[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:
[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.
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:
A.
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.
B.
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.
C.
New Year's Day, when it falls on a Sunday: between the hours
of 5:00 a.m. and noon.
D.
Other weekdays: between the hours of 2:00 a.m. and 8:00 a.m.
E.
Other Saturdays: between the hours of 2:00 a.m. and 8:00 a.m.
F.
Other Sundays: between the hours of 3:00 a.m. and noon.
G.
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]
H.
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[1]]
[1]
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followed this section, was repealed 4-24-2012 by Ord.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:
A.
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
B.
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
C.
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
D.
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
E.
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]
A.
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.
B.
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.
C.
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]
A.
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.
(1)
Compliance with all other rules and regulations applicable to the
issuance of other plenary retail consumption licenses;
(2)
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;
(3)
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;
(4)
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;
(5)
Such other reasonable conditions and restrictions as may be specified
in the resolution authorizing the issuance of said license.
B.
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.
C.
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:
A.
Require proper identification and proof of age of all youthful patrons
of the licensed premises prior to their purchase of any alcoholic
beverages.
B.
Prohibit further entry into the licensed premises or sale of any
alcoholic beverages to any patron or person who is visibly intoxicated.
C.
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.
D.
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.
E.
Conspicuously post at each entrance to the parking facilities servicing
the licensed premises the following signs:
F.
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.
G.
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.[1] 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.
