[State law reference: As to power to issue license, see N.J.S.A.
33:1-19. As to alcoholic beverages generally, see N.J.S.A. 33:1-1
et seq.]
[R.O. 1957, 3:1-1]
The Council shall constitute the authority for the administration
of licenses under this chapter. All applications for licenses shall
be made upon forms promulgated by the State Director of the Division
of Alcoholic Beverage Control and shall be filed with the Clerk.
The State rules, regulations and appendix thereto of the Division
of Alcoholic Beverage Control promulgated by the State Director relating
to this chapter are hereby adopted and by this reference made a part
of this Code with the same force and effect as though set out in full
herein. At least three (3) copies of such rules, regulations and appendix
thereto are on file and open to public inspection and use in the office
of the Clerk.
[R.O. 1957, 3:1-2]
No person shall possess, sell, distribute or transport alcoholic
beverages within the City, except pursuant to and within the terms
of a license issued by the Council or the State Department of Alcoholic
Beverage Control or as otherwise expressly allowed by the Alcoholic
Beverage Law, N.J.S.A. 33:1-1 et seq.
[R.O. 1957, 3:1-4, as amended Aug. 5, 1968 and Nov. 16, 1970][1]
(a)
Not more than eighteen (18) plenary retail consumption licenses,
nor more than fifteen (15) plenary retail distribution licenses shall
be outstanding at the same time and nothing in this chapter shall
affect the right of any holder of such retail licenses heretofore
acquired to hold, use or renew such licenses.[2]
(b)
Nothing in this chapter shall be deemed to prohibit five (5) additional
plenary retail consumption licenses, provided such licenses shall
be subject to the following limitations and conditions:
(1)
The principal and primary business of the licensee shall be
that of a "restaurant" as defined in N.J.S.A. 33:1-1(t), but no new
plenary retail consumption license shall be issued for operation of
an establishment known as a soda fountain, luncheonette, or milk bar:
(2)
The licensee shall maintain and shall continue to maintain for
operation under the license a restaurant providing for a seating capacity
at all times of at least one hundred ten (110) persons at tables at
one time; provided, however, that ten percent (10%) of the seating
capacity may be served at a bar;
(3)
The licensed premises shall not be held out to the public as
a "bar," "tavern," "cocktail lounge," or the like, but only as a restaurant,
although advertisements may state that alcoholic beverages may be
served; and,
(4)
Alcoholic beverages may be dispensed only if the customer ordering
the same has been proferred a bona fide meal, which may be evidenced
by supplying the customer with a menu or otherwise indicating to the
customer that such bona fide meals are available to the customer for
his order. In addition, persons waiting for tables, or for other customers,
may be served alcoholic beverages at the bar permitted by this section,
or in the waiting area.
(c)
Nothing in this chapter shall prevent the renewal of any licenses
outstanding upon the adoption of this chapter or the transfer of such
licenses and the renewal of licenses which have been transferred.
[1]
State law reference: As to definition of restaurant, see N.J.S.A. 33:1-1(t). As to limitation on number of new retail licenses, see N.J.S.A. 33:1-12.14. As to right to continue to hold, use and renew existing licenses, see N.J.S.A. 33:1-12.35. Editor's note: See also Section 4:1-36, Reduction, acquisition and retirement of alcoholic beverage retail consumption licenses.
[R.O. 1957, 3:1-3; amended by MC 1972-9, § 1, March
20, 1972; MC 1993-33, October 4, 1993; MC 1995-06, March 6, 1995;
MC 1997-09, June 16, 1997; MC 2001-24, May 21, 2001; MC 2004-15, May
17, 2004; MC 2006-34, October 5, 2006; MC 2011-03, April 11, 2011][1]
The license fees for the period of July 1 to June 30 of the
year following shall be as follows:
[R.O. 1957, 3:1-5, as amended June 21, 1965; MC-1971-6, § 1,
August 2, 1971]
(a)
Consumption licensed premises may be open from:
(1)
On Monday, Tuesday, Wednesday, and Thursday, 8:00 A.M. to 1:00
A.M. of the following day;
(2)
On Friday and Saturday, 8:00 A.M. to 2:00 A.M. of the following
day;
(3)
On Sunday, 1:00 P.M. to 1:00 A.M. of the following day;
(4)
On December 31, 8:00 A.M. to 5:00 A.M. of the following day;
(5)
On December 31, when that date is a Sunday, from 1:00 P.M. to
5:00 A.M.
