[HISTORY: Adopted by the Board of Commissioners
of the City of Bordentown 3-13-1989 by Ord. No. 1989-3. Amendments noted where
applicable.]
When used in this chapter, the following terms
shall be defined as follows:
Such licenses as are classified as "Class C licenses" pursuant
to the statute.
Such rules and regulations established from time to time
by the Director of the Division of Alcoholic Beverage Control of the
State of New Jersey.
The New Jersey Alcoholic Beverage Law, N.J.S.A. 33:1-1 et
seq., as amended.
It shall be unlawful to sell or distribute alcoholic
beverages within the City of Bordentown, except pursuant to and within
the terms of the statute, rules and regulations and this chapter.
All applications for any Class C license, and
all Class C licenses issued hereunder, shall be subject to the statute,
rules and regulations and this chapter.
The Board of Commissioners of the City of Bordentown
shall be the local authority for the issuance, suspension or revocation
of any license issued pursuant to this chapter.
The Board of Commissioners of the City of Bordentown
may deny an application for a license or transfer of license pursuant
hereto or may suspend or revoke or otherwise fail to renew any license
issued pursuant hereto for any violation of any provision of the statute,
rules or regulations, this chapter or of any ordinance of the City
of Bordentown.
Each licensee to whom a license pursuant to
this chapter is issued shall permit alcoholic beverages to be consumed
only in accordance with the statute, rules or regulations, this chapter
or any other ordinance of the City of Bordentown.
A.
No more than eight plenary retail consumption licenses shall be issued
and outstanding at the same time in the City of Bordentown, but this
limitation shall not prevent the renewal of licenses presently outstanding
or the transfer of such licenses and the renewal of licenses so transferred.
This limit shall not be applicable to any plenary retail consumption
licenses which are permitted to be issued by the City under an exception
to the population ratio formula of N.J.S.A. § 33:1-12.14,
such as licenses issued to persons operating hotels or motels containing
at least 100 guest sleeping rooms.
[Amended 7-10-2017 by Ord. No.
2017-10]
No seasonal retail consumption licenses shall
be issued within the City of Bordentown.
A.
No more than one plenary retail distribution license
shall be issued and outstanding at the same time in the City of Bordentown.
No limited retail distribution licenses shall
be issued within the City of Bordentown.
[Amended 12-24-1990 by Ord. No. 1990-6; 7-27-1992 by Ord. No. 1992-3; 1-22-1996 by Ord. No. 1995-21; 9-11-1997 by Ord. No. 1997-9; 2-8-1999 by Ord. No. 1999-3; 12-10-2001 by Ord. No.
2001-16; 8-12-2002 by Ord. No. 2002-10; 4-14-2003 by Ord. No.
2003-6; 3-9-2009 by Ord. No. 2009-02]
A.
No licensee
shall sell, serve or deliver, allow, permit or suffer the sale, service
or delivery of any alcoholic beverage upon or from the licensed premises
between the hours of 12:00 midnight and 9:00 a.m. from Sunday through
Thursday, inclusive, of each week. On Fridays and Saturdays, licensees
may open at 9:00 a.m. and may serve alcohol until the following morning
(Saturdays and Sundays, respectively) until 1:30 a.m. Also, on New
Year’s Eve, Saint Patrick’s Day, Easter Sunday, Fourth
of July, Thanksgiving Eve and Christmas, inclusive, a licensee may
permit the sale of any alcoholic beverage until 1:30 a.m. the following
morning and consumption upon the licensed premises until 2:00 a.m.
the following morning at the discretion of the Board of Commissioners
of the City of Bordentown.
B.
All licensees may sell, at retail, alcoholic beverages by the glass,
glass mug, or glass goblet, but not in the original container, for
on-premises consumption on Sundays between the hours of 11:00 a.m.
and 12:00 midnight, regardless of whether such beverages are served
and consumed in conjunction with the service of meals. When New Year's
Eve, Saint Patrick's Day, Easter Sunday, Fourth of July, Thanksgiving
Eve, and Christmas fall on a Sunday, the sale of alcoholic beverages
may take place between the hours of 11:00 a.m. and 1:30 a.m. the following
morning, and consumption upon the premises may continue until 2:00
a.m. the following morning.
[Amended 12-28-2016 by Ord. No. 2016-19]
C.
During
the hours that the consumption of alcoholic beverages upon the licensed
premises is prohibited by this chapter, the entire licensed premises
shall be closed to all persons except the licensees or employees who
clean or perform other necessary work in or about the premises during
such prohibited hours; and the entire interior of the bar or business
room or any other room where alcoholic beverages are sold, delivered
or consumed shall be kept open to full view of the public thoroughfare
or from adjacent rooms to which the public is freely admitted. The
closing-of-premises requirement shall not apply to club licenses which
may remain open for business, except for the sale, service or delivery
of alcoholic beverages, during the hours prohibited by this chapter.
