[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-5-1939 by Ord. No. 110]
This article is for the purpose of regulating the sale of alcoholic beverages in the Borough of Middlesex, in accordance with the provisions of the Act of the legislature entitled "An Act Concerning Alcoholic Beverages," Chapter 436 of the Laws of 1933, its supplements and amendments,[1] and in accordance with the rules and regulations applicable
thereto, issued or to be promulgated by the State Commissioner of
Alcoholic Beverage Control.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
Applications for licenses under this article
and all licenses issued thereunder and proceedings in connection therewith
shall be subject to the provisions of said Act and the amendments
thereof or supplements thereto now in force or that may hereafter
be enacted and the rules and regulations of said State Commissioner
of Alcoholic Beverage Control of New Jersey applicable thereto affecting
such rules, subject matter and regulations promulgated by the Borough
of Middlesex.
All applicants for licenses shall be referred
by the Council to the License Committee, which shall investigate the
character and fitness of the applicant and the place proposed for
such license, and which Committee shall report its findings and recommendations
to the Council, at a subsequent meeting.
All licenses shall be granted by the Council,
which shall constitute the authority for the administration of issuance
of licenses under this article. Such licenses shall be signed by the
Mayor, attested by the Borough Clerk and issued under the common seal
of the Borough of Middlesex, and shall continue in force for the term
set forth therein unless suspended or revoked by the issuing authority
or the Commissioner, or surrendered. Upon the granting of the licenses,
the Borough Clerk shall forthwith report the issuance of all licenses
to the State Commissioner of Alcoholic Beverage Control.
A.
Before any applicant shall receive a license under
this article, such applicant shall become bound by a recognizance
in writing, to the Borough of Middlesex, in the sum of $200 as principal,
with two sufficient sureties in the sum of $100 each, conditioned
as follows:
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The condition of this recognizance is such that
whereas the above bounden ........................ has been licensed
to sell alcoholic beverages at ............................ in the
Borough of Middlesex, at retail (for consumption on the premises,
or in the original containers for nonconsumption on the premises),
if therefore the said ..........................................................
............................................................... during
the continuance of said license shall not keep a disorderly house
nor game himself nor suffer any person to game in said house for money
or the value of money, nor violate any of the provisions of this article
or the ordinances of said Borough of Middlesex made concerning the
business hereunto, the said .....................................................is
licensed as aforesaid, but shall in all things, during the continuance
of said license, keep and maintain good order and rule in his said
place of business and in all things comply with and observe the provisions
of this article or the ordinances of said Borough of Middlesex now
made or to be made concerning such business, then this recognizance
shall be void, otherwise it shall remain in full force and virtue.
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B.
Such recognizance must be approved by the Corporation
Counsel as to form and sufficiency and filed with the Borough Clerk.
It shall be unlawful to sell, distribute or
transport any alcoholic beverages in the Borough of Middlesex in violation
of said Act.
[Amended 4-27-1960 by Ord. No. 314; 3-25-1975 by Ord. No. 666; 10-12-1982 by Ord. No.
950; 8-23-1988 by Ord. No. 1127; 4-26-1994 by Ord. No. 1309; 8-28-2007 by Ord. No. 1721; 7-13-2010 by Ord. No.
1769[1]; 3-28-2023 by Ord. No. 2080]
The fee for a plenary retail consumption license
shall be the sum of $1,606; and the holder of such license shall be
entitled, subject to the rules and regulations, to sell for consumption
on the licensed premises any alcoholic beverages by the glass or other
open receptacle and also to sell all alcoholic beverages in original
containers off the licensed premises. Such license shall not permit
the sale of alcoholic beverages in or upon any premises in which a
grocery, delicatessen, drugstore or other mercantile business is carried
on, except the keeping of a hotel or restaurant or the sale of cigars
and cigarettes at retail as an accommodation to patrons or the retail
sale of nonalcoholic beverages as accessory beverages to alcoholic
beverages.
[1]
Editor's Note: This ordinance provided that it shall take
effect 1-1-2011.
[Amended 3-8-1966 by Ord. No. 428; 8-15-1967 by Ord. No. 478; 3-25-1975 by Ord. No. 666; 10-12-1982 by Ord. No. 950; 8-23-1988 by Ord. No. 1127; 4-26-1994 by Ord. No. 1309; 8-28-2007 by Ord. No. 1721; 7-13-2010 by Ord. No. 1769[1]; 3-28-2023 by Ord. No. 2080]
The annual fee for a plenary retail distribution
license shall be $1,606, and not more than one such license shall
be issued to any person or combination of persons, whether trading
individually or as a partnership or corporation.
[1]
Editor's Note: This ordinance provided that it shall take
effect 1-1-2011.
[Amended 9-28-1960 by Ord. No. 325]
A.
The fee for a club license shall be the sum of $86;
and the holder of such license shall be entitled, subject to rules
and regulations, to sell only to bona fide club members and their
bona fide guests alcoholic beverages intended for immediate consumption
on the licensed premises.
[1]
Editor's Note: This ordinance provided that it shall take
effect 1-1-2011.
B.
Club licenses may 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 shall comply with all conditions
imposed by the Director of the Division of Alcoholic Beverage Control
by rules and regulations.