(b)
No licensee shall sell or deliver, or allow the sale or delivery
of any alcoholic beverages at retail in its original container for
consumption off the licensed premises, or allow, permit or suffer
the removal of any alcoholic beverage in its original or opened container
from the retail licensed premises on Sunday, or before 9:00 A.M. or
after 10:00 P.M. on any other day of the week.
However, the sale of malt alcoholic beverage in original bottle
or can containers for consumption off the licensed premises is permitted
on the same days and during the same hours as the sale of alcoholic
beverages for consumption on the licensed premises is permitted.
[1]
State law reference: As to limitation of hours for sale and
delivery at retail of alcoholic beverages in the original containers
for off premises consumption, see State Regulation No. 38 of the Division
of Alcoholic Beverage Control.
[R.O. 1957, 3:1-4, as amended May 6, 1968]
(a)
Plenary retail consumption licenses may be granted to the bona fide
hotels or motels containing at least one hundred (100) guest sleeping
rooms.
(b)
Licenses to such establishments shall be issued on renewal on the
condition that the premises for which they are issued shall either
continue to be operated as a bona fide hotel or motel, or shall be
so operated when construction on a new hotel or motel is completed.
(c)
The foregoing licenses shall only be transferred to other premises
which meet the same requirements.
[1]
State law reference: As to alcoholic licenses for hotels and
motels, see N.J.S.A. 33:1-12; 33:1-12.20; 33:1-12.25 and 33:1-12.26.
[R.O. 1957, 3:1-4; MC 1997-18, December 1, 1997]
(a)
Not more than one (1) plenary retail consumption license shall be
issued to any person.
(b)
No limited retail distribution licenses shall be issued to any person.
(c)
The number of club licenses for the sale and immediate consumption
of alcoholic beverages on such licensed premises in the City shall
be limited to five (5), except that in the event any current club
license holder does not renew said license or has said license revoked,
the maximum number of club licenses permitted shall be reduced commensurately,
and no new club licenses shall be issued. Transfers of club licenses
shall not be permitted.
[R.O. 1957, 3:1-4]
(a)
The provisions of this chapter shall not prevent the issuance of
a new license to a prior licensee within one (1) year from the completion
of his active service in the armed forces of the United States, if
he held a license of the same class, and surrendered the license or
permitted it to expire because of his induction into the service in
such armed forces.
(b)
Any license issued pursuant to this section shall be deemed to increase
permanently the maximum number of licenses allowable under this chapter
to the end that if any license now outstanding is surrendered, revoked
or not renewed and the total number of licenses issued is reduced
to a maximum allowed under this chapter, such maximum shall not thereafter
be exceeded.
[1]
State law reference: As to issuance of license after military
discharge, see N.J.S.A. 33:1-12.19.
(a)
All licenses issued under this chapter shall be subject to, and issued
in accordance with the provisions of N.J.S.A. 33:1-1 et seq. The State
law shall govern the term, prorated fee, restrictions, extension,
transfer and all matters dealing with the license in question.[1]
[1]
State law reference: As to licenses; restrictions; extensions;
transfers; prorated fees; appeals to State Director; employment regulations,
see N.J.S.A. 33:1-25.
(b)
All applicants for a license under this chapter shall meet the qualifications
and standards of the State law.[2]
[2]
State law reference: As to qualification of applicants, applications,
deposit of fee, notice of application, see N.J.S.A. 33:1-25 and rules
and regulations of Division of Alcoholic Beverage Control Appendix
— (2) Issuance of Municipal Licenses. As to removal of disqualification
to hold license because of conviction of crime, see N.J.S.A. 33:1-31.2.
