[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 1-7-1959.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Board of Alcoholic Beverage Control — See Ch. 9.
[1]
Editor's Note: The provisions of this chapter are derived
from Ch. 24, Sections 24.01 through 24.10 and 24.12, of the former
Revised Ordinances of the City of Hoboken, adopted 1-7-1959 by Ord.
No. 123.
This chapter is for the purpose of fixing license fees and regulating
the sale, service, consumption and distribution of alcoholic beverages
in the City of Hoboken, in accordance with the provisions of N.J.S.A.
33:1-1 to 33:1-78, the rules and regulations of the Director of the
Division of Alcoholic Beverage Control of the State of New Jersey
applicable thereto and the rules and regulations adopted by competent
municipal authority.
It shall be unlawful to sell, serve, distribute or permit the
consumption, sale, service or distribution of alcoholic beverages
otherwise than as provided in this chapter and N.J.S.A. 33:1-1 to
33:1-78.
The Alcoholic Beverage Control Board of the City of Hoboken
or such other body or board to whom the power to act in the premises
may be vested by state law or by action of the governing body of the
City of Hoboken shall constitute the municipal issuing authority for
the administration of the provisions of N.J.S.A 33:1-1 to 33:1-78
under this chapter.
[Amended 7-16-1969 by Ord. No. 325; 6-17-1994 by Ord. No. R-50; 6-29-1994 by Ord. No. R-54; 11-2-1994 by Ord. No. R-87; 6-7-1995 by Ord. No.
R-127; 12-6-1995 by Ord. No. R-158; 5-15-1996 by Ord. No. R-187; 6-5-1996 by Ord. No. R-188; 5-21-1997 by Ord. No. R-244; 5-20-1998 by Ord. No.
R-314; 6-2-1999 by Ord. No. R-385; 6-7-2000 by Ord. No. R-442; 5-2-2012 by Ord. No. Z-180; 7-11-2012 by Ord. No. Z-191]
A.
No licensee shall serve, deliver or allow, permit or refer the sale,
service or delivery of any alcoholic beverages or allow or permit
the consumption of any alcoholic beverage on the licensed premises
on:
(1)
New Year's Day, when it is a Sunday, between the hours of 5:00 a.m.
and 11:00 a.m., and on New Year's Day, when it is any day other than
a Sunday, between the hours of 5:00 a.m. and 6:00 a.m.;
(2)
Any day for which Hoboken City Hall is designated, in writing, as
closed due to a holiday, between the hours of 3:00 a.m. and 6:00 a.m.;
(3)
Any other Sunday, between the hours of 3:00 a.m. and 10:00 a.m.,
except:
[Amended 12-20-2017 by Ord. No. Z-530; 7-10-2019 by Ord. No. B-156; 11-2-2022 by Ord. No. B-501]
(a)
In
those years that Christmas Eve (December 24) and New Year's Eve (December
31) fall on a Sunday, plenary distribution licensees may also sell
and deliver alcoholic beverages for consumption off of their premises
between the hours of 9:00 a.m. and 11:00 a.m.; and
(b)
During
the men's or women's FIFA World Cup soccer competitions, the ABC Board
may authorize bars and restaurants with Type 33 alcoholic beverage
control licenses to be open and sell alcoholic beverages for longer
than the regular hours delineated herein, subject to the following
conditions:
[Amended 7-24-2023 by Ord. No. B-585]
[1]
Establishments must close at the regularly ordained time, but
may reopen and start serving alcohol at the time permitted by the
ABC Board, but not earlier than at 5:00 a.m., on days when a World
Cup game is being played, starting after the qualifying rounds. The
specific days and times that the establishment seeks to extend its
hours must be specified on an application submitted to the ABC Board
Secretary as further detailed herein.
[2]
The ABC Bureau of the Hoboken Police Department and the Administration
shall recommend rules and regulations to the ABC Board for adoption
on a yearly basis (in years when the World Cup is held) as determined
to be reasonable based upon the location of the World Cup and the
timing/schedule of the games for that year. These rules and regulations
shall include the specific permissible extended hours for that year
and any further rules or regulations determined to be necessary to
ensure public safety and minimize disruptions during this time.
