[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted by Ord. No. 345 (§§ 6-1 to 6-4 and
6-6 of the 1987 Code); as amended by Ord. No. 427; Ord. No. 443; Ord. No. 480; Ord. No. 641; Ord. No. 796; Ord. No. 810; Ord. No. 818; Ord. No. 901]
[Added 2-7-1989 by Ord. No. 1178][1]
This article is enacted to regulate the sale
of alcoholic beverages in the Borough of Highland Park in accordance
with the provisions of an act of the Legislature of the State of New
Jersey entitled An Act Concerning Alcoholic Beverages, comprising
Chapter 436 of the Laws of 1933, its supplements and amendments, and
also comprising N.J.R.S. 33:1-1 et seq., and in accordance with the
rules and regulations of the State Director of Alcoholic Beverage
Control.
[Added 2-7-1989 by Ord. No. 1178]
For the purpose of this article, words and phrases
herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq.
and the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 102-1, and all other applicable laws of the State of New Jersey or the United States.
[Added 2-7-1989 by Ord. No. 1178]
No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in § 102-1 and the provisions of this article.
[Added 2-7-1989 by Ord. No. 1178]
All licenses required by this article shall
be issued by the Borough Council which shall also administer the provisions
of this article.
[Amended by Ord. No. 938; Ord. No. 1131; Ord. No. 1230]
A.
The annual fees and number of licenses for the sale
or distribution of the alcoholic beverages in the Borough shall be
as follows:
|
Class of License
|
Annual License
|
Number of Licenses
| |
|---|---|---|---|
|
Plenary retail consumption license
|
$1,452
|
6
| |
|
Plenary retail distribution license
|
$416
|
3
| |
|
Club license
|
$72
| ||
|
Limited retail distribution license
|
$50
|
2
| |
|
No seasonal retail consumption license shall
be issued.
| |||
|
No retail transit license shall be issued.
| |||
B.
The provisions of this section with respect to the
limitation on the number of licenses shall not apply to the renewal
or transfer of licenses presently issued.[1]
[1]
Editor's Note: Original § 6-3.5,
Distance Between Licensed Premises, which immediately followed this
section, was repealed by Ord. No. 1229.
[Amended by Ord. No. 1149; Ord. No. 1208; Ord. No. 1302]
A.
Alcoholic beverages may be sold under a plenary retail
consumption license only between the hours of 7:00 a.m. and 1:30 a.m.
except upon the first day of the week, commonly called Sunday, when
alcoholic beverages may be sold only between the hours of 12:00 noon
and 1:30 a.m., except that alcoholic beverages in original containers
may be sold for off-premises consumption between the hours of 9:00
a.m. and 12:00 noon on Sunday and excepting further that alcoholic
beverages may be sold and served on the morning of January 1, in addition
to the foregoing hours, between the hours of 1:30 a.m. and 4:00 a.m.
B.
No licensee permitted to sell at retail for off-premises
consumption shall sell or deliver or allow, permit or suffer the sale
or delivery of any alcoholic beverage at retail in original containers
for consumption off the licensed premises before 9:00 a.m. or after
10:00 p.m. on any day of the week, except that wine and malt alcoholic
beverages in original bottle or can containers may be sold for off-premises
consumption on the same days and during the same hours as sale of
alcoholic beverages for consumption on premises is permitted in the
Borough of Highland Park, and excepting further that alcoholic beverages
may be sold on the evening of December 31, in addition to the foregoing
hours, between the hours of 10:00 p.m. and 12:00 midnight.
[Added 2-7-1989 by Ord. No. 1178]
A.
Any license
issued under this article may be suspended or revoked for violation
of any of the provisions of this article or any provision of any applicable
statute or any of the rules or regulations of the State Director of
Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be
in accordance with the provisions of N.J.S.A. 33:1-31 by a service
of a five-day notice of charges preferred against the licensee and
affording a reasonable opportunity for a hearing.
C.
Suspension or revocation of a license shall be in
addition to any other penalty which may be imposed for a violation
of this article.
[Added 2-7-1989 by Ord. No. 1178]
The entire licensed premises shall be closed
and no person shall be admitted or permitted to remain therein except
the licensee or bona fide employees of the licensee on any day, between
the hours of 3:00 a.m. and 7:00 a.m. This provision shall not apply
to hotels and restaurants as defined in N.J.S.A. 33:1-1 et seq. or
clubs.
