[Adopted 7-16-1936 by Ord. No. 3-1936; amended in its entirety 11-25-1987 by Ord. No.
105-1987]
Unless otherwise stated and except where inconsistent with the
purpose or intent of this article or the common understanding and
usage thereof, the definitions set forth in N.J.S.A. 33:1-1 shall
apply to this article. In addition, the following words and terms
shall be deemed to have the meanings herein given them for the purpose
of this article:
Title 33 of the Revised Statutes; the regulations and bulletins
promulgated by the Director of the Division of Alcoholic Beverage
Control; and the ordinances of the City of Atlantic City relating
to alcoholic beverage control, regulation and licensing.
The Municipal Board of Alcoholic Beverage Control of the
City of Atlantic City.
No person shall expose for sale, solicit or promote the sale
of, possess with intent to sell or sell, give, dispense or otherwise
transfer or dispose of alcoholic beverages for value in the City of
Atlantic City, nor shall any person operate, use or maintain any store,
dwelling or other building or premises of any kind for such purposes,
unless such person has first obtained a duly issued and valid license
as provided for by the Alcoholic Beverage Control Law.
The Municipal Board of Alcoholic Beverage Control of the City
of Atlantic City, created by resolution of the City Council on July
30, 1982, is hereby continued. The Board shall be constituted and
its members appointed pursuant to the provisions of N.J.S.A. 40:69A-43(e)
and N.J.S.A. 33:1-5 et seq. A member shall be removable for cause.
The Board shall constitute the authority for administration and issuance
of licenses and all matters relating thereto pursuant to the Alcoholic
Beverage Control Law.
All actions of the Board shall be subject to the Alcoholic Beverage
Control Law.
The Atlantic City Police Department is hereby designated as
the Alcoholic Beverage Control Investigation and Enforcement Unit
and is hereby authorized and empowered to investigate, inspect, search
and examine any licensed premises and to take any other action as
may be authorized by the Alcoholic Beverage Control Law.
[Amended 11-23-2004 by Ord. No. 127-2004]
A.
The annual license fee shall be as follows:
(1)
(2)
(3)
For a club license: $180, effective in the first full term commencing
after the effective date of this article.
B.
All license fees shall be paid in cash or by certified check or cashier's
check.
C.
All fees shall be submitted at the time an application is presented
for filing.
No license shall be issued to any person or for any premises
unless that person and the proposed premises are fully qualified to
receive such a license under the Alcoholic Beverage Control Law.
A.
No application shall be deemed received or accepted for filing unless
it is complete in all respects and accompanied by the required number
of copies, all attachments and the full amount of all fees.
B.
Fees shall be submitted in the form of a certified check or cashier's
check.
C.
Every application for a new license and for the place-to-place transfer
of a license shall include:
(1)
An accurate floor plan, which is substantially to scale, depicting
the interior of the structure in which the licensed premises is to
be located. The premises to be licensed shall be outlined in red.
(2)
A detailed explanation of the business and activities to be conducted
on the licensed premises and in any location having direct access
to the licensed premises.
(3)
In the case of a plenary retail consumption license without broad
package privileges, an accurate diagram and description of the location(s)
within the licensed premises at which alcoholic beverages to be sold
for off-premises consumption will be displayed.
F.
Every application for a person-to-person transfer shall include all of the information required by Subsection C(2).
G.
No licensee shall reduce the licensed premises, change the nature of the business or the activities to be conducted on the licensed premises or change the location(s) within the licensed premises at which alcoholic beverages to be sold for off-premises consumption will be displayed unless it first notifies the Board in writing and complies with all applicable laws. Said notification shall contain all of the information required by Subsection C(1), (2) and (3).
A.
The holder of a plenary retail consumption license may, subject to
the Alcoholic Beverage Law, sell any alcoholic beverage for consumption
on the licensed premises by the glass or other open receptacle and
also sell any alcoholic beverages in original containers for consumption
off the licensed premises.
B.
This license shall not be issued to permit, and the holder of such
a license shall not permit, allow or suffer, the sale of alcoholic
beverages in or upon any premises in which any other mercantile business
is carried on, except for such businesses expressly authorized by
the Alcoholic Beverage Control Law.
C.