[3]
Any bars/restaurants with Type 33 alcoholic beverage licenses
which seek to participate in the extended hours must pay a $100 registration
fee and submit an application to the ABC Board Secretary, which will
certify that the establishment is aware of the regulations contained
in this chapter and any further rules or regulations as promulgated
by the ABC Board, and will specify the specific dates and times the
establishment plans to extend its hours.
[4]
Between the hours of 5:00 a.m. and 10:00 a.m., patrons will
only be permitted indoors, and external noise shall be limited to
televisions displaying only the World Cup Soccer tournament. No music
shall be played during this time.
[5]
No queuing or idling is permitted outside of the establishment
between the hours of 5:00 a.m. and 11:00 a.m.
[6]
No outdoor viewing setup shall be permitted.
[7]
Any violation of the herein regulations or any further regulations
promulgated by the ABC Board shall cause the establishment's
permission to extend its hours to be revoked immediately without notice.
(4)
Any other Saturday, between the hours of 3:00 a.m. and 6:00 a.m.;
(5)
Any other Monday, Tuesday, Wednesday, Thursday or Friday, between
the hours of 2:00 a.m. and 6:00 a.m.
B.
No licensee of an establishment that chooses to serve alcoholic beverages
shall permit patrons to enter the premises after 2:00 a.m. in the
morning on Saturday and/or Sunday. The provisions of this subsection
shall not apply to those licensees that choose not to serve alcoholic
beverages after 2:00 a.m. in the morning on Saturday and/or Sunday.
Those licensees that choose to make this election must notify the
City Clerk by August 1 of each year of their election. This election
shall be effective for a one-year period.
C.
A licensee of an establishment that chooses to serve alcoholic beverages
shall impose a closing time of 3:00 a.m. in the morning on Saturday
and/or Sunday and 2:00 a.m. in the morning on all other days. The
provisions of this subsection shall not apply to those licensees that
choose not to serve alcoholic beverages after 2:00 a.m. in the morning
on Saturday and/or Sunday. Those licensees that choose to make this
election must notify the City Clerk by August 1 of each year of their
election. This election shall be effective for a one-year period.
[Amended 12-1-1982 by Ord. No. C-232; 7-2-1986 by Ord. No. V-53; 2-6-1991 by Ord. No. P-125; 9-18-1991 by Ord. No. P-154; 8-12-1992 by Ord. No.
P-188; 10-20-1993 by Ord. No. R-9; 3-15-1995 by Ord. No. R-115; 3-17-2010 by Ord. No. Z-31]
The fees for licenses issued under the provisions of N.J.S.A.
33:1-1 to 33:1-78 shall be as follows:
|
License
|
Fee
|
|
Plenary retail consumption license
|
$2,400 per annum
|
|
Plenary retail distribution license
|
$2,400 per annum
|
|
Club license, including renewal
|
$180 per annum
|
|
Person-to-person transfer
Person-to-person and location
|
$480
|
It shall be unlawful for any person to conduct, within the City
of Hoboken, any store or other place of business catering to public
patronage wherein alcoholic liquors are sold or offered for sale,
for consumption upon such store or other place of business, or to
sell or offer for sale such alcoholic liquors in bottles, packages
or containers to be carried from such store or other place of business,
for consumption or other use elsewhere, if such store or other place
of business shall be used in whole or in part in combination or conjunction
with a business commonly known as a "drugstore," "apothecary" or "pharmacy"
wherein drugs or articles of a medicinal nature are sold, offered
for sale, compounded or dispensed; and no alcoholic liquors shall
be sold or offered for sale or dispensed in a drugstore, apothecary
or pharmacy by a druggist, pharmacist or apothecary or by anyone in
the employ of a druggist, pharmacist or apothecary, other than such
alcoholic liquors as shall be employed or used in compounding with
other nonalcoholic ingredients prescribed by a physician duly licensed
and registered under authority of the laws of the State of New Jersey
on what is commonly known as a "prescription blank."
