[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 173.
[Adopted 12-9-1949 by Ord. No. 7]
[Amended 9-9-1963 by Ord. No. 86; 7-9-1973 by Ord. No. 172]
Not more than six club licenses shall be issued and outstanding
at the same time in the Borough of Buena, County of Atlantic and State
of New Jersey.
[Amended 7-11-1966 by Ord. No. 111; 10-26-1970 by Ord. No. 141; 3-8-1976 by Ord. No. 206; 5-8-1978 by Ord. No. 240; 5-5-2003 by Ord. No.
500]
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage or allow consumption
of any alcoholic beverage upon the licensed premises on New Year's
Day, between the hours of 5:00 a.m. and 7:00 a.m., and on every other
day of the year between the hours of 2:00 a.m. and 7:00 a.m. Further,
no licensee shall permit any person to be within the licensed premises
between the closing hours above set forth, except for the licensee
if he is an individual, a partner if the licensee is a partnership,
or a managing principal if the licensee is a corporation, or except
for those employees of the licensee who have worked until the closing
hour above set forth and who are present for the purpose of cleaning
or helping to close the licensed premises.
No licensee shall allow, permit or suffer in or upon the licensed
premises any criminals, gangsters, racketeers, pickpockets, swindlers,
confidence men, prostitutes, female impersonators or other persons
of ill repute.
No licensee shall allow, permit or suffer in or upon the licensed
premises any disturbance, lewdness, immoral activities, brawls or
unnecessary noises or allow, permit or suffer the licensed place of
business to be conducted in such manner as to become a nuisance.[1]
[1]
Editor's Note: Original Section 6, which section immediately
followed this section and prescribed penalties for violations of this
chapter, was repealed 1-12-1987 by Ord. No. 329.
[Added 5-8-1978 by Ord. No. 240]
No licensee shall allow a minor on the licensed premises unless
the licensee also serves food and conducts a restaurant on said premises,
and then such minor shall only be allowed thereon when accompanied
by an adult during hours when food is actually served.
[Added 7-11-1966 by Ord. No. 111]
Sales to minors or to intoxicated persons are prohibited.
[Added 7-11-1966 by Ord. No. 111]
[Added 7-11-1966 by Ord. No. 111]
Applications for licenses shall set forth the name in which
the license is to be held.
A.
If the applicant is a corporation, the application shall set forth
the officers and directors of the corporation, with their names and
addresses, and the stockholders of the corporation, with their names
and addresses.
B.
Any change in officers, directors or stockholders shall void the
license unless approval of such change is first obtained from the
Council.
[Added 7-11-1966 by Ord. No. 111]
The license shall be exhibited in a prominent place in the public
part of the premises, and the names of the licensees shall be displayed
publicly and prominently on the outside of the premises.
[Added 7-11-1966 by Ord. No. 111; amended at time of adoption
of Code]
Application for the license shall set forth the premises intended
to be used.
[Added 7-11-1966 by Ord. No. 111]
Prostitution, gambling and other unlawful conduct shall be prohibited
on the premises.
[Added 7-11-1966 by Ord. No. 111; amended 1-12-1987 by Ord. No.
329]
In addition to any other penalties prescribed by law for violations
of this article, violators shall be subject to the additional penalty
of suspension or revocation of the license.
[Added 7-11-1966 by Ord. No. 111]
Any license issued shall be valid only for the specified premises
set forth therein.
[Added 7-11-1966 by Ord. No. 111]
No transfer of license to one with a criminal conviction shall
be allowed nor shall a transfer to a corporate license be allowed
where any officer, director or stockholder has a criminal conviction
on his record.
[Adopted 11-13-1978 by Ord. No. 245]
As used in this article, the following terms shall have the
meanings indicated:
Any fluid, or solid capable of being converted into a fluid,
suitable for human consumption and having an alcoholic content of
more than 1/2% by volume, including beer, ale, still and sparkling
wines, distilled liquors, blended liquors, fermented fruit juices
or any brewed, fermented or distilled liquors fit for use for human
consumption or any mixture of the same. For purposes of this article,
it shall be presumed that any container labeled as containing an "alcoholic
beverage" contains said beverage with the amount of alcohol, by volume,
marked on the label, without the necessity of chemically analyzing
the contents.
It shall be unlawful for any person to consume or offer to another
for consumption any alcoholic beverage in or upon any public street,
road, alley, sidewalk, railroad right-of-way, parking lot which is
generally open to the public, outdoor facility owned or operated by
the Buena Regional Board of Education, park or shopping plaza or upon
any place to which the public at large is generally invited.
It shall be unlawful for any person to possess any alcoholic
beverage in or upon any public street, road, alley, sidewalk, railroad
right-of-way, parking lot which is open to the public, outdoor facility
owned or operated by the Buena Regional Board of Education, park or
shopping plaza or upon any place to which the public at large is generally
invited unless the same is contained within a sealed or closed container.
No person shall consume or offer to another for consumption
any alcoholic beverage in the Borough of Buena while in or upon any
motor vehicle or bicycle on any of the public streets, sidewalks,
parking lots which are open to the public at large, whether publicly
or privately owned, or upon any of the roadways, passways, playgrounds,
outdoor facilities owned or operated by the Buena Regional Board of
Education, parks, shopping plazas or other thoroughfares open to general
vehicular traffic in the Borough of Buena.
The provisions of this article shall not apply to the possession
or consumption of alcoholic beverages pursuant to a special permit
issued by the Council of the Borough of Buena when the person possessing
or consuming an alcoholic beverage is doing so in accordance with
the terms and conditions of said permit and at the location authorized
by said permit.
Nothing herein contained shall be construed to prohibit the
consumption, possession or sale of alcoholic beverages on premises
which are duly licensed, pursuant to a retail consumption, retail
distribution, retail transit, wholesale or club license issued by
the governing body of the Borough of Buena or by the Division of Alcoholic
Beverage Control of the State of New Jersey.
Upon adoption of this article, the holders of all liquor licenses
issued by the Borough of Buena or by the State of New Jersey, with
places of business in the Borough of Buena, shall be required to post
a sign, in a conspicuous place, advising patrons, customers or other
persons legally on the premises of the existence of this article.
Such sign shall be provided free of charge to each licensee by the
Borough of Buena Department of Public Safety.
[Amended 1-12-1987 by Ord. No. 329]
