City of Vineland, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Vineland 3-25-1997 by Ord. No. 97-15 (Ch. 154 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 511.
Article I Licensed Premises

§ 216-1 Annual license fees.

§ 216-2 Definitions.

§ 216-3 Number of licenses permitted.

§ 216-4 Distance restriction.

§ 216-5 Merchandising restriction; certain licenses not granted.

§ 216-6 Closed hours.

§ 216-7 Serving of beverages.

§ 216-8 Light and view requirements.

§ 216-9 Condition of premises.

§ 216-10 Persons under the age of 21 on premises; exception.

§ 216-11 Consumption by persons under the age of 21 or persons under the influence of alcoholic beverages or drugs on premises.

§ 216-12 Prohibited patrons; narcotics or other unlawful drugs; illegal activity or enterprise.

§ 216-13 Prohibited activities.

§ 216-14 Lotteries.

§ 216-15 Gambling.

§ 216-16 Immoral materials.

§ 216-17 Intoxication of licensees or workers.

§ 216-18 Entrance by persons under the age of 21.

§ 216-19 Consumption or purchase by persons under the age of 21.

§ 216-20 Misrepresentation of age by persons under the age of 21.

§ 216-21 Hotel and motel exceptions.

§ 216-22 Additional licensing requirements for hotels and motels.

§ 216-23 Bona fide clubs.

§ 216-24 Previous period of possession and use of club quarters.

§ 216-25 Exceptions to eligibility requirements.

§ 216-26 Sales restricted of members.

§ 216-27 Sale for on-premises consumption only.

§ 216-28 Hours of permissible sale and consumption.

§ 216-29 Licensee training and certification requirements.

§ 216-30 Closing requirement during public emergencies or crime investigations.

Article II Consumption in Public

§ 216-31 Definitions.

§ 216-32 Consumption in public prohibited.

§ 216-33 Open containers.

§ 216-34 Consumption on private property.

§ 216-35 Exceptions.

§ 216-36 Labeling on containers.

§ 216-37 Violations and penalties.

§ 216-1 Annual license fees.

[Amended 3-27-2001 by Ord. No. 2001-18; 9-14-2004 by Ord. No. 2004-47; 10-27-2009 by Ord. No. 2009-68; 5-24-2016 by Ord. No. 2016-15]
Annual license fees shall be as follows (increase of 3% annually, rounded to the nearest whole dollar, until the maximum amount permitted by New Jersey Division of Alcoholic Beverage Control regulations is reached):
A. 
Plenary retail consumption.
(1) 
For year 2016: $1,157.
(2) 
For year 2017: $1,192.
(3) 
For year 2018: $1,228.
(4) 
For year 2019: $1,265.
(5) 
For year 2020: $1,303.
B. 
Plenary retail distribution.
(1) 
For year 2016: $561.
(2) 
For year 2017: $578.
(3) 
For year 2018: $595.
(4) 
For year 2019: $613.
(5) 
For year 2020: $631.
C. 
Club (maximum amount permitted by Alcoholic Beverage Control regulations): $188.

§ 216-2 Definitions.

[Amended 3-23-2010 by Ord. No.2010-14]
The meanings of words and terms defined by N.J.S.A. 33:1-1 et seq., and N.J.A.C. 13:2-1.1 et seq., shall apply. Said meanings and other definitions relating to specific use will be found in the appropriate sections of this chapter.
CLERK
The Municipal Clerk of the City of Vineland.
GOVERNING BOARD OR BODY
The City Council of the City of Vineland.
RETAIL AREA
Retail area shall consist of that portion of the facility normally accessible to the public and shall exclude all areas limited to employee uses.

§ 216-3 Number of licenses permitted.

[Amended 4-22-1997 by Ord. No. 97-26]
A. 
No new plenary retail consumption license shall be issued in the City of Vineland unless and until the number of licenses outstanding is less than that which is permitted by N.J.S.A. 33:1-12.14, or amendments thereto; provided, however, that this limitation shall not prevent renewals or person-to-person or place-to-place transfers of licenses issued and outstanding on the effective date of this article. Notwithstanding the foregoing, nothing in this article shall be deemed to prevent the issuance of a new license to a person who files application therefor within 60 days following the expiration of the license renewal period if the State Commissioner shall have determined, in writing, that the applicant's failure to apply for a renewal of his license was due to circumstances beyond his control.
B. 
Not more than six plenary retail distribution licenses shall be issued and outstanding at the same time in the City of Vineland.
[Amended 12-11-2012 by Ord. No. 2012-58]
C. 
No new club licenses shall be issued in the City of Vineland unless and until the number of such licenses outstanding is fewer than 14; provided, however, that this limitation shall not prevent renewals or person-to-person or place-to-place transfers of club licenses issued and outstanding on the effective date of this article.