[Added 4-3-1991 by Ord. No. P-138; amended 4-1-1992 by Ord. No.
P-181; 5-15-1996 by Ord. No. R-187; 12-3-2014 by Ord. No. Z-321; 5-20-2015 by Ord. No. Z-351; 7-5-2017 by Ord. No. Z-509; 9-19-2017 by Ord. No. Z-517]
A.
Except as set forth in Subsection F of this section, no plenary retail consumption license without broad package privileges (License Type 33), except renewals for the same licensed premises and transfers of license from person to person within the same premises, shall be granted or transfer made to other premises within a distance of 500 feet from any other premises then covered by a plenary retail consumption license without broad package privileges (License Type 33). Should a license held by a restaurant be transferred to another location for use as a tavern, the restriction promulgated herein shall apply.
B.
No plenary retail consumption license with broad package privileges
(License Type 32), except renewals for the same licensed premises
and transfers of license from person to person within the same premises,
shall be granted or transfer made to other premises within a distance
of 500 feet from any other premises then covered by a plenary retail
consumption license with broad package privileges (License Type 32).
There shall be no exceptions to this restriction. Should a license
held by a restaurant be transferred to another location for use as
a tavern, the restriction promulgated herein shall apply.
C.
No plenary retail distribution license, except renewals for the same
premises and transfers from person to person, shall be granted or
transfer made to other premises within a distance of 500 feet from
any other premises then covered by a plenary distribution license.
D.
Where the five-hundred-foot distance is referred to in this section,
the same shall be measured by a distance from the center of the entrance
door of an existing tavern to the center of the entrance door of a
proposed licensed premises as measured by walking along the sidewalk
from point to point without any diagonal crossing of streets. If it
is necessary to cross a street, such steps are to be taken at the
lawful crosswalks in a direct manner. The local license issuing authority
may, in its discretion, grant a transfer of an existing license to
the same licensee to other premises within 250 feet of the premises
from which the transfer is made, notwithstanding that the premises
to which the license is so transferred is within 500 feet of an existing
plenary retail consumption licensed premises, and grant transfer of
such license free of such five-hundred-foot limitation herein fixed
in the event of any licensed premises being taken by condemnation
for any municipal, county, state or federal project; provided, nevertheless,
that the new location to which the license is to be transferred under
this exception shall not be located within a distance of 250 feet
of a then-existing location licensed to do business under a like license
as the one being transferred. Said two-hundred-fifty-foot distance
shall be measured in the same manner as herein provided for the measuring
of the five-hundred-foot distance. In the event that any transfer
of a license should be allowed under this exception, then and in that
event no license shall thereafter be transferred to the premises or
any part thereof so vacated by such transfer, nor within a radius
of 250 feet thereof; provided, however, that all other provisions
of this chapter and applicable law relating thereto are complied with.
E.
"Restaurant," as defined in this section, shall mean an establishment
regularly and principally used for the purpose of providing meals
to the public, having an adequate kitchen and dining room equipped
for the preparing, cooking and serving of food for its customers and
in which no other business, except such as is incidental to such establishment,
is conducted and where such premises shall conform to local and state
fire and health codes.
F.
The following are exceptions to the five-hundred-foot rule prohibition set forth in Subsection A above:
(1)
The prohibition shall not apply to the Southern Redevelopment Area as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map."[2] However, in said area, the number of plenary retail consumption
licenses shall be limited to seven.
[2]
Editor's Note: Said map is on file in the office of the City
Clerk.
(2)
The prohibition shall not apply to the area identified as the Central Business District as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, in said area, the number of plenary retail consumption licenses shall be limited to 25.
(3)
The prohibition shall not apply to the Neumann Leathers Redevelopment Area as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, in said area, the number of plenary retail consumption licenses shall be limited to three.