The holder of a plenary retail consumption license, casino hotel
alcoholic beverage permit, special concessionaire permit or other
state permit holder authorized to sell alcoholic beverages with a
licensed premises that is adjacent to the open container zone, including
licensed beach bar operator, may, subject to the conditions, permit
a patron who is at least 21 years of age to remove a single alcoholic
beverage in an open container no larger than 16 ounces, marked with
the name and/or logo of the vendor, and sealed with a lid and tamper-evident
marking. In order to permit the removal of open containers of alcoholic
beverages from the licensed premises, the licensee or permittee shall
complete and file a registration with the City indicating that the
vendor intends to permit its patrons to remove containers of alcoholic
beverages for intended consumption in the Open Container Zone as provided
herein and that the licensee or permittee acknowledges and shall abide
by all requirements established for that purpose; and the registration
shall require the vendor to agree to indemnify and defend the City
for claims by third parties against the City to the extent losses
from those claims are the direct result of the vendor's alcoholic
beverage service; and the vendor shall provide the City with evidence
of insurance coverage, naming the City and its elected and appointed
officials, officers, employees and agents as additionally insured,
with general liability and liquor liability coverage in an amount
no less than $2,000,000 with terms of coverage as may be required
by the City; and no vendor shall permit any patron to remove more
than one alcoholic beverage upon that patron's exit of the licensed
premises; and the vendor shall have conspicuously posted signage at
the exits of the licensed premises from which patrons are permitted
to remove alcoholic beverages providing notice regulations relevant
to the Open Container Zone.
[Added 7-19-2023 by Ord. No. 48-2023]
D.
Penalties.
The penalty for violation of this section, upon conviction, shall
be $250 for the first offense, $500 for the second offense, and $1,000
for each subsequent offense.
[Added 7-19-2023 by Ord. No. 48-2023]
A.
The holder of a plenary retail distribution license may, subject
to the Alcoholic Beverage Law, sell any alcoholic beverages for consumption
off the licensed premises, but only in original containers.
B.
This license shall not be issued to permit, and the holder of such
a license shall not permit, allow or suffer, the sale of alcoholic
beverages in or upon any premises in which any other mercantile business
is carried on, except for the retail sale of:
(1)
Distiller's and vintner's packaged holiday merchandise prepackaged
as a unit with suitable glassware as gift items to be sold only as
a unit.
(2)
Novelty wearing apparel identified with the name of the licensed
establishment.
(3)
Cigars and cigarettes.
(4)
Packaged crackers, chips, nuts and similar snacks.
(5)
Nonalcoholic beverages as accessory beverages to alcoholic beverages.
(6)
Ice.
(7)
Cheese.
(8)
Packaged gourmet food gift items.
(9)
Fruit baskets.
(10)
New Jersey lottery tickets, but only if the licensed premises
and the licensee have been authorized for such sales by the New Jersey
Lottery Commission.
A.
The holder of a club license may, subject to the Alcoholic Beverage
Law, sell any alcoholic beverages, but only for immediate consumption
on the licensed premises and only to bona fide club members and their
guests.
B.
No club license shall be issued to other than an organization, corporation
or association consisting of 60 or more persons operating solely for
benevolent, charitable, fraternal, social, religious, recreational,
athletic or similar purposes and not private gain.
C.
Except as otherwise provided by N.J.A.C. 13:2-8.4 and 13.2-8.5, no
club license shall be issued to any club unless it shall have been
in exclusive possession and use of a clubhouse or club quarters for
at least three years continuously immediately prior to the submission
of its application for a license.
D.
No club license shall be issued to any person who does not meet the
requirements of N.J.A.C. 13:2-8.1 et seq.
E.
A club licensee shall comply with all requirements set forth in N.J.A.C.
13:2-8.1 et seq.
A.
Plenary retail consumption licenses shall be limited in number to
220; provided, however, that such limitation shall not affect the
licenses presently issued or the renewal of the same in subsequent
years. Except as provided below, no new plenary retail consumption
license shall be issued until the number of such licenses is reduced
below 220 or such lesser number as is required by law.[1]
[1]
Editor's Note: Retail consumption licenses shall be limited
in number to 220; provided, however, that such limitation shall not
affect the licenses presently issued or renewal of the same in subsequent
years. No new retail consumption license shall be issued until, by
relinquishment, revocation or otherwise, the number of retail consumption
licenses shall be reduced below the number of 220, and then new licenses
may only be issued until the limitation of 220 is reached.
Retail distribution licenses shall be limited in number to
20; provided, however, that such limitation shall not affect locations
where licenses are presently issued or renewals of the same in subsequent
years. No new retail distribution license shall be issued until, by
relinquishment, revocation or otherwise, the number of retail distribution
licenses shall be reduced below the number of 20, and then new licenses
may only be issued until the limitation of 20 is reached. No new retail
distribution license shall be issued for premises fronting on the
Boardwalk or approaches thereto or within 125 feet of the Boardwalk;
provided, however, that this letter limitation shall not prohibit
the granting of such licenses to premises which now have licenses.
