[HISTORY: Adopted by the City Council of
the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 7 of the 1968 Code. Amendments
noted where applicable.]
This chapter is for the purpose of fixing license
fees and regulating the sale of alcoholic beverages in the City in
accordance with the provisions of N.J.S.A. 33:1-1 to 33:1-96, and
supplements and amendments thereto, and in accordance with the rules
and regulations promulgated or to be promulgated by the State Commissioner
of Alcoholic Beverage Control applicable hereto, and in accordance
with the rules and regulations of the City not inconsistent with the
Act or rules and regulations of the State Commissioner.
A.
No licensee under this chapter shall sell, serve,
deliver or allow, permit or suffer the sale, service or delivery of
any alcoholic beverage, or permit consumption of alcoholic beverages
on the licensed premises on a Sunday between the hours of 2:00 a.m.
and 1:00 p.m. nor on Christmas and New Year's Day between the hours
of 4:00 a.m. and 6:00 a.m. nor on any other Thursday, Friday or Saturday
between the hours of 3:00 a.m. and 6:00 a.m. nor on any other Monday,
Tuesday or Wednesday between the hours of 2:00 a.m. and 6:00 a.m.
[Amended 12-28-1977 by Ord. No. 74-1977; 11-10-1980 by Ord. No. 15-1980; 11-23-1981 by Ord. No. 29-1981]
B.
During hours when sales are prohibited by this section,
the entire licensed premises shall also be closed, but this closing
of premises requirement shall not apply to bona fide hotels, to restaurants
or to clubs qualified for club licenses under N.J.S.A. 33:1-12, Subdivision
5, provided that where a licensee operates a restaurant in conjunction
with his alcoholic beverage licensed business, such restaurant shall
be closed between the hours of 2:00 a.m. and 6:00 a.m. on a Sunday
and between the hours of 2:00 a.m. and 6:00 a.m. on a weekday other
than Christmas and New Year's Day, on which two days such restaurant
shall be closed between the hours of 4:00 a.m. and 6:00 a.m.
C.
The term "restaurant," as used in this section, means
an establishment regularly and principally used for the purpose of
providing meals to the public, having an adequate dining room and
kitchen equipped for the preparing, cooking and serving of food.
No licensee under this chapter shall sell, serve
or deliver, or allow, permit or suffer the sale, service or delivery
of, any alcoholic beverage to any mental defective, habitual drunkard
or intoxicated person, nor shall a licensee permit consumption of
any alcoholic beverage on the licensed premises by any such person
or permit any such persons to congregate in or about the licensed
premises.
No licensee under this chapter shall, directly
or indirectly, solicit from house to house, personally or by telephone,
the purchase of alcoholic beverages, nor allow, permit or suffer such
solicitation.
The Municipal Board of Alcoholic Beverage Control
of the City, having been duly constituted by the City Council, shall
be the authority for the administration of the issuance of all licenses
under this chapter.
No license shall be issued except after written
application has been presented by the proposed licensee upon forms
furnished by the Municipal Board of Alcoholic Beverage Control of
the City, and after publication of notice, and as otherwise required
by state law and this chapter.
[Amended 3-28-1988 by Ord. No. 10-1988; 4-26-2004 by Ord. No. 13-2004; 7-18-2011 by Ord. No.
21-2011]
The fees for liquor licenses issued under the provisions of
this chapter and state law shall be as follows:
A.
For a plenary retail consumption license: $2,500 per annum.
B.
For a plenary retail distribution license: $1,728 per annum.
C.
For a club license: $188 per annum.
D.
Fees for a person-to-person or place-to-place transfer of a plenary
retail consumption license: $250; fees for a person-to-person and
place-to-place transfer of a plenary retail consumption license: $500.
E.
Fees for a person-to-person or place-to-place transfer of a plenary
retail distribution license: $172.80; fees for a person-to-person
and place-to-place transfer of a plenary retail distribution license:
$345.60.
F.
For each special permit for social affairs: an application fee of
$25.
G.
For a plenary retail consumption license with broad package privilege:
$2,500 per annum.
H.
For a seasonal plenary retail consumption license: $1,875 per annum.
I.
For a hotel/motel plenary retail consumption license: $2,500 per
annum.
J.
For a theater plenary retail consumption license: $2,500 per annum.
K.
For a limited plenary retail distribution license: $63 per annum.
[Amended 12-28-1977 by Ord. No. 73-1977]
Except as otherwise provided in this section,
not more than 22 plenary retail consumption licenses, 15 plenary retail
distribution licenses and six club licenses shall be in effect in
this City at any one time, provided that the foregoing limitation
shall not apply where an application for a license is made for premises
operated as a bona fide hotel having 100 or more sleeping rooms equipped
for the accommodation of guests. Where any such plenary retail consumption
license is issued for premises operating as such hotel, the sales
of alcoholic beverages shall be limited for consumption within the
hotel establishment.
No limited retail distribution or seasonal retail
consumption licenses shall be issued. No plenary retail distribution
license shall be issued to permit the sale of alcoholic beverages
in or upon any premises in which any other mercantile business is
carried on, provided that the holder of any such license shall be
permitted to sell nonalcoholic beverages in original containers for
consumption off the licensed premises; provided, further, that nothing
herein shall prohibit the sale of ice, tobacco and prepared foods
of a type and kind normally incident to the service and consumption
of alcoholic beverages, and glassware.