§ 216-4 Distance restriction.

[Amended 2-8-2005 by Ord. No. 2005-5; 3-23-2010 by Ord. No. 2010-14]
A. 
For those properties located in the B-3 Zoning District of the City of Vineland having a minimum of 15 acres of contiguous lot area upon which is located a regional shopping center having a minimum of 60,000 square feet of commercial retail floor area, the total number of plenary retail consumption licenses shall not exceed one license for each 60,000 square feet of commercial retail floor area, up to a maximum of four licenses. This restriction shall not apply to any freestanding premises for which there is a plenary retail consumption license located on the property upon which there is a regional shopping center.
B. 
Anything to the contrary hereinbefore notwithstanding, and for the benefit not of property but of persons attendant therein, no license shall be issued for the sale of alcoholic beverages within 200 feet of any church or public schoolhouse or private schoolhouse not conducted for pecuniary profit, except to manufacturers, wholesalers, hotels, clubs and fraternal organizations which owned or were actually in possession of the licensed premises prior to enactment of this chapter. The protection of this section may be waived at the issuance of the license and at each renewal thereafter, by the duly authorized governing body on authority of such church or school, such waiver to be effective until the date of the next renewal of the license. Said 200 feet shall be measured in the normal way that a pedestrian would properly walk from the main entrance of said church or school to the main entrance of the premises sought to be licensed. The prohibition contained in this section shall not apply to the renewal of any license where no such church or schoolhouse was located within 200 feet of the licensed premises as aforesaid at the time of the issuance of the license, nor to the issuance or renewal, or both, of any license where such premises have been heretofore licensed for the sale of alcoholic beverages or intoxicating liquors, and such church or schoolhouse was constructed or established, or both, during the time said premises were operated under said previous license.
C. 
Multiple premises on the same City tax lot. More than one licensed premises shall be permitted on the same City tax lot, provided that the distance set forth in this section shall apply to each such licensed premises.

§ 216-5 Merchandising restriction; certain licenses not granted.

A. 
No plenary retail distribution license shall be issued to permit the sale of alcoholic beverages in or upon any premises in which any mercantile business, including a grocery store, supermarket or convenience store, is carried on; provided, however, that this shall not prohibit a plenary retail distribution licensee from selling cigars and cigarettes and like tobacco products and such accessories to tobacco products as pipes, lighters, lighter fuel and parts, humidors, tobacco pouches, cigar and cigarette holders and cases, pipe-cleaning gear, filters, pipe holders and ashtrays at retail as an accommodation to customers; or from selling nuts, pretzels, potato chips and all other similar snack items, foodstuffs, prepared cocktails and items such as ice cubes, paper products, including plates, mats, napkins and playing cards, drinking glasses, containers and other home bar accessories, including but not limited to the exclusion of similar items, pourers, stirrers, mixers, glass pitchers and squeezers; or from selling sliced, processed meats and cheeses, breads, pickles, cold salads and other similar delicatessen items, provided that the area used for the preparation and sale of these delicatessen items shall not exceed 25% of the total square footage of the retail sales area of the licensed premises.
B. 
No seasonal retail consumption licenses shall be issued or granted for any premises within the City of Vineland.
C. 
No limited retail distribution license shall be issued or granted for any premises within the City of Vineland.

§ 216-6 Closed hours.

A. 
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or permit any consumption of alcoholic beverages on the licensed premises 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 12:00 noon; on other weekdays between the hours of 2:00 a.m. and 7:00 a.m.; and on other Sundays between the hours of 2:00 a.m. and 12:00 noon. Nothing in this subsection shall be deemed to prohibit consumption of alcoholic beverages on the licensed premises by the licensee or by bona fide employees of the licensee.
B. 
During the hours that sales of alcoholic beverages are hereinabove prohibited, the entire licensed premises shall also be closed and no person other than the licensee and his bona fide employees shall be permitted to remain thereon, but this closing-of-premises requirement shall not apply to bona fide hotels, to restaurants as defined in N.J.S.A. 33:1-1t, to clubs provided for in N.J.S.A. 33:1-12, Subdivision 5, and State Regulation No. 7, or to other establishments where the principal business is other than the sale of alcoholic beverages.

§ 216-7 Serving of beverages.

