing herein contained shall prevent a person holding a retail distribution license that is within 500 feet of another licensed premises from transferring his license to another premises, provided that the premises to which said transfer is made is at least as far from such other licensed premises as the premises from which such transfer is made.
[Added 4-27-1953 by Ord. No. 4-1953]
E. 
Nothing in this section, as heretofore amended, shall be deemed to prohibit the granting of a new license to a person who files application therefor within 60 days following the expiration of the license renewal period if the State Director of Alcoholic Beverage Control shall determine in writing, pursuant to N.J.S.A. 33:1-12.18, that the applicant's failure to apply for a renewal of his preceding year's license was due to circumstances beyond his control.
[Added 7-24-1967 by Ord. No. 20-1967]

§ 61-4 Number of licenses per person.

Only one plenary retail distribution license shall be granted to any person, corporation, partnership, limited partnership or association, regardless of the number of different places of business conducted by such person, corporation, partnership, limited partnership or association.

§ 61-5 Entertainment restricted.

It shall be unlawful for any licensee to permit music, dancing or floor shows in any licensed premises.

§ 61-6 Hours.

[Amended 9-28-1942 by Ord. No. 10-1942; 6-4-1979 by Ord. No. 7904]
A. 
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage between the hours of 10:00 p.m. and 9:00 a.m., and at all other times, including Sunday, the aforementioned shall be permitted.
[Amended 8-4-1980 by Ord. No. 8015; 6-1-1981 by Ord. No. 8120]
B. 
The hours above referred to shall be prevailing time.[1]
[1]
Editor's Note: Original Section 7, which immediately followed this section and dealt with delivery of alcoholic beverages on Sunday, was deleted 6-4-1979 by Ord. No. 7904.

§ 61-7 Service to minors.

[Amended 6-4-1979 by Ord. No. 7904; 8-4-1980 by Ord. No. 8015; 8-24-2000 by Ord. No. 2008]
No licensee shall sell, serve or deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age to purchase alcoholic beverage as established by law by the State of New Jersey.

§ 61-8 Violations and penalties.

[Amended 6-4-1979 by Ord. No. 7904; 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
Any person or persons, firm or corporation or officers thereof who shall violate any of the provisions of this article shall, upon conviction thereof by the Municipal Judge of the City, be subject to imprisonment in the City or county jail for a period not exceeding 90 days or to a fine of any amount not exceeding $1,000, or both, for each offense or violation. In addition, any person or persons, firm or corporation or officers violating any section of this article may have his, her or its license revoked by the Board of Commissioners of the City of Ventnor City. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.
[Adopted 5-18-2006 by Ord. No. 2006-4]

§ 61-9 Prohibitions.

It is hereby prohibited to drink or consume any alcoholic beverage on any sidewalk, street, avenue, highway, alley, public parking lot, public park, public pier, beach, boardwalk, ball field, playground, municipal building or any vehicle not on private property in the City of Ventnor City, County of Atlantic and State of New Jersey, at any time.

§ 61-10 Persons under age of 21 years.

A. 
Prohibition. It shall be unlawful for any person under the age of 21 years to consume any alcoholic beverages within the City limits of the City of Ventnor City in, at or on any public place, or in, at or on any private place unless said person is in the presence of his or her parent or guardian.
B. 
Enforcement on private property by private persons. Any private person seeing a person under the age of 21 years consuming alcoholic beverages in violation of this article may make a complaint against said minor.
C. 
Enforcement on private property by police officers. Police officers may make a complaint when, in the course of the officer's investigation, while lawfully on private property, the officer determines that a person under the age of 21 years has consumed an alcoholic beverage in violation of this article.

§ 61-11 Violations and penalties.

Any person or persons violating this article shall, upon conviction in the Municipal Court of the City of Ventnor, be subject to a fine not exceeding $1,000 or imprisonment in the county jail for not more than 90 days, or to both such fine and imprisonment, in the discretion of the Judge hearing said violation.