If any person affected or who might be affected by any limitation
of the number of licenses or the hours between which sales of alcoholic
beverages at retail may be made shall consider himself aggrieved thereby,
he may appeal to the State Director of the Division of Alcoholic Beverage
Control in respects thereto, as may be provided by law.
[1]
State law reference: As to appeal from limitation of number
of retail licenses or hours of sale, see N.J.S.A. 33:1-41.
[R.O. 1957, 3:1-6]
(a)
During hours when sales of alcoholic beverages are prohibited, the
entire licensed premises shall be closed. All persons, except the
licensee and the bona fide employees of the licensee, shall be excluded
from the premises.
(b)
Drug stores and bona fide hotels, restaurants or clubs may remain
open during hours when sales of alcoholic beverages are prohibited
for purposes other than the sale, service, delivery or consumption
of alcoholic beverages.
[R.O. 1957, 3:1-9]
No person shall purchase for, sell to, serve, give or deliver
any alcoholic beverage to a minor.
[R.O. 1957, 3:1-10, 11]
(a)
No minor shall induce any person to purchase for him or to have served,
delivered or make a gift to him of any alcoholic beverage.
(b)
No person shall misrepresent or misstate his age or the age of any
other person for the purpose of inducing a licensee, agent or employee
of a licensee, to sell, serve, deliver or make a gift of any alcoholic
beverage to a minor.
[R.O. 1957, 3:1-11]
[R.O. 1957, 3:1-11]
(a)
The establishment of all of the following facts shall constitute
a defense to any prosecution for sales of alcoholic beverages to a
minor:
(1)
The minor falsely represented in writing that he was twenty-one
(21) years of age or over;
(2)
The appearance of the minor was such that an ordinary prudent
person would believe him to be twenty-one (21) years of age or over;
and,
(3)
The sale was made in good faith relying upon such written representation
and appearance and in the reasonable belief that the minor was actually
twenty-one (21) years of age or over.
[1]
State law reference: As to defenses to prosecution for sale
to minors, see N.J.S.A. 33:1-77.
[R.O. 1957, 3:1-14]
Any licensee, or agent or employee of such licensee, may sell,
serve or deliver or allow the sale, service or delivery or allow the
consumption of alcoholic beverages upon licensed premises on a municipal,
primary, general or special election day.
[R.O. 1957, 3:1-16]
No licensee, or agent or employee of such licensee, shall sell,
serve or deliver or allow the sale, service or delivery of alcoholic
beverages to any policeman or fireman in uniform, or partially clothed
in the official uniform.
[R.O. 1957, 3:1-17]
(a)
No club licensee, or agent or employee of such licensee, shall sell
alcoholic beverages to persons other than bona fide members of the
club and their guests.
(b)
Each club shall maintain a "guest book" listing each day, all such
members and guests as they attend, failure to have all guests and
sponsors listed at a given time is a violation.
[R.O. 1957, 3:1-18]
No person shall solicit from house to house, personally or by
telephone, the purchase of alcoholic beverages, or allow, permit or
suffer such solicitations.
[R.O. 1957, 3:1-20]
No licensee shall during business hours, allow, permit, or suffer
in or upon the licensed premises any disturbances, lewdness, immoral
activities, brawls, unnecessary noises, unlawful acts or unlawful
trespasses, so as interfere with the free and uninterrupted use of
such licensed premises by others lawfully there.[1]
[R.O. 1957, 3:1-21]
No licensee shall engage in or allow, permit or suffer any unlawful
game or gambling of any kind, or any device or apparatus designed
for such purpose, on or about the licensed premises.
[R.O. 1957, 3:1-22]
No licensee shall possess, allow or suffer on or about the licensed
premises any slot machine or device in the nature of a slot machine
which may be used for the purpose of playing for money or other valuable
thing.
(a)
No licensee shall engage in or allow, permit or suffer in or upon
the licensed premises the conduct of any lottery, or any ticket or
participation right in any lottery to be sold or offered for sale.
(b)
No licensee shall possess, have custody of, or allow permit or suffer
any such ticket or participation right in or upon the licensed premises.