No licensee shall serve any alcoholic beverages or allow, permit or suffer service of any alcoholic beverages in any room or place on the licensed premises that is not open to the public generally; provided, however, that this regulation shall not apply to club licensees, nor shall it apply so as to prohibit a hotel licensee from serving guests in their rooms or in private dining rooms.

§ 216-8 Light and view requirements.

All licensed premises in which is located a bar, bar area or service bar, as defined herein, shall provide sufficient lighting in the room in which the bar, bar area or service bar is physically located so a view of the interior of said room may be had from the public means of ingress and egress to said room. Further, the interior of said room in which the bar, bar area or service bar is located shall be arranged in such a manner that a clear view of the interior may be had from the public means of ingress and egress to said room.

§ 216-9 Condition of premises.

Licensees must at all times keep the licensed premises in a safe, clean and sanitary condition.

§ 216-10 Persons under the age of 21 on premises; exception.

[Amended 4-22-1997 by Ord. No. 97-26]
No licensee shall allow, permit or suffer any person under the age of 21 years to frequent, loiter or remain in any room or rooms on the licensed premises used or devoted to the sale, service or consumption of alcoholic beverages, unless such person is accompanied by his or her own parent, guardian or spouse who has attained the age of 21; provided, however, that this regulation shall not apply to restaurants or private and public dining rooms in hotels.

§ 216-11 Consumption by persons under the age of 21 or persons under the influence of alcoholic beverages or drugs on premises.

No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years or to any persons who show outward signs of being under the influence of alcoholic beverages or drugs or where said licensee knows or should have known said persons are under the influence of alcoholic beverages or drugs.

§ 216-12 Prohibited patrons; narcotics or other unlawful drugs; illegal activity or enterprise.

A. 
No licensee shall allow, permit or suffer in or upon the licensed premises the habitual presence of any known prostitute, gangster, racketeer, notorious criminal or other person of ill repute.
B. 
No licensee shall allow, permit or suffer in or upon the licensed premises any unlawful possession of or any unlawful activity pertaining to:
(1) 
Narcotic drugs;
(2) 
Controlled dangerous substances as defined by New Jersey Controlled Dangerous Substance Act (N.J.S.A. 24:21-1 et seq.);
(3) 
Controlled dangerous analogues as defined by the Comprehensive Drug Reform Act of 1987 (N.J.S.A. 2C:35-1 et seq.);
(4) 
Any prescription legend drug in any form, which is not a narcotic drug or a controlled dangerous substance or analogue as so defined;
(5) 
Drug paraphernalia as defined by N.J.S.A. 2C:36-1.
C. 
No licensee shall allow, permit or suffer the licensed premises to be accessible to any premises upon which any illegal activity or enterprise is carried on or the licensed premises or business to be used in furtherance or aid of or accessible to any illegal activity or enterprise.

§ 216-13 Prohibited activities.

No licensee shall allow, permit or suffer in or upon the licensed premises any lewdness, immoral activity or foul, filthy or obscene language or conduct or any brawl, act of violence, disturbance or unnecessary noise or engage in or allow, permit or suffer in or upon the licensed premises any activity which is prohibited by federal, state, county or local laws; nor shall any licensee allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.

§ 216-14 Lotteries.

No licensee shall allow, permit or suffer in or upon the licensed premises any lottery to be conducted or any ticket or participation right in any lottery to be sold or offered for sale; nor shall any licensee possess, have custody of, or allow, permit or suffer any such ticket or participation right in or upon the licensed premises; provided, however, that this section shall not apply to bingo, raffles or New Jersey State Lottery, or tickets or participation rights therein being conducted pursuant to appropriate license under the Bingo Licensing Law (N.J.S.A. 5:8-24), Raffles Licensing Law (N.J.S.A. 5:8-50), State Lottery Law (N.J.S.A. 5:9-11) or other activity authorized by state law. However, in any incidence of bingo at licensed premises, no licensee, during the period between the commencement of the first and the conclusion of the last game, shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery, or consumption of any alcoholic beverage in or upon any part of the licensed premises where the bingo or any part thereof is being conducted.

§ 216-15 Gambling.

A. 
No licensee shall engage in or allow, permit or suffer any pool selling, bookmaking or any unlawful game or gambling of any kind or any slot machine or device in the nature of a slot machine which may be used for playing for money or other valuable things.
B. 
No licensee shall engage in or allow, permit or suffer in or upon licensed premises any gambling paraphernalia including but not limited to any slip, ticket, book, record, document, memorandum or any other writing pertaining in any way to any lottery, pull selling, book making or unlawful game or gambling of any kind.

