[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This chapter is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Borough of Kenilworth, County of Union and State of New Jersey, in accordance with the provisions of an act of the Legislature now embodied and known as "Chapter 1 of Title 33 of the Revised Statutes of 1937," and in accordance with the rules and regulations promulgated or to be promulgated by the Director of the Division of Alcoholic Beverage Control applicable hereto and in accordance with the rules and regulations existing herein or hereafter adopted by competent municipal authority not inconsistent with said Act or said rules and regulations of said State Director.
It shall be unlawful to sell or distribute alcoholic beverages
otherwise than as provided in this article and/or said Act.
The Mayor and Council of the Borough of Kenilworth, County of
Union, being the governing body of said municipality, shall constitute
the authority for the distribution or issuance of licenses hereunder.
B.
All license fees shall be paid in cash or by certified check to the
order of the Borough of Kenilworth, New Jersey, and all such receipts
shall be turned over by the Borough Clerk when and as received to
the Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
The Borough Clerk is hereby designated as the proper person to sign
all licenses on behalf of the Borough Council.
A.
No licensee shall sell, serve or 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 New
Year's Day when it is a Sunday between the hours of 5:00 a.m.
and 12:00 noon; on New Year's Day when it is a weekday between
the hours of 5:00 a.m. and 7:00 a.m.; and on other weekdays between
the hours of 2:00 a.m. and 7:00 a.m. and on any other Sunday between
2:00 a.m. and 12:00 noon.
B.
During the hours when sales of alcoholic beverages are prohibited,
the entire licensed premises shall also be closed, but this closing-of-premises
requirement shall not apply to clubs [as set forth in N.J.S.A. 33:1-12(5)
and State Regulation No. 7], restaurants and hotels, motels and motor
inns. The hours aforesaid shall be considered to indicate prevailing
time within the Borough of Kenilworth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
No patron shall remain on the licensed premises during the hours when the sale or consumption of alcoholic beverages is prohibited as defined by Subsection A of this section. Any patron violating this section of the chapter shall be subject to arrest and/or, upon conviction thereof, subject to a fine or imprisonment, or both, as provided for in § 57-20 of this chapter.
Every license shall be exposed to public view in a conspicuous
place in the place licensed, and any failure to do so shall be presumptive
evidence that the place where alcoholic beverages are being sold is
unlicensed.
A.
No more than 11 plenary retail consumption licenses and no more than
two plenary retail distribution licenses shall be in effect in this
municipality at any time.
B.
Nothing in this article shall prevent the issuance in the Borough
of Kenilworth of a new plenary retail consumption license to a person
or corporation who or which operates a hotel, motel or motor inn containing
at least 50 sleeping rooms.
Renewals or transfers of licenses shall not be granted as a
matter of course or right. Prior improper conduct on the part of any
licensee or the prior violation of the provisions of this article
shall be justifiable cause for refusal to grant the renewal or transfer
of any license to any person or place of ill repute or questionable
character.
A.
Each application for a license renewal and for a transfer of an existing
license shall furnish any and all requested information on a form
prepared by the Kenilworth Police Department and approved by the Mayor
and Council of the Borough of Kenilworth.
B.
The Kenilworth Police Department shall promptly investigate and verify
all information on said form and shall furnish the results of its
investigation and any recommendations to the Mayor and Council of
the Borough of Kenilworth.
Every employee of the licensee shall be photographed and fingerprinted
by the Kenilworth Police Department and shall receive an identification
card, and every employee shall wear, in a prominent and readily visible
place, said photograph identification card at all times while engaged
with or in the business of the licensee. No application for renewal
or transfer shall be acted upon until this provision is complied with.
All new employees of the licensee shall comply with this provision
prior to commencing to work at the licensee's premises. Each
employee shall be rephotographed every five years.
All parking areas owned or maintained by any licensee adjacent
to the licensed premises shall, during business hours, be sufficiently
illuminated so that persons occupying parked motor vehicles on said
premises may be readily visible. Every licensee shall maintain good
order in said parking areas and shall permit no disorderly conduct
of any kind.
No licensee shall allow, permit or suffer in or upon the licensed
premises any known criminals, gamblers, prostitutes, female impersonators
or other persons of ill repute, nor shall any licensee allow, permit
or suffer the licensed premises or the licensed business to be used
in the furtherance or aid of or in connection with any illegal activity
or enterprise.
No licensee shall allow, permit or suffer in or upon the licensed
premises any disturbances, lewdness, immoral activities, brawls or
unnecessary noises, or allow, permit or suffer the licensed place
of business to be conducted in such a manner as to become a nuisance.
No licensee shall engage in or allow, permit or suffer any pool
selling, bookmaking or any playing for money, any card game, game
of chance or wagering on sporting events, pinball machine, pool, darts
or any electronic or mechanical device used on the licensed premises.
All jukeboxes, radios, televisions, coin-operated mechanical
or electric devices, bands and orchestras shall not be permitted by
the licensee to play or be played too loudly so as to constitute a
nuisance.
The Borough of Kenilworth Police Department's right to
inspect licensed premises and to enter the same at all times without
a search warrant as provided for by the laws of the State of New Jersey
is hereby specifically reserved.
No licensee shall sell, serve or deliver or allow, permit or
suffer the sale, service or delivery of any alcoholic beverage in
any premises not open to full view from the public thoroughfare or
from adjacent rooms to which the public is freely admitted, other
than in premises for which club licenses have been issued and in guest
rooms and private dining rooms of hotels or restaurants. All such
premises shall be lighted sufficiently so that a full view of the
interior may be had at all hours from the public thoroughfare or from
adjacent rooms to which the public is freely admitted. Said area of
viewing shall not be less than 12 inches by 12 inches.
No licensed premises shall be located within 200 feet of any
church, public school or private school conducted not for profit pursuant
to the terms, definitions and restrictions as set forth in N.J.S.A.
33:1-76. The distance separating the church or school shall be measured
in the normal way a pedestrian would lawfully walk from the nearest
entrance to the nearest entrance of the proposed licensed premises.
No licensed premises shall be located within 200 feet of another
licensed premises. The distance separating the licensed premises is
measured in the normal way a pedestrian would lawfully walk from the
nearest entrance of one licensed premises to the nearest entrance
of the premises sought to be licensed. This section shall not apply
to any presently licensed premises, their renewals or transfers to
a new ownership, but it shall apply to all newly proposed licensed
premises.
An inactive license shall be defined as a license not in substantial
full-time operation in connection with a licensed premises for the
two immediately preceding licensed terms. No inactive license shall
be renewed except pursuant to the terms and conditions of N.J.S.A.
33:1-12.39.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