B.
The limitation set forth in Subsection A shall not prevent the issuance of a new license in accordance with N.J.S.A. 33:1-12.18.
C.
The City may issue an exception license for a hotel or motel under
the authority of N.J.S.A. 33:1-12.20.
[Amended 11-2-2016 by Ord. No. 40-2016]
D.
Plenary retail distribution licenses shall be limited in number to
20; provided, however that such limitation shall not affect the licenses
presently issued or the renewal of the same in subsequent years. No
new plenary retail distribution license shall be issued until the
number of such licenses is reduced below the number of 20 or such
lesser number as may be required by law.[2]
[2]
Editor's Note: Retail consumption licenses shall be limited
in number to 220; however, that such limitation shall not affect the
licenses presently issued or renewals of the same in subsequent years.
No new retail consumption license shall be issued until, by relinquishment,
revocation or otherwise, the number of retail consumption licenses
shall be reduced below the number of 220, and the new licenses may
only be issued until the limitation of 220 is reached.
Retail distribution license shall be limited in number to
20; provided, however, that such limitation shall not affect locations
where licenses are presently issued or renewals of the same in subsequent
years. No new retail distribution license shall be issued until, by
relinquishment, revocation or otherwise, the number of retail distribution
licenses shall be reduced below the number of 20, and then new licenses
may only be issued until the limitation of 20 is reached. No new retail
distribution license shall be issued for premises fronting on the
Boardwalk or approaches thereto or within 125 feet of the Boardwalk;
provided, however, that this letter limitation shall not prohibit
the granting of such licenses to premises which now have licenses.
A.
Except as provided in Subsection B below, no plenary retail distribution license or plenary retail consumption license shall be issued for, and no such license shall be transferred to any premises situated in the Resort Commercial Zone or Central Business District Zone, as established by the Atlantic City Land Use Ordinance,[1] that is within 200 feet of a premises for which a license
of either type is outstanding or any premises situated in a zone other
than the Resort Commercial Zone or Central Business District Zone,
as established by the Atlantic City Land Use Ordinance, that is within
500 feet of a premises for which a license of either type is outstanding
unless the Board affirmatively finds by clean and convincing evidence
that:
(1)
The transfer or issuance is in the public interest.
(2)
There is no widespread or substantial community sentiment which is
reasonably associated with dangers to the public health, safety, morals
and general welfare commonly recognized as incident to alcoholic beverage
activity against the transfer or issuance.
(3)
The transfer or issuance will not negatively impact on the character
of the neighborhood.
B.
The limitations of Subsection A shall not apply to:
(1)
Any issuance or transfer of a plenary retail consumption license
without the broad package privilege to a bona fide hotel or motel
containing a least 100 sleeping units.
(2)
Any issuance or transfer to premises located within an enclosed shopping
mall or food court, even if such premises have an adjacent outdoor
dining area, but only with respect to other licensed premises within
that mall or court.
(3)
The person-to-person transfer to a license heretofore issued or transferred
in compliance with all the provisions of the Alcoholic Beverage Law
effective at the time of said issuance or transfer, which is not in
compliance with this section.
C.
The premises for which a plenary retail distribution license is issued
shall be distinct and separate from all other adjacent premises in
which other business may be carried on and shall be divided from such
other premises by a wall completely separating the licensed premises
from such adjacent premises. There shall be no ingress or egress to
or from such licensed premises to an adjacent premises in which other
business may be carried on, nor shall there be glass or similar clear
partitions between the two premises whereby the goods in the licensed
premises may be visible to persons in the adjacent premises.
D.
No plenary retail distribution license shall be issued for or transferred
to any premises fronting on the Boardwalk.[2]
[2]
Editor's Note: Former Subsection E, concerning plenary retail
consumption licenses for premises within 25 feet of the Boardwalk,
which immediately followed this subsection, was repealed 5-24-2000
by Ord. No. 32-2000.
A.
Subject to any restrictions imposed by special license conditions,
disciplinary sanctions and orders of a duly constituted state, county
or municipal law enforcement authority because of a public emergency
or investigation of a crime, a licensee may sell alcoholic beverages
in open containers for consumption on the licensed premises during
all hours of the day, seven days a week.
B.
Subject to any restriction imposed by special license conditions,
disciplinary sanctions and orders of a duly constituted state, county
or municipal law enforcement authority because of a public emergency
or investigation of a crime, a licensee may sell alcoholic beverages
in original containers for consumption off the licensed premises during
the hours of 10:00 a.m. to 12:00 midnight, seven days a week.
[Amended 4-24-2013 by Ord. No. 21-2013]
A.
