[HISTORY: Adopted by the City Council of the City of Englewood as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1978 by Ord. No. 2335 as Ch. 4 of the 1978 Revised General Ordinances)]
No person shall sell or distribute alcoholic beverages in the City other than as provided in this chapter and in N.J.S.A. 33:1-1 et seq.
The annual fees for the granting of the following alcoholic beverage licenses are provided for in Chapter 191, Fee Schedule:
Plenary retail consumption license.
Plenary retail distribution license.
Limited retail distribution license.
[Added 9-19-1989 by Ord. No. 89-15]
Pursuant to the authority granted by N.J.S.A. 33:1-40, the number of licensee to sell alcoholic beverages at retail are hereby limited as follows.
Nothing contained herein shall be deemed to authorize the issuance of a new license in any of the foregoing categories where the issuance thereof is otherwise prohibited by law.
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages, or allow, permit or suffer the consumption of any alcoholic beverages on the licensed premises between the following hours on the following days:
Christmas Day, when it falls on a weekday (Monday through Friday, inclusive) or a Saturday: between the hours of 3:00 a.m. and 8:00 a.m.
New Year's Day, when it falls on a weekday or a Saturday: between the hours of 5:00 a.m. and 8:00 a.m.
New Year's Day, when it falls on a Sunday: between the hours of 5:00 a.m. and noon.
Other weekdays: between the hours of 2:00 a.m. and 8:00 a.m.
Other Saturdays: between the hours of 2:00 a.m. and 8:00 a.m.
Other Sundays: between the hours of 3:00 a.m. and noon.
Christmas Eve, when it falls on a Sunday: between the hours of 3:00 a.m. and 9:00 a.m.
[Added 12-19-1989 by Ord. No. 89-24]
New Year's Eve when it falls on a Sunday: between the hours of 3:00 a.m. and 9:00 a.m.
[Added 12-19-1989 by Ord. No. 89-24]
Editor's Note: Original Section 4-3.1, Retail package sales prohibited on Sunday, as added 5-5-1981 by Ord. No. 81-14, which immediately followed this section, was repealed 4-24-2012 by Ord. No. 12-14.
During the hours when sales of alcoholic beverages are prohibited by § 94-4, the entire licensed premises shall be closed; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to club licenses under N.J.S.A. 33:1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
The interior of a bar, room or store in which alcoholic beverages are sold under any liquor license granted by the Council shall, during such times as such sales are prohibited by law or by the rules and regulations adopted by the Council, be open and in full view from the public street; provided, however, that this requirement shall not apply to restaurants or clubs.
It shall be unlawful for:
Any minor to enter any premises located in the City which is licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverages; or
A minor to consume any alcoholic beverage on premises so licensed for the retail sale of alcoholic beverages, or to purchase or have another purchase for him or her any alcoholic beverage; or
A person to misrepresent or misstate his or her age or the age of another 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 minor; or
Any person to purchase on behalf of, or as an agent of, any minor any alcoholic beverage from a retail licensee or any employee of a retail licensee; or
Any person purchasing any alcoholic beverage from a retail licensee or an employee of a retail licensee to deliver any alcoholic beverage so purchased to a minor.
A parent or guardian of any minor charged with a violation of any of the provisions of this article may be required at the discretion of the Judge of the Municipal Court to attend the hearing of the complaint charging such violation.
No licensee shall permit upon the licensed premises the playing of any music or the operation of any television, radio, phonograph, piano or other musical instrument between the hours of midnight and 8:00 a.m. of the following day, if such following day is a weekday, or the hour of 12:00 noon of the following day if such following day is a Sunday, in such manner or at such volume as to be audible outside the licensed premises.
[Amended 5-6-1980 by Ord. No. 80-15; 11-27-2012 by Ord. No. 12-25]
Except as provided in Subsection C hereof, no owner, agent or employee of any restaurant shall permit any person to consume any alcoholic beverages upon the premises of such restaurant, or furnish ice, glasses or other beverages to be used in connection with such consumption, unless such consumption is permitted on the premises pursuant to a valid alcoholic beverage license issued by the City.
Except as provided in Subsection C hereof, no person shall consume or bring with intent to consume any alcoholic beverage upon the premises of any restaurant unless such consumption is permitted on the premises pursuant to a valid alcoholic beverage license issued by the City.
The provisions of Subsections A and B hereof shall not apply to or prohibit the bringing of wine and/or malt alcoholic beverages into, or the consumption of wine and/or malt alcoholic beverages within, any restaurant in which all food to be provided to customers is served to such customers by waiters and waitresses bringing such food to customers seated at tables or booths, provided that the owner or agent or employee of such restaurant consents thereto.
No person shall consume or have in his possession any alcoholic beverage in any public park within the City.