§ 216-16 Immoral materials.

No licensee shall allow, permit or suffer in or upon the licensed premises or have in his possession or distribute or cause to be distributed any matter containing any obscene, indecent, filthy, lewd, lascivious or disgusting printing, writing, picture or other such representation.

§ 216-17 Intoxication of licensees or workers.

No licensee shall work in any capacity in or upon the licensed premises while actually or apparently under the influence of alcohol or drugs or allow, permit or suffer any person actually or apparently under the influence of alcohol or drugs to work in any capacity in or upon the licensed premises.

§ 216-18 Entrance by persons under the age of 21.

It shall be unlawful for a person under the age of 21 to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her any alcoholic beverage.

§ 216-19 Consumption or purchase by persons under the age of 21.

It shall be unlawful for a person under the age of 21 to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage.

§ 216-20 Misrepresentation of age by persons under the age of 21.

It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee or any employee of a retail licensee to sell, serve or deliver any alcoholic beverage to a person under the age of 21.

§ 216-21 Hotel and motel exceptions.

A. 
Plenary retail consumption licenses in excess of the quota as set forth in this article and the amendments thereto may be issued to hotels and/or motels of 100 sleeping rooms or more where the same are constructed in the City of Vineland.
B. 
Said licenses shall be granted, controlled and regulated in accordance with this article of this chapter of the Code of the City of Vineland and the amendments thereto and shall not in any way change or alter the aforesaid article, except that the granting of new licenses to hotels and/or motels and the distances set forth in this article and the amendments thereto shall not apply to hotels and/or motels in the consideration for the granting of said licenses.

§ 216-22 Additional licensing requirements for hotels and motels.

In addition to the regulations as set forth in the licensing for premises other than hotels and/or motels, the regulations for hotels and/or motels to be granted plenary retail consumption licenses shall include that any bar on the premises shall have ingress and egress through the lobby and from the court or parking area of the hotel and/or motel in question, that there shall be no street entrance to the bar and that there shall be no advertisement on the outside of the hotel and/or motel in question to indicate that there is a bar situate therein. Periodic or postal-card advertisement of the existence of the bar at the hotel and/or motel in question shall not be prohibited. In the event that the hotel and/or motel in question has a restaurant in a building separate from the main body of the hotel and/or motel in question, in which would be served alcoholic beverages, there may be displayed on the outside of the restaurant building a sign, not to exceed three feet in length and one foot in height, reading "cocktails." In such case, no public bar may be maintained in said restaurant, but a service bar or service bars only.

§ 216-23 Bona fide clubs.

Club licenses shall be issued only to bona fide clubs as defined herein, except as provided in N.J.A.C. 13:2-8.5. No license shall be issued to any club unless it has been in active operation in the State of New Jersey for at least three years continuously immediately prior to the submission of its application for a license.

§ 216-24 Previous period of possession and use of club quarters.

Except as provided herein or in N.J.A.C. 13:2-8.5, no license shall be issued to any club unless it shall have been in exclusive possession and use of the clubhouse or club quarters for at least three years continuously immediately prior to the submission of its application for a license. A bona fide club which has been in active operation in this state for the period of time required as aforesaid but which has been deprived of continuous possession in use of its clubhouse or club quarters by reasons of foreclosure, loss of lease, eminent domain, fire, casualty or other removal for a cause other than the violation of the laws of state or of municipal ordinance shall not be prevented thereby from obtaining a club license upon presenting to the satisfaction of the issuing authority proof of said fact and proof that possession of suitable premises has been obtained.

§ 216-25 Exceptions to eligibility requirements.

Any constituent unit chartered or otherwise, duly in franchise, chapter or member club of a national or state order, organization or association, which is in possession of suitable premises shall not be prevented from obtaining a club license by reason of the fact that the unit, chapter or member club has not been in active operation in this state for at least three years continuously or has not been in the exclusive, continuous possession and use of a club house or club quarters for the same period of time, provided that said unit chapter or member of club obtains and submits to the issuing authority a certificate stating that said unit, chapter or member club has been duly credentialed by a national or state order, organization or association which has been in active operation in this state for at least three years continuously immediately prior to submission of the application for a license.

§ 216-26 Sales restricted of members.

A. 
No club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage to any person not a bona fide member of the club or a bona fide guest of such member.
B. 
All club licensees shall have and keep on the licensed premises a true record of all scheduled dinners, luncheons, receptions, dances, parties, catered events and similar affairs held at the club-licensed premises and attended by nonclub members.

§ 216-27 Sale for on-premises consumption only.