(4)
The prohibition shall not apply to the Western Edge Redevelopment Area as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, in said area, the number of plenary retail consumption licenses shall be limited to 10.
(5)
The prohibition shall not apply to the Southwest Redevelopment Area as defined in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, the total number of plenary retail consumption licenses in said area shall be limited to five.
(6)
The prohibition shall not apply to the portion of Hoboken designated as the Third Ward in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map." However, the total number of plenary retail consumption licenses in said area shall be limited to 15.
(7)
The prohibition shall not apply to the portion of Hoboken designated as the First Ward in the "Hoboken City Code § 68-7 Five-Hundred-Foot Rule Map" that is not included in the Central Business District or the Southern Redevelopment Area, as those terms are defined in subsection F(2) and F(1), respectively, above. However, the total number of plenary retail consumption licenses in said area shall be limited to 10.
[Amended 3-18-2020 by Ord. No. B-251]
(8)
The prohibition shall not apply to any plenary retail consumption
license designated as a theater exception "37" license in the City
of Hoboken.
(9)
The prohibition shall not apply to the portion of Hoboken designated as the Fifth Ward in the "Hoboken City Code § 68-7, Five-Hundred-Foot Rule Map." However, the total number of plenary retail consumption licenses in said area shall be limited to 13.
[Added 3-18-2020 by Ord.
No. B-251]
G.
Any person owning, or under contract or option to purchase, a plenary retail consumption license may petition the City Council for an exception to the rule prohibiting a transfer to be made to other premises within a distance of 500 feet from any other premises then covered by a plenary retail consumption license (as set forth in § 68-7A, above). If the petition is granted, the total number of plenary retail consumption licenses enumerated in Section F shall not change. Such an exception shall require six votes of the Council and only be granted based on the criteria of extraordinary circumstances. The procedure for review of petitions by the Council shall be as follows:
[Amended 9-17-2018 by Ord. No. B-69; 10-3-2018 by Ord. No. B-72]
(1)
The hearing may be held at any regular Council meeting or a special
Council meeting.
(2)
The City Council will act as the trier of fact and sit in a quasi-judicial
capacity, and a member of the Council shall be designated as Chair
of the hearing.
(3)
The petitioner will be consulted as to the date and time of the hearing
and may be represented by an attorney.
(4)
The petitioner may present testimony or other evidence on his or
her behalf.
(5)
The petitioner and all of his or her witnesses shall swear or affirm
to testify truthfully before giving any testimony.
(6)
The petitioner will enter his or her appearance and be sworn in by
the City Clerk. If the applicant is represented by an attorney, the
attorney shall enter his or her appearance and may proceed with an
opening statement.
(7)
The petitioner shall provide the City Clerk in advance of the hearing
with 12 copies of all documentary evidence or exhibits upon which
the petitioner intends to rely or refer to during the hearing. The
petitioner or his or her attorney shall then present the testimony
of the petitioner's witness(es), which may include the petitioner.
(8)
After each witness concludes his or her testimony for the petitioner,
members of the public may then pose questions to the witness related
to the testimony provided by the witness. Each member of the public
shall be limited to a total of five minutes for questions unless otherwise
allowed by the Chair of the meeting. This time shall be limited to
asking questions; members of the public shall not be permitted to
make a statement regarding the petition at this juncture.
(9)
After the members of the public are done asking the witness questions,
the City Council may then pose questions to the witness.
(11)
When all of the petitioner's witnesses have been presented, the administration shall have the right to present evidence that is relevant to the petition. If the administration chooses to rely on documentary evidence or exhibits during the hearing, it must provide the petitioner with a copy of the documentary evidence or exhibits in advance of the hearing as well as copies for the public to review at the hearing. The administration shall also have the right to call witnesses to testify as to the particular facts of the petition. The procedure for each of the petitioner's witnesses as set forth in Subsection G(8) and (9), shall be applicable to any administration witness.
