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:
ALCOHOLIC BEVERAGE CONTROL LAW and ALCOHOLIC BEVERAGE LAW
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.
BOARD
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) For a plenary retail consumption license:
(a)
For the first full license term commencing after the effective
date of this article: $1,200.
(b)
For the license term commencing following that described in Subsection
A(1)(a) above: $1,400.
(c)
For the next and each subsequent license term: $1,600, plus
an annual increase of 20%, to a maximum of $2,500.
[Amended 3-2-2016 by Ord.
No. 6-2016]
(2) For a plenary retail distribution license:
(a)
For the first full license term commencing after the effective
date of this article: $1,200.
(b)
For the license term commencing following that described in Subsection
A(1)(a) above: $1,400.
(c)
For the next and each subsequent license term: $1,600, plus
an annual increase of 20%, to a maximum of $2,500.
[Amended 11-15-2017 by Ord. No. 33-2017]
(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.
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.