No club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages in the original containers for off-premises consumption.

§ 216-28 Hours of permissible sale and consumption.

No club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery or consumption of any alcoholic beverage on the licensed premises during hours or on days when plenary licensees are prohibited from such activities.

§ 216-29 Licensee training and certification requirements.

All holders of plenary or limited retail distribution licenses issued under the provisions of N.J.S.A. 33:1-12 et seq. shall specifically comply with the regulations contained in N.J.A.C. 13:2-22 et seq.

§ 216-30 Closing requirement during public emergencies or crime investigations.

No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage at retail or allow, permit or suffer the consumption of any alcoholic beverages on the licensed premises or allow, permit or suffer the retail licensed premises to be open during any period for which any duly constituted state, county or municipal law enforcement authority, because of a public emergency or investigation of crime, has ordered the licensed premises to be closed unless accepted by such authority to permit continuing conduct of business other than the sale of alcoholic beverages.

§ 216-31 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same and fruit juices.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 216-32 Consumption in public prohibited.

It shall be unlawful for any person to consume or offer to another for consumption any alcoholic beverage in or upon any public street, road, alley, sidewalk, railroad right-of-way, parking lot which is generally open to the public, park, shopping plaza or upon any outdoor facility owned or operated by the City of Vineland.

§ 216-33 Open containers.

It shall be unlawful for any person to possess any alcoholic beverage in or upon any public street, road, alley, sidewalk, railroad right-of-way, parking lot which is generally open to the public, park, shopping plaza or upon any outdoor facility owned or operated by the City of Vineland unless such alcoholic beverage is contained within an original, sealed or closed container.

§ 216-34 Consumption on private property.

It shall be unlawful for any person to possess in open containers or consume or offer for consumption any alcoholic beverage in or upon any private property within the City of Vineland unless the person possessing, consuming or offering such alcoholic beverage is the owner or lessee of such private property or an invitee who has the permission or consent of the owner or lessee of such property to possess or consume alcoholic beverages thereon.

§ 216-35 Exceptions.

A. 
Special permits; liability insurance.
(1) 
The provisions of this article shall not apply to the possession or consumption of alcoholic beverages pursuant to a special permit issued by the Council of the City of Vineland or the Division of Alcoholic Beverage Control of the State of New Jersey when the person possessing or consuming alcoholic beverages is doing so in accordance with the terms and conditions of said permit and at the location authorized by said permit. However, this exception shall not apply to any public park or recreation area owned or operated by the City of Vineland.
(2) 
Where a special permit is issued by the Council of the City of Vineland or the Division of Alcoholic Beverage Control of the State of New Jersey with respect to the possession or consumption of alcoholic beverages pursuant to this section, the issuance of said special permit shall be contingent upon the applicant obtaining a policy of liability insurance insuring for any acts or omissions resulting directly or indirectly from the transfer and/or consumption of alcoholic beverages with the City of Vineland named as an insured in an amount of not less than $1,000,000 per incident and $3,000,000 aggregate.
B. 
Nothing herein contained shall be construed to prohibit the consumption, possession or sale of alcoholic beverages on premises which are duly licensed pursuant to a retail consumption, retail distribution, retail transit, wholesale or club license issued by the governing body of the City of Vineland or by the Division of Alcoholic Beverage Control of the State of New Jersey.

§ 216-36 Labeling on containers.

A. 
No licensee shall knowingly display, sell or deliver any alcoholic beverage in an original container having a content of fill less than that stated on the container or labeled thereof subject to such tolerance as permitted by federal law and regulation, and no licensee shall possess such a container except for the sole purpose of return for credit or replacement.
B. 
No licensee shall manufacture, transport, possess, sell, barter, give away, offer for sale or furnish any alcoholic beverage adulterated with any foreign or harmful subject.
C. 
Nothing in this section shall prohibit licensees from storing and temporarily retaining such beverages for the purpose of returning the same to a manufacturer or wholesaler, provided that the container is immediately resealed and labeled with the name and address of the customer and the date of the return by the customer.

§ 216-37 Violations and penalties.

A. 
A person violating any provision of this chapter shall, upon conviction thereof for a first offense, be punishable by a fine of not more than $200 or by imprisonment for not longer than 90 days, or by both such fine and imprisonment, in the discretion of the court.
B. 
Upon a second offense, a person violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for not longer than 120 days, or by both such fine and imprisonment, in the discretion of the court.
C. 
For any subsequent violations, a person violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $1,000 or by imprisonment for not longer than 120 days, or by both such fine and imprisonment, in the discretion of the court.