[Adopted 6-10-1940 by Ord. No. 4-1940]
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.
[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.
Three
permissible license types for the sale of alcoholic beverages in the
City of Ventnor shall be by:
[Amended 4-28-2022 by Ord. No. 2022-03;4-28-2022 by Ord. No. 2022-004]
(1)
Plenary
distribution retail license pursuant to N.J.S.A. 33:1-12(3)(a).
(2)
Plenary
retail consumption license pursuant to N.J.S.A. 33:1-12(1).
(3)
A club
license issued in accordance with the Alcoholic Beverage Law, N.J.S.A.
33:1-1 et seq., as modified by N.J.S.A. 52:17B-1 et seq., for premises
with the corporate limits of the City of Ventnor.
B.
The fee for a plenary distribution retail license, plenary retail consumption license, and a club license shall be in the amount set forth in Chapter 114, Fee Schedule.
[Amended 4-28-2022 by Ord. No. 2022-03; 4-28-2022 by Ord. No. 2022-004]
C.
All
license fees shall be paid by cash or certified check.
[Amended 2-27-1950 by Ord. No. 1-1950; 4-27-1953 by Ord. No. 4-1953; 7-24-1967 by Ord. No. 20-1967; 6-4-1979 by Ord. No. 7904; 4-28-2022 by Ord. No. 2022-03]
A.
Plenary retail
distribution licenses (44).
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
Plenary
retail consumption licenses (33).
(1)
The
number of consumption licenses shall be fixed at three.
(2)
Plenary
retail consumption license. The holder of this license shall be entitled,
subject to rules and regulations, to sell any alcoholic beverages
for consumption on the licensed premises by the glass or other open
receptacle, and also to sell any alcoholic beverages in original containers
for consumption off the licensed premises; but this license shall
not be issued to permit the sale of alcoholic beverages in or upon
any premises in which a grocery, delicatessen, drug store or other
mercantile business is carried on, except as hereinafter provided.
The holder of this license shall be permitted to conduct consumer
wine, beer and spirits tasting events and samplings for a fee or on
a complimentary basis pursuant to conditions established by rules
and regulations of the Division of Alcoholic Beverage Control, provided
however, that the holder of this license complies with the terms and
conditions set forth in section 3 of P.L. 2009, c. 216 (C. 33:1-12d).
C.
Club licenses
(31).
(1)
The
number of club licenses to sell any alcoholic beverages for immediate
consumption on the licensed premises and only to bona fide members
and their guests is hereby fixed at five.
(2)
Said
club licenses shall be issued only to such corporations, associations
and organizations as are operated for benevolent, charitable, fraternal,
social, religious, recreational, athletic or similar purposes and
not for private gain, and which comply with all conditions which may
be imposed by the Commissioner of Alcoholic Beverage Control by rules
and regulations, but shall not be subject to any resolution, ordinance
or regulation heretofore adopted by the Ventnor City Commission as
to distance from another licensed premises.
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.
It shall be unlawful for any licensee to permit
music, dancing or floor shows in any licensed premises.
[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]
[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.
[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.