(12)
After all testimony is completed, the Chair shall open the hearing
for public comment. Members of the public may then issue comments
or statements in favor of or opposition to the petition. Each member
of the public shall be limited to a total of five minutes to make
a statement.
(13)
Once the public comment period has concluded, the petitioner or his
or her attorney may then issue a closing statement. The duration of
each witness's testimony elicited by petitioner and the closing statement
will be determined by the Chair, based in large part on the complexity
of the petition and testimony.
(14)
The hearing will be closed after all parties who wish to be heard
on the petition have been heard. The City Council will then deliberate
the matter in public, followed by a motion and vote. The City Council's
decision will be described in detail in a resolution, adopted at either
the same meeting or next scheduled meeting. The City Council may defer
its decision to a subsequent Council meeting; however, a decision
must be rendered at one of the next two regularly scheduled Council
meetings. If the City Council defers its decision to a subsequent
meeting, the petitioner will be notified of the date and time of said
meeting.
H.
Notice.
[Added 10-3-2018 by Ord.
No. B-72]
(1)
Notice of the hearing shall be given at least 15 days prior to the
hearing by the petitioner to the owners of all real property as shown
on the current tax duplicates, located within 200 feet in all directions
of the proposed location that is the subject of the hearing. In addition,
the petitioner shall provide notice of the hearing to all owners of
a plenary retail consumption license without broad package privileges
(License Type 33) as shown on the current tax duplicates that are
located within 500 feet in all directions of the proposed new location
that is the subject of the hearing.
(2)
The notice shall be by regular mail. The notice shall state the date
and time and place of the hearing, the nature of the matter to be
considered, and an identification of the proposed location by street
names and addresses, common names or other identifiable landmarks,
such as lot and block numbers as shown on the current tax duplicate
in the Municipal Tax Assessor's office.
(3)
Notice shall be given to a property owner by serving a copy thereof
on the property owner as shown on the said current tax duplicate,
or his agent in charge of the property, such as the property manager
or registered agent, or any other person authorized by law to accept
service on behalf of the owner.
(4)
The petitioner shall be responsible for all costs of the notice provision.
(5)
The petitioner's failure to provide proper notice to any of the above-referenced
affected property or license owners shall not, de facto, invalidate
the petition, hearing or any action that is taken at the hearing,
such as the approval or denial of the petition, but such a failure
may be considered by the Council as a ground for denial of the petition.
For purposes of this section, placement of the petition on the agenda
shall be considered adequate notice for all parties and affected property
owners.
[1]
Editor's Note: Former § 68-7, Proximity to other
licensed premises; relocation and transfers, added 5-4-1996 by Ord.
No. 267, as amended, was repealed 4-1-1987 by Ord. No. V-94.
For the purposes of this chapter, a "club" shall mean an organization,
corporation or association consisting of 100 or more persons operating
solely for benevolent, charitable, fraternal, social, religious, recreational,
athletic or similar purposes and not for private gain. The term "club
member" shall mean any person in good standing who has been admitted
to membership in the manner regularly prescribed by the bylaws of
a club and who maintains his membership in a bona fide manner, and
whose name and address is entered on the list of membership.
A.
After approval of an application, and before the license is issued,
every plenary retail consumption licensee, agent or other employee
connected with or employed by, or to be connected with or employed
by, the licensee shall make full and complete answers, in writing,
on forms furnished by the Department of Public Safety, to all questions
printed thereon as to the identity, character, antecedents and general
experience of any such licensee, agent or other employee.
B.
If a plenary retail consumption license is granted or transferred,
the Department of Public Safety shall furnish the licensee, agent
or other employees connected with or employed by the licensee an identification
card showing compliance with the provisions of this section. The identification
card issued pursuant thereto shall be on file on the licensed premises
so that it can be submitted upon demand at any time during business
hours. The identification card shall expire on June 30 of each year,
at which time a new identification card shall be issued by the Department
of Public Safety.
C.