[Amended 7-10-1996 by Ord. No. 96-24]
Except within an area licensed as an outdoor cafe pursuant to Chapter 180, Article II, Outdoor Cafes, of the Code of the City of Englewood, no person shall consume any alcoholic beverage nor have in his possession, except in a sealed and unopened container, any alcoholic beverage in or upon any public street or sidewalk or within any motor vehicle, whether or not the same shall be in operation, or in or on any property owned by the City, or in or on any property not his own without the consent of the owner, occupant, licensee or tenant thereof, or the authorized agent of any such person.
In addition to the penalty set forth in § 94-15 of this article, the Council, in accordance with the provisions of Title 33 of the Revised Statutes of New Jersey, the amendments thereof and supplements thereto, may suspend or revoke the license of any licensee violating any provision of the said statutes or this chapter.
[Added 3-18-1986 by Ord. No. 86-05]
The Council may, by resolution, subject to the approval of the Director of the Division of Alcoholic Beverage Control, issue a plenary retail consumption license to a nonprofit corporation which conducts musical or theatrical performances or concerts on premises with a seating capacity of 1,000 persons or more subject to the following further restrictions and conditions.
Compliance with all other rules and regulations applicable to the issuance of other plenary retail consumption licenses;
The aforesaid license may be used only for musical or theatrical performances or concerts conducted by the licensees and may not be used in connection with rental of the premises;
The sale of alcoholic beverages for consumption on a licensed premises is authorized only during performances and the hour immediately preceding and the hour immediately following performances;
Any license granted hereunder shall be in effect only so long as the licensee remains as a nonprofit corporation which conducts musical or theatrical performances or concerts and only so long as the licensed premises has a sealing capacity of 1,000 persons or more;
Such other reasonable conditions and restrictions as may be specified in the resolution authorizing the issuance of said license.
The aforesaid license shall be for a term not in excess of one year and shall expire on June 30 at 12:00 midnight following issuance thereof.
The Council may establish by ordinance a special fee for the issuance of the aforesaid license; provided, however, that unless such a special fee is established the fee for such license shall be equivalent to the fee charged for other plenary retail consumption licenses within the City of Englewood.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 9-19-1989 by Ord. No. 89-15]
Plenary retail consumption licenses for eligible hotels and motels shall be subject to the following regulations.
Such license shall be affective and is contingent upon the completion of a hotel or motel containing at least 100 guest sleeping rooms, the issuance of a certificate of occupancy therefor, and the actual operation thereof. In the event of the failure to complete said hotel or motel, or the failure to obtain a certificate of occupancy therefor or the revocation of such certificate of occupancy or upon the cessation of the actual operation of the hotel or motel for any reason, said license shall be subject of revocation.
The licensee shall:
Require proper identification and proof of age of all youthful patrons of the licensed premises prior to their purchase of any alcoholic beverages.
Prohibit further entry into the licensed premises or sale of any alcoholic beverages to any patron or person who is visibly intoxicated.
Report any and all violations of the law witnessed by the licensee or its agents and employees and occurring in or about the licensed premises and vicinity and, upon request of the police, sign complaints.
Regularly monitor and patrol the licensed premises, the parking area servicing and forming a part of the licensed premises, and vicinity to discourage and report any use of any controlled dangerous substances or the unlawful consumption of alcoholic beverages and to prevent loitering.
Conspicuously post at each entrance to the parking facilities servicing the licensed premises the following signs:
The licensee shall require that all patrons entering any portion of the licensed premises excluding guest rooms and banquet rooms in which alcoholic coverages are sold after 10:00 p.m. on Halloween, St. Patrick's Day, New Year's Eve, and Friday and Saturday nights be of legal drinking age in New Jersey.
The licensee shall monitor the licensed premises so as to prohibit the consumption of alcoholic beverages by any person under the legal drinking age in New Jersey within all portions of the licensed premises including but not limiting to any guest room.
To assist in carrying out the foregoing, the licensee shall arrange with the City of Englewood for the detailing of an on-duty Englewood police officer in or about the licensed premises and pay to the City the fee established therefor by ordinance. At the request of the licensee, and where the Director of Public Safety reasonably determines that the detailing of an on-duty Englewood Police Officer is not necessary to carry out the foregoing conditions, the licensee may substitute the services of either an off-duty regularly employed police officer from a municipality within New Jersey other than Englewood, or employ a uniformed security guard from a recognized security service to be approved by the Director of Public Safety as to the requisite qualifications, training and appearance to perform the functions herein enumerated. Said police officer or guard shall be on duty within the licensed premises during the hours of 7:00 p.m. through closing on Fridays and Saturdays, St. Patrick's Day, Halloween, the evenings immediately preceding legal holidays within New Jersey and on other special event such as proms and weddings, as may be designated by the Director of Public Safety where such services are reasonably required to carry out the foregoing conditions.
Violation of any of the provisions hereof shall be deemed to constitute a violation of the terms and conditions of the license as if the same were set forth as a special term or condition. In the event of such violations, the City may institute disciplinary proceedings against the licensee and may take such other actions as may be authorized by law.