[Adopted 2-27-1935 by Ord. No. 872 (Ch. 82, Art. I, of the 1979 Code)]
The Mayor and City Council of the City of Garfield, being the governing body of said municipality, shall constitute the authority for the administration of issuance of licenses under this article.
[Amended 2-19-1985 by Ord. No. 1858; 12-6-1994 by Ord. No. 2168; 12-16-1997 by Ord. No. 2232; 3-9-2010 by Ord. No. 2573; 10-26-2021 by Ord. No. 2903; 11-22-2022 by Ord. No. 2966; 12-19-2023 by Ord. No. 3018]
The annual fee for a plenary retail consumption license shall be in the sum of $1,555.
A. 
The annual fee for a plenary retail distribution license shall be in the sum of $1,555.
[Amended 2-19-1985 by Ord. No. 1858; 12-6-1994 by Ord. No. 2168; 12-16-1997 by Ord. No. 2232; 2-27-2001 by Ord. No. 2301; 3-9-2010 by Ord. No. 2573; 10-26-2021 by Ord. No. 2903; 11-22-2022 by Ord. No. 2966; 12-19-2023 by Ord. No. 3018]
B. 
No such license shall be issued in or upon any premises in which any other mercantile business is carried on.
During all closing hours, all shades, screens and other obstructions shall be removed from the windows and doors of the licensed premises.
[Added 5-5-1943 by Ord. No. 980; amended 10-3-1978 by Ord. No. 1667]
A. 
From and after the passage of this amendment, no retail liquor license of any class shall be granted for or transferred to any premises, the property line of which is within the area of a circle having a radius of 1,000 feet to the property line of any other licensee. The restriction set forth herein shall not apply to premises located within a designated redevelopment zone within the City of Garfield.
[Amended 7-21-2009 by Ord. No. 2557]
B. 
Notwithstanding the distance limitation hereinabove contained, the City may, in its discretion, allow the transfer of any such licensed premises which shall be taken by the power of eminent domain by any municipal, county, state or federal project. Any existing license may, within the discretion of the Mayor and City Council, be transferred to any place within a radius of 500 feet of its present location if it has not been previously transferred from the place for which it was originally issued, notwithstanding that said new location within 500 feet may be within 1,000 feet in radius of any existing premises; provided, however, that the new location in any event shall be in a radius of at least 1,000 feet from the property line of any distribution license.
[Amended 10-17-1978 by Ord. No. 1671]
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, regarding licenses with wholesale privileges, was repealed 10-11-2016 by Ord. No. 2753.
D. 
The City Council may, upon the recommendation of the City Manager, permit the transfer of a license to a location which is within 1,000 feet of another licensed premises if, upon a review of the proposed use and location, the governing body believes that it would be in the best interest of the City of Garfield to allow such location. Upon consideration of a request for transfer to a location within 1,000 feet of another location, the Mayor and Council shall adopt a resolution setting forth the reasons for allowing a transfer to such a location. This waiver may only be granted to locations on River Drive and locations on Midland Avenue between Passaic Street and Outwater Lane and locations on Passaic Street from River Drive to the East Corner of Passaic Street and Marsellus Place.
[Added 3-9-2010 by Ord. No. 2574; amended 5-17-2016 by Ord. No. 2743; 6-15-2021 by Ord. No. 2879]
[Added 5-5-1943 by Ord. No. 980; amended 2-6-1946 by Ord. No. 993]
Not more than eight plenary retail distribution licenses shall be issued and outstanding in the City of Garfield at the same time.
[Added 3-23-1938 by Ord. No. 888; amended 2-19-1985 by Ord. No. 1858; 12-6-1994 by Ord. No. 2168; 3-9-2010 by Ord. No. 2573]
The annual fee for a club license shall be in the sum of $150.
[Added 3-23-1938 by Ord. No. 888; amended 10-6-1953 by Ord. No. 1150, 7-14-1959 by Ord. No. 1245, 6-18-1963 by Ord. No. 1310]
The number of group licenses shall be limited to five.
No more than one retail license shall be granted to any person, corporation, partnership, limited partnership or association, and said license shall cover only the licensed premises.
No hostess, waitress, waiter, entertainer or other employee of any licensee shall be served with any food or beverage, alcoholic or otherwise, at the table with or at the expense of any customer or patron.
No hostess, waitress, waiter, entertainer or other employee of any licensee shall sit at any table or stand at any bar with any customer or patron.
No licensee shall harbor criminals or lawless or immoral individuals, or permit the licensed premises to be used in the procuring or furnishing of women for immoral purposes or for the commission of crime or immoral acts or for the defrauding or permitting the defrauding of anyone in the licensed premises by misrepresentation or threats.