No licensee shall engage any agent or employee connected with the
business of the licensee, unless the agent or employee has conformed
to the rules and regulations set forth in this section pertaining
to the particular license involved, and if any new agents or employees
are hired by the licensee, such new agents or employees shall comply
with the regulations pertaining to the license involved, set forth
in this section, before being permitted to work in the licensed premises.
D.
If the applicant for a plenary retail consumption license is a corporation,
all the officers thereof shall comply with the regulations of this
section pertaining to the license involved, and should there be a
replacement or election of new officers during the licensed term,
such replaced or newly elected officers must comply with the requirements
of this section.
A.
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any statute
of the State of New Jersey or of the United States, respecting alcoholic
beverages, or any of the regulations and rules of the Alcoholic Beverage
Control Board of the City of Hoboken or other competent municipal
authority or the State Director of the Division of Alcoholic Beverage
Control, or any City ordinance relating to the licensed premises.
B.
Proceedings for suspension or revocation shall be in accordance with
the provisions of N.J.S.A. 33:1-1 to 1-78 and the rules and regulations
relative thereto promulgated by the State Director of the Division
of Alcoholic Beverage Control and the Alcoholic Beverage Control Authority
of the City of Hoboken.
No licensee, under this chapter, or agent or other employee
connected with or employed by, or to be connected with or employed
by, the licensee shall:
A.
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 of 21 years or allow, permit or suffer the
consumption of alcoholic beverages by any such person on the licensed
premises.
B.
Allow, permit or suffer the licensed premises or the licensed business
to be used in furtherance or aid of, or in connection with, any illegal
activity or enterprise resulting in a conviction in a criminal prosecution.
[Amended 5-16-2018 by Ord. No. B-28]
C.
Allow, permit or suffer in or upon the licensed premises any lewdness,
immoral activity or foul, filthy or obscene language or conduct or
any brawl, act of violence, disturbance or unnecessary noise or allow,
permit or suffer the licensed place of business to be conducted in
such manner as to become a nuisance.
D.
Sell, serve or deliver, or permit or suffer the sale, service or
delivery of, any alcoholic beverage, directly or indirectly, to any
mental defective, habitual drunkard or intoxicated person nor permit
the same to congregate in or about the licensed premises.
E.
Allow, permit or suffer in or upon the licensed premises any lottery
to be conducted, or any ticket or participation right in any lottery
to be sold or offered for sale, or possess, have custody of or allow,
permit or suffer any such ticket or participation right in or upon
the licensed premises. However, this subsection shall not apply to
bingo or raffles or tickets or participation rights therein being
conducted pursuant to appropriate permit under the Bingo Licensing
Law (N.J.S.A. 5:8-24) or the Raffles Licensing Law (N.J.S.A. 5:8-50),
but in any such instance of bingo at licensed premises, the licensee,
during the period between the commencement of the first and the conclusion
of the last game, shall not sell, serve or deliver or allow, permit
or suffer the sale, service, delivery or consumption of any alcoholic
beverage in any room or outdoor area where bingo or any part thereof
is being conducted.
F.
Suffer or permit any bookmaking, gambling or gambling device in,
on or about the licensed premises.
G.
Allow, permit or suffer any dancing exhibition in or on any licensed
premises, or any part of the licensed premises. However, this prohibition
shall not apply to the following:
[Added 6-19-1968 by Ord. No. 311; amended 8-19-1971 by Ord. No.
363]
(1)
Any licensed premises that has adequate kitchen and dining room facilities
and which premises are used for providing and serving food as a principal
part of its business.
(2)
Any club as defined in State Regulation 7, Rule 1, of the Rules and
Regulations of the Division of Alcoholic Beverage Control of the State
of New Jersey.
H.
Exposure of indecent attire of entertainers. No licensee shall engage
in or shall allow, permit or suffer any person to appear on the premises
of any establishment licensed for the same and for distribution of
alcoholic beverages, in any act, scene, sketch or other form of entertainment,
including dancing, for the benefit of patrons with breasts or entire
upper body or the lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered.
[Added 2-17-1993 by Ord.