(c)
This Section shall not apply to bingo and raffles, or tickets of
participation rights therein, being conducted pursuant to appropriate
license under the Bingo Licensing Law (N.J.S.A. 5:8-24 et seq.), the
Raffles Licensing Law (N.J.S.A. 5:8-50 et seq.) or the New Jersey
State Lottery.
(d)
No licensee shall 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 at the licensed premises during the period between the commencement
of the first and the conclusion of the last game.
[1]
State law reference: As to conduct of licensee and use of
licensed premises, see State Regulation No. 20 (Rule 6) of the Division
of Alcoholic Beverage Control.
[R.O. 1957, 3:1-23, as amended June 21, 1965]
No person shall be served in a side room or back room which
is not open to the public generally; provided, however, that this
section shall not apply to hotels, restaurants, or bona fide clubs.
[R.O. 1957, 3:1-12, as amended June 21, 1965]
(a)
No person under the age of twenty-one (21) years shall be allowed
to frequent or remain in any room used or devoted to the sale, service
or consumption of alcoholic beverages, unless accompanied by an adult
member of his family or guardian.
(b)
This provision shall not apply to bona fide restaurants or to guest
rooms in private and public dining rooms in hotels.
[R.O. 1957, 3:1-27, adopted June 21, 1965; MC 1975-8, adopted
May 19, 1975; MC 2017-30, September 11, 2017]
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 alcoholic 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 submit to having his/her fingerprints
taken as a requirement of the application process.
(d)
Two (2) 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 the licensing bureau.
(e)
The applicant shall provide a money order or check, payable to the
City of Plainfield, for the sum of Fifty Dollars ($50.00) 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.
(f)
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.
(g)
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.
(h)
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. The fee of Fifty Dollars ($50.00) shall be submitted each time
a renewal application is introduced.
(i)
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.
(j)
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.
(k)
All applications and fees received under this section shall be received
and processed in the office of the City Clerk and deposited into the
general fund.
(l)
Any identification card issued to a covered employee or licensee
under this chapter may be suspended or revoked by the Governing Body/Alcoholic
Beverage Control Board of the City of Plainfield 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 Plainfield
or other competent municipal authority, the State Director of the
Division of Alcoholic Beverage Control, or any City ordinance relating
to a licensed premises.
(m)
Any covered employee or licensee whose identification card is subject
to suspension or revocation shall be entitled to a hearing before
the Governing Body/Alcoholic Beverage Control Board of the City of
Plainfield.
(n)
In the event that an applicant shall lose his/her bar identification
card, a replacement card may be obtained for a fee of Ten Dollars
($10.00) check or money order.
[R.O. 1957, 3:1-25]
Every licensee shall display his license and Federal Tax Stamp
conspicuously on the licensed premises.
(a)
No license shall be issued for the sale of alcoholic beverages within
two hundred (200) feet of any church or public schoolhouse or private
schoolhouse not conducted for pecuniary profit.
(b)
Such two hundred (200) feet shall be measured in the normal way that
a pedestrian would properly walk from the nearest entrance of such
church or school to the nearest entrance of the premises sought to
be licensed.
(c)
The provisions of this section may be waived at the issuance of the
license and at each renewal thereafter, by the Council on authority
of such church or school. Such waiver to be effective until the date
of the next renewal of the license.
(d)
The provisions of this section shall not apply to:
(1)
Manufacturers, wholesalers, hotels, clubs and fraternal organizations
which owned or were actually in possession of the licensed premises
on December 6, 1933.
(2)
The renewal of any license where no such church or schoolhouse
was located within two hundred (200) feet of the licensed premises
as aforesaid at the time of the issuance of the license.
(3)
The issuance or renewal or both, of any such license where such
premises have been heretofore licensed for the sale of alcoholic beverages
or intoxicating liquors and such church or schoolhouse was constructed
or established or both, during the time such premises were operated
under such previous license.
(4)
The provisions of this section are for the benefit not of property
but of persons attendant therein.
