[Amended 4-26-2017 by Ord. No. 5-2017]
By authority of the Revised Statutes of the State of New Jersey, the provisions of this article are enacted to give effect within the City of Linwood to the alcoholic beverage laws as set forth in Title 33 of said Revised Statutes, hereinafter referred to as the “Act,” the rules and regulations promulgated or to be promulgated by authority thereof and pursuant to the referendum approved by a majority of the citizens of the City of Linwood on November 5, 2002, which authorized the creation of plenary retail consumption licenses which expressly prohibit the sale of package goods and pursuant to the subsequent referendum approved by a majority of the citizens of the City of Linwood on November 8, 2016, which authorized the sale of alcoholic beverages at retail (package goods), for off-premises consumption, from the principal bar room of such establishment, in the City of Linwood in the County of Atlantic, State of New Jersey.
All applications for license under this chapter and any license issued hereunder and proceedings in connection therewith shall be subject to New Jersey Statutes and the rules promulgated by Alcoholic Beverage Control of New Jersey, and shall be subject to any other laws hereafter enacted affecting said subject matters.
The Mayor and City Council of the City of Linwood, being the governing body, shall constitute the authority for the administration of issuance of the license under this chapter and shall forthwith report the issuance of such license to said State Commissioner of Alcoholic Beverage Control.
The City of Linwood Police Department is hereby designated as the alcoholic beverage control investigation and enforcement unit. The City of Linwood Police Department is hereby empowered to investigate, inspect, search or examine any licensed premises as may be necessary under the Alcoholic Beverage Control Law or rules and regulations promulgated thereunder.
Editor’s Note: See N.J.S.A. 33:1-1 et seq.
Pursuant to N.J.S.A. 33:1-19.1 and the Act, the City may, by resolution, determine to permit the issuance of up to two (2) plenary retail consumption licenses to the highest qualified bidders at public auction. The auction sale shall take place pursuant to notice and procedures adopted by the City and otherwise in compliance with the provisions of Title 33 of New Jersey Statutes.
Any and all written objections and petitions filed protesting the issuance of any alcoholic beverage license or the granting of a license transfer shall be dated and signed.
There shall be only two plenary retail consumption licenses within the City of Linwood. No other licenses are authorized without the amendment of this chapter and the consent of the Alcoholic Beverage Control of New Jersey.
No more than one retail license shall be granted to any one person, and such license shall cover only the licensed premises.
[Amended 4-26-2017 by Ord. No. 5-2017]
The holder of the plenary retail consumption license may sell package goods at retail, for consumption off of the licensed premises, from the principal bar room of such establishment only.
[Amended 8-26-2015 by Ord. No. 9-2015]
The annual fee for a plenary retail consumption license shall be $2,500.
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 person may bid for a license offered for sale by the City pursuant to the provisions of this chapter unless and until such bidder shall certify to the City, no less than seven days prior to any public sale, that the proposed licensee has a legal interest in real property which as of the date of the auction meets all the requirements set forth in §83-14 hereof. For purposes of this chapter, a “legal interest” shall mean fee-simple ownership interest in or leasehold interest in the proposed licensed premises where such lease shall run for a term no less than the term of the license, and such proposed licensed premises shall be designed to operate the proposed licensed premises in compliance with the provisions of §83-14 hereof.
The license provided hereunder shall be for a term of one year from the first day of July in each year, and all fees shall be paid in advance upon presentation of the application. Fees for a partial year shall be prorated accordingly. Provided an issued license has not been suspended or revoked, and there have been no other violations or infractions of this chapter or the Act, the licensee shall have the right to apply for a renewal of the license in accordance with the Act.
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any of the provisions of said Act or said statutes heretofore mentioned or of any of the regulations and rules prescribed by said State Commissioner of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of said Act, by service of a five-day notice of charges proffered against the licensee, as provided in said Act, and by the affording of a reasonable opportunity for a hearing, and such suspension or revocation shall carry the penalties and prohibitions provided for in said Act.
[Amended 5-24-2006 by Ord. No. 16-2006; 6-12-2018 by Ord. No. 10-2018]
No plenary retail consumption licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverage on licensed premises on any day between the hours of 1:00 a.m. and 11:00 a.m. Sunday through Thursday and between the hours of 2:00 a.m. and 11:00 a.m. on Fridays and Saturdays with the following exception: on New Year’s Eve of each year, at which time alcoholic beverages may be served until 2:00 a.m. New Year’s Day. However, the sale of alcoholic beverages for on-site consumption only shall be permitted to begin at 8:00 a.m. on all days of the week.