No. P-216; amended 5-16-2018 by Ord. No. B-28]
I.
Exposure or indecent attire of employees. No licensee shall employ,
allow, permit or suffer any employee who comes in contact with or
is likely to come in contact with the patrons of any establishment
licensed for the sale and distribution of alcoholic beverages to appear
in the presence of such patrons with breasts or entire upper body
or the lower part of the torso uncovered or so thinly covered or draped
so as to appear uncovered.
[Added 2-17-1993 by Ord.
No. P-216; amended 5-16-2018 by Ord. No. B-28]
The license issued hereunder, as well as any and all other licenses
that may be required in the operation of the licensee's business,
shall at all times be conspicuously displayed in the licensed premises,
and the licenses shall at all times be subject to inspection by members
of the Police Department, the License Supervisor and such other local
state or federal officials whose duties may so require.
[Added 10-17-1973 by Ord. No. C-5]
A.
The drinking of alcoholic beverages on the public streets of Hoboken
is hereby prohibited. No person shall serve, sell, dispense, drink
or consume any alcoholic beverage on a public street, highway, avenue,
alley or road of the municipality, or upon any public grounds, parks,
sidewalks, marine basins or in any automobile, vehicle or in any other
means of transportation on said public street, highway, alley, avenue,
sidewalk, park or marine basin in said municipality.
B.
Violation of any provision of this chapter shall be punishable by
one or more of the following:
[Amended 7-13-1988 by Ord. No. P-13]
C.
ALCOHOLIC BEVERAGE
Definition. As used in this chapter, the following terms shall have
the meanings indicated:
Beer, wine, whiskey, gin, cordials, mixed drinks or similar
drinks containing alcohol.
D.
This chapter shall in no way interfere with the authority of the
City Clerk and/or the Alcoholic Beverage Control Board of the City
of Hoboken to issue temporary licenses for the consumption of alcoholic
beverages pursuant to the laws of the State of New Jersey, or where
such alcoholic beverages may be consumed.
[Added 5-18-1994 by Ord. No. R-45; amended 8-17-1994 by Ord. No.
R-60]
A.
All employees that serve alcoholic beverages, including bartenders,
waiters, waitresses and captains, shall be required to take one course
dealing with the dangers of alcohol abuse and to determine how to
detect intoxication. This course shall be administered under the direction
of the Business Administrator, who shall have the authority to select
an outside agency that is expert in the above topics, to conduct such
classes. The cost for such courses shall be paid for by the licensee.
B.
Licensed premises shall not be permitted to hold events in which
alcoholic beverages are not served and which cater to those under
the age of 21; provided, however, that such events may be held if
all alcoholic beverages are removed from view and stored in a locked
cabinet and all signs, banners and advertisements relating to alcoholic
beverages are removed from view.
C.
The Business Administrator is directed to meet with licensed premises
owners to promote a designated driver or Party Smart program whereby
patrons that travel by automobile are to be encouraged to ensure that
a designated driver shall be able to drive the automobile to and from
the licensed premises.
E.
Each licensee shall be required to post in a public place, and plainly
visible to patrons, signs that set forth the penalties for a public
consumption of alcoholic beverages, disturbances of the public peace
and/or indecent exposure. These signs shall be posted at two such
locations at each bar.
[Added 6-29-1994 by Ord. No. R-56; amended 8-17-1994 by Ord. No.
R-61]
This section shall provide an application fee and licensing
requirements for the issuance of identification cards for licensees
and covered employees.
B.
After approval of an application and before the license is issued,
every plenary retail consumption licensee or covered employee shall
provide full and complete answers, in writing, on a form identified
as an alcohol beverage control employee application, furnished by
the Department of Public Safety, to all questions presented thereon
as to identity, character, antecedents and general experience of any
such licensee or covered employee.
C.
The licensee or covered employee shall, along with filing the application,
attach thereto one color passport photograph, two inches by two inches.
Said photograph is not to have been taken more than 30 days prior
to the execution of the application.
D.
