Borough of Milford, NJ Article I Licensing and Control

[Adopted 7-6-1970 as Ch. 7 of the Revised General Ordinances]

§ 49-1 Purpose.

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Milford in accordance with the provisions of an act of the Legislature of the State of New Jersey titled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.

§ 49-2 Definitions.

[Amended 4-24-1989 by Ord. No. 521-89]

A. As used in this article and except as may be otherwise provided herein, words and phrases shall have the meanings set forth in N.J.S.A. 33:1-1 et seq. and in the rules and regulations of the Director of the Division of Alcoholic Beverage Control.

B. Except as may otherwise be provided herein, the following term shall have the meaning indicated:

LICENSED PREMISES

Any facility licensed as herein provided for the plenary retail consumption of alcoholic beverages.

§ 49-3 Applicability of other provisions.

All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in the previous section and all other applicable laws of the State of New Jersey or of the United States.

§ 49-4 Issuing authority.

All licenses required by this article shall be issued by the governing body, which shall also administer the provisions of this article.

§ 49-5 License required.

No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the Act referred to in § 49-1[1] and the provisions of this article.

[1] Editor's Note: See N.J.S.A. 33:1-1 et seq.

§ 49-6 License fees; maximum number.

[Amended 4-1-1971 by Ord. No. 214; 5-2-1977 by Ord. No. 224-77; 5-1-1978 by Ord. No. 233-78; 6-2-1980 by Ord. No. 250-80; 12-1-1980 by Ord. No. 256-80; Ord. No. 284-83]

A. The annual license fees shall be as prescribed in Chapter 10, Fees, of this Code, and the maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:

[Amended 10-5-2015 by Ord. No. 837-2015]

	Class of License	Maximum Number of Licenses
	Plenary retail consumption	2
	Plenary retail distribution
	Club	2

B. The provision of this section concerning the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.

§ 49-7 Hours of sale.

[Amended 5-1-1978 by Ord. No. 234-78; Ord. No. 280-83; Ord. No. 291-84; 4-24-1989 by Ord. No. 521-89; 6-5-1989 by Ord. No. 522-89; 8-3-1992 by Ord. No. 562-92; 12-19-2011 by Ord. No. 789-2011; 9-8-2020 by Ord. No. 915-2020]

A. Licensed premises:

(1) Except as hereinafter set forth, no alcoholic beverages shall be sold, served, consumed or delivered to any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m.

(2) Saturdays. Notwithstanding anything herein to the contrary, a licensed premises may permit the sale, service, consumption and delivery of alcoholic beverages from 7:00 a.m. on Saturday until 2:00 a.m. the following Sunday.

(3) Sundays. No licensed premises shall sell or serve or permit the sale, service, consumption or delivery of alcoholic beverages between the hours of:

(a) 2:00 a.m. on Sunday morning until 9:00 a.m. Sunday morning; and

(b) 2:00 a.m. on Monday until 7:00 a.m. on Monday.

(4) New Year's Eve and Day. Notwithstanding anything contained herein to the contrary, the Common Council may, be resolution, on the application of an individual licensee, permit the sale, service and consumption of alcoholic beverages on New Year's Eve (December 31) from 7:00 a.m., when December 31 falls on a day other than a Sunday, or from 12:00 noon, when December 31 falls on a Sunday, to 4:30 a.m. on New Year's Day (January 1).

B. Retail distribution and sale of packaged goods:

(1) The holder of any plenary retail distribution license may sell or offer for sale, in original containers for off-premises consumption, alcoholic beverages between the hours of 9:00 a.m. and 10:00 p.m.

(2) The owner/operator of any licensed premises may, in addition to the foregoing, sell or offer for sale, in original containers for off-premises consumption, wine and malt alcoholic beverages during those hours in which the sale of alcoholic beverages is permitted pursuant to this article.

§ 49-8 Access to premises.

No person shall be served alcoholic beverages in any room which is not open to the public.

§ 49-9 View of premises.

All licensed premises shall be located so that an adult of average size can, on inspection from the exterior, view the interior of the premises.

§ 49-10 Suspension or revocation of licenses.

Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control. Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-1 et seq. by service of a five-day notice of charges proffered against the licensee and affording a reasonable opportunity for a hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the statutes referred to. Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.