No licensee shall employ as waiter, entertainer or in any other capacity whatsoever, or permit to be in the licensed premises, any person commonly known as a "female impersonator."
No gambling devices shall be maintained, possessed or allowed to be in, upon or about any licensed premises, whether or not such gambling device be in operation or capable of being operated.
No gambling shall be permitted upon any licensed premises.
No person shall be served in any back room or side room which is not open to the use of the public generally.
[Amended 1-11-1939 by Ord. No. 913; 7-16-1941 by Ord. No. 963; 12-1-1958 by Ord. No. 1239; 5-23-2006 by Ord. No. 2459; 5-8-2007 by Ord. No.2492]
A. 
No licensee shall sell, serve, or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages or allow consumption of any alcoholic beverages on the licensed premises on Monday through Saturday between the hours of 2:00 a.m. and 8:00 a.m. or on Sundays between the hours of 2:00 a.m. and 12:00 noon.
B. 
During the hours sales are hereinabove prohibited, the entire licensed premises shall also be closed and no person shall be permitted to enter or remain therein except the licensee and bona fide employees of the licensee. The premises shall be closed to the public and all members of the public shall be required to remove themselves from the premises during the above hours.
C. 
No plastic cups, bottles or other containers shall be removed from the licensed premises regardless of whether those containers are utilized for the service of alcoholic beverages or nonalcoholic beverages.
D. 
The licensee shall be required to maintain the exterior of the licensed premises, including the sidewalks surrounding the licensed premises, in a neat and orderly manner and shall be required to pick up and dispose of any litter which may be disposed of on or around the licensed premises. The licensee shall be required to perform such routine cleanup and maintenance responsibilities each day prior to the hour of opening of the premises.
E. 
In the event that the licensee schedules a “special event,” which shall be defined as any event which requires additional security and/or additional parking, the licensee shall be required to notify the Garfield Police Department of such special event at least seven days prior to the date of the event. The licensee shall provide the Garfield Police Department with the following information:
(1) 
Date and time of event;
(2) 
Nature of event;
(3) 
Persons or entity which has contracted for the event;
(4) 
Description of additional security measures and/or parking requirements for the event.
F. 
In the event that a special event is scheduled as described above, the Chief of Police, or his designee, shall have the authority to require such other security measures he or she may deem necessary in order to protect the interests of the City of Garfield and its residents and taxpayers. The licensee shall comply in all respects with the directions of the Chief of Police or his designee.
[Added 10-16-1990 by Ord. No. 2044]
The City Council may from time to time authorize, by resolution, the City Manager to acquire by contract or land condemnation, as the case may be, a plenary retail consumption liquor license, all pursuant to N.J.S.A. 40:48-2.39 and/or N.J.S.A. 40:48-2.40.
A. 
Authorized sum. The resolution of the City Council may but need not specify the amount to be paid for a plenary retail consumption license. The amount paid or authorized to be paid shall not exceed the sum authorized by statute.
B. 
Minimum number of licenses. No acquisition shall result in a reduction of the number of plenary retail consumption licenses to fewer than statutory formula as follows: one for each 3,000 of the City's population.
C. 
Reissue of acquired license prohibited. No such acquisition shall thereafter be reissued to any applicant, and the license so acquired shall thereafter be permanently retired.
D. 
Indebtedness for acquisition. The City Council may, by resolution or ordinance, as the case may be, authorize indebtedness to acquire a plenary retail consumption license.
[Added 6-12-2007 by Ord. No. 2494]
"Teen nights," teenage dances or other events which are intended to attract customers and patrons under the legal drinking age are specifically prohibited at all liquor licensed establishments.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any of the provisions of N.J.S.A. 33:1-1 et seq., its supplements and amendments, or of any of the regulations and rules issued or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable thereto.
[Added 5-16-1972 by Ord. No. 1492]
It shall not be unlawful for the holder of any liquor license in the City of Garfield to sell or offer for sale at retail or deliver to any consumer any alcoholic beverage on the day of any municipal, county, state or national election, including general, primary or special elections, during the hours lawfully permitted for same.
[Added 5-16-1972 by Ord. No. 1492]
It shall not be unlawful for the holder of any plenary retail consumption liquor license to sell at retail or offer for sale at retail for on-premises consumption any alcoholic beverage until 3:00 a.m., Eastern standard time, on the last Sunday in April when Eastern daylight saving time would otherwise take effect.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No. 2457]
Any person, firm or corporation violating this article, upon conviction, shall be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.