A.
No plenary retail distribution license or plenary
retail consumption license shall be transferred to different premises
within 625 feet of any other licensed establishment as aforesaid,
provided that nothing herein shall prevent renewals or transfers to
another licensee of licenses heretofore issued for use on the same
premises on which the license is presently in operation. Notwithstanding
the foregoing provision, the Board of Alcoholic Beverage Control of
this City may, after hearing and upon review of the location and availability
of other licensed establishments to persons living in and utilizing
the facilities located in and around the proposed location and review
of general neighborhood characteristics and boundaries, determine
that approval of the transfer shall be permitted upon a finding that
the following conditions exist:
(1)
There is a hardship confronting the licensee by reason
of acquisition by a public agency of the premises utilized by the
licensee.
(2)
There is no undue concentration of establishments
of the type to be relocated in the immediate area.
(3)
The proposed location is appropriate for the type
of operation anticipated.
B.
The six-hundred-twenty-five-foot requirement as provided
herein shall be measured radially in all directions from the main
entranceway of the new proposed location of the licensed establishment
seeking a transfer to the main entranceway of existing licensed premises.
Any license issued pursuant to this chapter
may be suspended or revoked by the Municipal Board of Alcoholic Beverage
Control of the City for any violation of any of the provisions of
this chapter or for the violation of any of the provisions of N.J.S.A.
33:1-1 to 33:1-96, or any amendments or additions thereto, or of any
of the rules and regulations promulgated by the State Commissioner
of Alcoholic Beverage Control.
No licensee shall sell, serve or deliver or
allow, permit or suffer the sale, service or delivery of any alcoholic
beverage, directly or indirectly, to any person under the legal age
to purchase or consume alcoholic beverages, or allow, permit or suffer
the consumption of any alcoholic beverage by any such person in or
upon the licensed premises.
No licensee shall sell, serve or deliver, or
allow, permit or suffer the sale, service or delivery of any alcoholic
beverage, directly or indirectly, to any person actually or apparently
intoxicated, or permit or suffer the consumption of any alcoholic
beverage by any such person in or upon the licensed premises.
The holder of each license issued by the Municipal
Board of Alcoholic Beverage Control of the City shall display the
license certificate conspicuously in the place where intoxicating
beverages are sold.
A.
All premises in which alcoholic beverages are sold
or dispensed, except licensed clubs and guest rooms and private dining
rooms in hotels, shall be so arranged that a full view of the interior
may be had from a public thoroughfare or from some adjacent room or
hallway to which the public is freely admitted.
B.
No person shall be served in any room which is not
open to the use of the public generally, except that, in hotels, guests
may be served in their rooms or in private dining rooms, provided
that this regulation shall not apply to licensed clubs.
C.
For the purpose of this section, a "licensed club"
is defined as a corporation or association operated for benevolent,
charitable, fraternal, social, religious, recreational, athletic or
similar purposes and not for private gain.
The holder of any plenary retail consumption
license whose bar is located in a room in which food is served shall
at all times during which the sale of alcoholic beverages is prohibited
remove all alcoholic beverages from the bar and place the same in
an enclosed and locked storage area concealed from public view or
lock the same in a storage room, and shall keep all entrances to the
interior of any such bar locked.
No licensee under this chapter shall make, cause
to be made or permit any addition to, alteration of or other change
in the physical structure of the licensed premises without first having
submitted to the Municipal Board of Alcoholic Beverage Control of
the City plans and specifications for such addition, alteration or
change in the physical structure of the licensed premises and having
obtained the approval thereof in writing by such Board.
[Amended 11-10-1980 by Ord. No. 15-1980; 4-22-1985 by Ord. No. 5-1985]
A.
It shall be unlawful for any person under the age
of 21 years to have, possess, carry, distribute, transport or consume
any alcoholic beverage on any public street, highway or place of public
accommodation.[1]
B.
For the purposes of this section, a "place of public
accommodation" shall include any tavern, roadhouse or hotel, whether
for entertainment of transient guests or accommodations of those seeking
health, recreation or rest; any retail shop or store; any restaurant,
eating house or place where food is sold for consumption on the premises;
any place maintained for the sale of ice cream, ice and fruit preparations
or their derivatives, soda water or confections, or where any beverages
of any kind are retailed for consumption on the premises; any garage,
any public conveyance and stations and terminals thereof; any auditorium,
meeting place or public hall; any theater or other public place of
amusement; motion-picture house; music hall, skating rink, swimming
pool, amusement and recreation park; fair, bowling alley, gymnasium
or billiard or pool parlor; any comfort station; any dispensary, clinic
or hospital; any public library; any kindergarten, primary or secondary
school, trade or business school, high school, academy, college and
university or any educational institution under the supervision of
the State Board of Education or the Commissioner of Education of the
state.
It shall be unlawful for any person to purchase,
deliver, transmit or sell any alcoholic beverage, directly or indirectly,
on behalf of or for delivery to any person under the age of 21 years.
B.
Every
licensee shall operate its business in an orderly and lawful fashion
so as not to constitute a nuisance. A licensee's responsibility under
this subsection includes the conduct of the licensee, its employees
and patrons, if such conduct is contrary to the public health, safety
and welfare.