The licensee or covered employee shall submit to having his/her fingerprints
taken as a requirement of the application process.
E.
Two separate and distinct forms of identification shall be submitted
by the licensee or covered employee while executing the alcoholic
beverage employee application for review by an appropriate official.
F.
The applicant shall provide a money order or check, payable to the
City of Hoboken, for the sum of $50 to defray the expense of processing
the application. Also, the applicant shall provide a money order or
check to be payable to the New Jersey State Police, Identification
Division, in an amount which shall be the current charge posted by
the New Jersey State Police, Identification Division, for the fingerprint
processing fee for each applicant. The fingerprint processing fee
may be subject to change as the New Jersey State Police, Identification
Division, changes or regulates their fee schedule.
[Amended 10-5-1994 by Ord. No. R-81]
G.
If a plenary retail consumption license is granted or transferred,
the Department of Public Safety shall, upon application of the licensee
or covered employee, issue an identification card showing compliance
with the provisions of this section. The identification card, issued
pursuant thereto, shall be physically located on the licensed premises
so that it can be submitted upon demand at any time during business
hours. The identification card shall remain valid for the remainder
of the calendar year in which it was issued; as well as the next complete
calendar year. It shall expire on the 30th of June of the third calendar
year. The individual holder shall undergo a renewal procedure resulting
in the issuance of a new identification card by the Department of
Public Safety.
H.
The licensee or covered employee, whose primary function is the serving
of alcoholic beverages or the performance of security duties, while
in the exercise of his/her duties on the licensed premises, shall
at all times conspicuously wear the presentation side of the identification
card bearing the individual's first name and identification number.
For purpose of this subsection, a waiter, waitress or other type of
employee whose primary function is the serving of food or performing
of services that does not require the delivery of service of alcoholic
beverages or only incidentally involves the service of alcoholic beverages
while serving a meal shall not be covered by this subsection.
I.
Renewal requirements shall compel the licensee or covered employee in making a formal application to renew his/her permit prior to its expiration on June 30. Renewal, as defined under this section, shall occur prior to the expiration of the applicant's identification card as outlined in Subsection G. The fee of $50 shall be submitted each time a renewal application is introduced.
J.
No licensee shall engage any covered employee connected with the
business of the licensee, unless the covered employee has conformed
to the rules and regulations set forth in this section. If new covered
employees are hired by the licensee, such new covered employees shall
comply with the regulations set forth in this section before being
permitted to work in the licensed premises.
K.
If the applicant for a plenary retail consumption license is a corporation,
all the officers thereof shall comply with the regulations of this
section pertaining to the license involved; and should there be a
replacement or election of new officers during the licensed term,
such replaced or newly elected officers must comply with the requirements
of this section.
L.
All fees received under this section shall be deposited in the City
of Hoboken Law Enforcement Trust Fund.
[Amended 6-4-1997 by Ord. No. R-248; 1-20-1999 by Ord. No. R-368]
M.
Any identification card issued to a covered employee or licensee
under this chapter may be suspended or revoked by the Alcoholic Beverage
Control Board of the City of Hoboken if the covered employee or licensee
engages in any conduct that is deemed to be a violation, or causes
a licensed premises to be in violation of any of the provisions of
this chapter or any statute of the State of New Jersey or the United
States regarding alcoholic beverages, or any of the regulations or
rules of the Alcoholic Beverage Control Board of the City of Hoboken
or other competent municipal authority, the State Director of the
Division of Alcoholic Beverage Control, or any City ordinance relating
to a licensed premises.
[Added 1-7-1998 by Ord. No. R-283]
N.
Any covered employee or licensee whose identification card is subject
to suspension or revocation shall be entitled to a hearing before
the Alcoholic Beverage Control Board of the City of Hoboken.
[Added 1-7-1998 by Ord. No. R-283]
[Added 10-5-1994 by Ord. No. R-81]
In the event that an applicant shall lose his/her bar identification
card, a replacement card may be obtained for a fee of $5, check or
money order.