A.
No alcoholic beverage may be either sold or consumed
in any portion of the licensed premises which is open to view of the
public thoroughfare or from adjacent rooms to which the public is
freely admitted. All doors leading into that portion of the licensed
premises in which sales or consumption of alcoholic beverages are
permitted shall be kept closed during the hours that sales or consumption
are permitted by this chapter. All such doors that contain glass panes
shall have appropriate glass-pane treatments that will prevent full
view into that portion of the licensed premises from the public thoroughfare
or from adjacent rooms to which the public is freely admitted. All
windows existing in that portion of the licensed premises in which
alcoholic beverages are sold or consumed shall be covered by window
treatments that will prevent view into that portion of the licensed
premises from the public thoroughfare or from adjacent rooms to which
the public is freely admitted.
B.
No licensee shall permit any voices, noises or other
sounds of any type or nature to emanate from the licensed premises
to either any adjoining premises or to the public thoroughfare.
No licensee shall sell, serve or deliver or
allow, permit or suffer the sale, service or delivery of any alcoholic
beverages, directly or indirectly, to any person under the age of
21 years or to any person actually or apparently intoxicated or to
allow, permit or suffer the consumption of alcoholic beverages by
any such person upon the licensed premises.
No licensee shall allow, permit or suffer in
or upon the licensed premises any disturbances, lewdness, immoral
activities, fighting, brawls or unnecessary noises or allow, permit
or suffer the licensed place of business to be conducted in such a
manner as to create or become a nuisance.
No licensee shall allow, permit or suffer any
gambling, lottery or football or other betting pool to be conducted
or any ticket or right of participation in any lottery or football
or other betting pool to be sold or offered for sale on or about the
licensed premises.
No license of any type shall be issued pursuant
to this chapter until the premises have been approved by the Commissioners
of the City of Bordentown and by the Board of Health for the City
of Bordentown or County of Burlington. The Board of Commissioners
of the City of Bordentown and the appropriate Board of Health shall,
after the issuance of any license, have the right and power at any
time or times to inspect the licensed premises to ascertain whether
the premises is being maintained in a sanitary condition. The failure
to maintain the licensed premises in a sanitary condition shall be
cause for the suspension or revocation of the license.
Any licensee or applicant for a license shall
provide such information to the Board of Commissioners of the City
of Bordentown as may be requested with respect to any matter or matters
pertaining to the ownership or management of the premises or to any
other matter pertaining to the conduct of the business being conducted
pursuant to the license.
[Amended 12-24-1990 by Ord. No. 1990-5]
[Added 5-13-1991 by Ord. No. 1991-5]
A.
Any person under the legal age to purchase alcoholic
beverages who knowingly purchases, possesses without legal authority
or knowingly consumes any alcoholic beverage in any school, public
conveyance (but not limited to movie theaters, motels or hotels) or
public parks, beaches or other open public lands is guilty of a disorderly
persons offense and shall be fined not less than $100.
B.
Nothing in this section shall apply to possession
of alcoholic beverages by any such person while actually engaged in
the performance of employment pursuant to an employment permit issued
by the Director of the Division of Alcoholic Beverage Control or for
a bona fide hotel or restaurant, in accordance with provisions of
N.J.S.A. 33:1-26.
[Added 5-13-1991 by Ord. No. 1991-5]
Any person of legal age to purchase alcoholic
beverages who, knowingly and without the express written permission
of the school board, its delegated authority or any school principal,
brings or possesses any alcoholic beverages on any property used for
school purposes which is owned by any school or school board is guilty
of a disorderly persons offense.
[Added 5-13-1991 by Ord. No. 1991-5]
Anyone, either above or below the legal age
to purchase alcoholic beverages, who purposely or knowingly offers
or who serves or makes available an alcoholic beverage to a person
or persons under the legal age for consuming alcoholic beverages or
entices that person to drink an alcoholic beverage or who makes available
his or her residence or property as a place for an underage person
or persons to consume alcohol is a disorderly person. This section
shall not apply to a parent or guardian or to a first cousin or closer
relative by blood, marriage or adoption of the person under legal
age for consuming alcoholic beverages, if the parent, guardian or
relative is of the legal age to consume alcoholic beverages and is
present while the underage relative consumes the same, or to a religious
observance, ceremony or rite. This section shall also not apply to
any person in his home who is of true legal age to consume alcoholic
beverages who offers or serves or makes available an alcoholic beverage
to a person under the legal age for consuming alcoholic beverage in
the presence and with the permission and approval of the guardian
or first cousin or closer relative by blood, marriage or adoption
of the person under the legal age for consuming alcoholic beverages,
if the guardian or relative is of a legal age to consume alcoholic
beverages. The foregoing two exceptions apply only between the underage
person or persons who may be present.