No license shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage, directly
or indirectly, to any person under the age at which a person is authorized
to purchase or consume alcoholic beverages in New Jersey nor to any
person actually or apparently intoxicated; nor shall any licensee
permit or suffer the consumption of any alcoholic beverage by any
such person on the licensed premises.
B.
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 beverage
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 premises
to be closed, unless excepted by such authority to permit continuing
conduct of business other than the sale of alcoholic beverages.
C.
No licensee shall allow, permit or suffer in or upon the licensed
premises any unlawful possession of or any unlawful activity pertaining
to narcotic or other drugs or other controlled dangerous substances
as defined by the New Jersey Controlled Dangerous Substances Act,
N.J.S.A. 24:21-1 et seq., or the Comprehensive Drug Reform Act of
1986, N.J.S.A. 2C:35-1 et seq., or any prescription legend drug, in
any form, which is not a narcotic, depressant or stimulant drug, or
controlled dangerous substance as so defined.
D.
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.
E.
No plenary retail distribution licensee shall allow, permit or suffer
any alcoholic beverage to be consumed in or upon the licensed premises,
nor shall such licensee possess or allow, permit or suffer any open
containers of alcoholic beverage in or upon the licensed premises;
provided, however, that opened bottles of alcoholic beverages returned
by a customer as allegedly defective may be so possessed pending return
to the manufacturer or wholesaler; and further provided that the container
is immediately resealed and labeled with the name and address of the
customer and the date of return by the customer.
F.
No licensee shall conduct the licensed business unless:
(1)
The current license certificate is at all times conspicuously displayed
on the licensed premises in such plain view as to be easily read by
all persons visiting such premises.
(2)
A photostatic or other true copy of the application for the current
license as well as the last filed long-form application (if current
application is the short form) is kept on the licensed premises.
(3)
A list, in form prescribed by the Director of the Division of Alcoholic
Beverage Control, containing the names and addresses of and required
information with respect to all persons currently employed on retail
licensed premises, is kept on the licensed premises.
(4)
Such application copy and such list are available for inspection
by the Director, his deputies, inspectors and investigators and by
any officer defined by N.J.S.A. 33:1-1.
G.
No license shall, directly or indirectly, allow, permit or suffer
any practice or promotion that:
(1)
Offers to the public at large unlimited availability of any alcoholic
beverage for a set price.
(2)
Offers to a patron or consumer a free drink, gift, prize or anything
of value, conditioned upon the purchase of an alcoholic beverage or
product, except branded or unique glassware of souvenirs in connection
with a single purchase or consumer mailing rebates offered by alcoholic
beverage producers or importers in accordance with N.J.A.C. 13:2-24.11.
(3)
Requires or allows a consumer to prepurchase more than one drink
or product at a time via tickets, tokens, admission fees, two-for-one
of the like as a condition for entry into a licensed premises or as
a requirement for service or entertainment thereon.
H.
No licensee shall work in any capacity in or upon the licensed premises
while actually or apparently intoxicated or allow, permit or suffer
any actually or apparently intoxicated person to work in any capacity
in or upon the licensed premises.
I.
No licensee, during the suspension of his or her license, shall:
(1)
Allow, permit or suffer the sale, service, delivery or consumption
of any alcoholic beverage or any other alcoholic beverage activity
in or upon the licensed premises, except the storage of alcoholic
beverages on hand or, with permission of the Director, the return
of alcoholic beverages to the wholesaler or manufacturer.
(2)
Deliver any alcoholic beverage to any consumer.
(3)
Receive delivery of any alcoholic beverage at the licensed premises.
(4)
Advertise that the licensed premises is closed or the licensed business
stopped because of repairs or alterations or for any reason other
than the suspension.
J.
The interior plan of the licensed premises, the nature of the business
and, in the case of a plenary retail consumption license without broad
package privileges, the place of display of alcoholic beverages for
sale off the licensed premises shall not be altered, amended, revised
or changed without an appropriate application or amendment by the
Board.[1]
[1]
Editor's Note: Former Subsection K, concerning serving alcoholic
beverages in rooms not open to the public generally, which immediately
followed this subsection, was repealed 5-24-2000 by Ord. No. 32-2000.
Any license issued under this article may be suspended or revoked
for any violation of the Alcoholic Beverage Law.
Any person that violates any of the provisions of the Alcoholic
Beverage Control Law which provides for criminal penalties may be
subject to such criminal penalties in addition to any civil sanctions
that may be taken against a licensee.
Each violation of this article, if of a continuing nature, shall
be deemed to be a separate offense on each day on which it occurs.