C.
Each application for a club license shall set forth
the names and addresses of all officers, trustees, directors or other
governing officials, together with the names and addresses of all
the members of the applying club, corporation or association. The
charter or articles of association of the club shall also be presented
for inspection or certified copy of the see submitted with the application.
[Amended 6-4-1941 by Ord. No. 125]
No license shall be issued to any person, firm,
corporation, group or partnership not fully qualified under the provisions
of said Act and said rules and regulations. No retail licenses shall
be issued to any individual unless he shall have been a resident of
the Borough of Middlesex for at least three years, continuously, immediately
prior to the submission of the application. In the case of applications
by partnerships, each partner must qualify as an individual applicant.
[Amended 6-8-1971 by Ord. No. 573]
No more than eight plenary retail consumption
licenses, exclusive of hotels, nor more than the number of licenses
commonly referred to as plenary retail distribution licenses authorized
to be issued by state statute shall be granted and in force at one
time; provided, however, that the limitation upon the number of plenary
retail consumption licenses shall not prevent the issuance of renewals
of plenary retail consumption licenses to persons holding such licenses
at the time this regulation is adopted, and provided further that
this limitation shall not prevent the transfer of licenses or the
renewal thereof according to law. No new plenary retail consumption
licenses shall be issued to anyone not holding such license at the
time this regulation is adopted until the number outstanding shall
be reduced by surrender, revocation or nonrenewal to less than eight.
[Amended 12-1-1943 by Ord. No. 137; 12-28-1971 by Ord. No. 586; 4-25-2023 by Ord. No. 2088]
No licensee nor any employee of a licensee shall
sell, serve, deliver or allow, permit or suffer the sale, service
or delivery of any alcoholic beverage or allow the consumption of
any alcoholic beverage on licensed premises on weekdays between the
hours of 2:00 a.m. and 7:00 a.m. or on Sundays between the hours of
2:00 a.m. and 9:30 a.m., except as hereinafter provided. No plenary
retail consumption licensee or any employee of such licensee shall
sell, serve, deliver or allow, permit or suffer the sale, service
or delivery of any alcoholic beverage, or allow the consumption of
any alcoholic beverage on licensed premises on Christmas Day when
it is a weekday between the hours of 3:00 a.m. and 7:00 a.m.; on Christmas
Day when it is a Sunday between the hours of 3:00 a.m. and 9:30 a.m.;
on New Year’s day when it is a weekday between the hours of
5:00 a.m. and 7:00 a.m.; on New Year’s day when it is a Sunday
between the hours of 5:00 a.m. and 9:30 a.m. During the hours sales
of alcoholic beverages are hereinabove prohibited, the entire licensed
premises shall also be closed; provided, however, that restaurants,
as defined in N.J.S.A. 33:1-1t, and hotels may remain open for the
conduct of business other than the sale of alcoholic beverages. The
hours aforesaid shall be the prevailing official time of the Borough
of Middlesex.
All licensees shall expose conspicuously in
the place of business the license issued by the Borough of Middlesex,
as well as the Federal Stamp Tax; no licensee or any of his agents,
servants or employees shall sell, serve or deliver to any minor, mental
defective or habitual drunkard any alcoholic beverages; nor keep a
disorderly house, nor suffer any person to game in said place for
money or the value of money; nor serve, sell or give intoxicating
liquor to any policeman or fireman while in uniform; and shall maintain
good order and rule in the place of business and abide by and observe
all the provisions of this article and the rules and regulations now
or that may hereafter be enacted.
No minors shall be allowed in any room in which
any bar is located unless accompanied by his or her parent.
No person shall be served in any back room or
side 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 or
public dining rooms.
Any person who shall knowingly violate any of
the provisions of this article shall, upon conviction, be subject
to a fine not exceeding the sum of $200 or imprisonment for a term
not exceeding 90 days, or to both such fine and imprisonment, in the
discretion of the court.
[Adopted 3-23-1976 by Ord. No. 709; amended in its entirety 2-12-2008 by Ord. No. 1730]
No person shall, within the limits of the Borough
of Middlesex, consume any alcoholic beverage, or have in his or her
possession any unsealed alcoholic beverage container with alcoholic
beverage therein, or discard any alcoholic beverage container:
A.
In or on a park, playground, public parking place,
recreation area or any other public or quasipublic place or upon any
land owned or occupied by any federal, state, county or municipal
government.
B.
While upon any private property not his or her own
without permission of the owner or other person having authority to
grant such permission.
C.
While in or about any other public or quasipublic
place or place to which the public is invited, including, but not
limited to, any business, bank, church, institutional, commercial
or professional premises, except when such consumption or possession
is with the express permission of the owner or other body, board or
person having the authority to grant such permission.
For the purposes of this article, a container
shall be regarded as unsealed when its top or cork has been removed;
or any of its contents have been removed; or the government tax stamp
has been removed or broken; or, in the case of a metal container,
when the container has been opened in any fashion; or, in the case
of twist-top containers, when the original seal has been broken.
Any person who violates any provision of this
article shall, upon conviction, be punished by a fine of not more
than $200 or by imprisonment for not more than 30 days, or both.