[1]
State law reference: As to sales within two hundred feet of
church or school, see N.J.S.A. 33:1-76.
[R.O. 1957, 3:1-26]
Any license issued by the Council may be suspended or revoked
by the Council for any of the following causes:
(a)
Violation of any of the provisions or sections of this chapter.
(b)
Manufacture, transportation, distribution or sale of alcoholic beverages
in a manner or to an extent not permitted by the license or by law.
(c)
Nonpayment of any excise tax or other payment required by law to
be paid to the State Tax Commissioner.
(d)
Failure to comply with any of the provisions of subtitle 8 of the
Title Taxation (N.J.S.A. 54:41-1 et seq.)
(e)
Failure to have at all times a valid, unrevoked permit license or
special tax stamp, or other indicia of payment, of all fees, taxes,
penalties and payments required by any law of the United States.
(f)
Failure to have at all times proper stamps or other proper evidence
of payment of any tax required to be paid by any law of the United
States.
(g)
Cessation of United States citizenship or New Jersey residence.
(h)
Fraud, misrepresentation, false statements, misleading statements,
evasions or suppression of material facts in the securing of a license.
(i)
Any violation of the provisions and sections of the State Alcoholic
Beverage Law or the State Beverage Tax Act or any of the rules and
regulations promulgated or to be promulgated by the State Director
of the Division of the Alcoholic Beverage Control.
(j)
Any violation of any ordinance, resolution or regulation of Council.
(k)
Any other act or happening, occurring after the time or making of
an application for a license which if it had occurred before said
time would have prevented the issuance of the license; or,
(l)
For any other cause designated by this chapter.
[1]
State law reference: As to grounds for suspension or revocation
of license, see N.J.S.A. 33:1-31; As to cessation of United States
citizenship or New Jersey residence and as to fraud, misrepresentation,
false and misleading statements in securing a license, see N.J.S.A.
33:1-25.
(a)
No suspension or revocation of license shall be made until a five
(5) day notice of the charges preferred against the licensee shall
have been given to him personally or by mailing the same by registered
mail addressed to him at the licensed premises and a reasonable opportunity
to be heard thereon afforded to him.
(b)
A suspension or revocation of license shall be effected by a notice
in writing of such suspension or revocation, designating the effective
date thereof, and in case of suspension, the term of such suspension
which notice may be served upon the licensee personally or by mailing
the same by registered mail addressed to him at the licensed premises.
Such suspension or revocation shall apply to the licensee and to the
licensed premises.
(c)
A revocation shall render the licensee and the officers, directors
and each owner, directly or indirectly, of more than ten percent (10%)
of the stock of a corporate licensee ineligible to hold or receive
any other license, of any kind or class under this chapter, for a
period of two (2) years from the effective date of such revocation
and a second revocation shall render the licensee and the officers,
directors and each owner, directly or indirectly, of more than ten
percent (10%) of the stock of a corporate licensee ineligible to hold
or receive any such license at any time thereafter.
(d)
Any revocation may, in the discretion of Council, render the licensed
premises ineligible to become the subject of any further license,
of any kind or class under this chapter, during a period of two (2)
years from the effective date of revocation.
(e)
The State Regulations promulgated by the State Director of the Division
of Alcoholic Beverage Control relating to appeals shall apply hereunder.
[1]
State law reference: As to procedure for suspension or revocation
of license and effect of revocation, see N.J.S.A. 33:1-31, regulation
15.
(a)
In the event of any suspension or revocation of any license by Council,
the licensee may, within thirty (30) days after the date of service
or of mailing of said notice of suspension or of revocation, appeal
to the State Director of A.B.C. for the action of Council in suspending
or revoking such license which appeal shall act as a stay of such
suspension or revocation pending the determination thereof unless
the Director shall otherwise order.
(b)
When any person files with Council written complaint against a licensee
specifying charges and requesting that proceedings be instituted to
revoke or suspend such license, he may appeal to the Director from
Council's refusal to revoke or suspend such license or other
action taken by it in connection therewith within thirty (30) days
from the time of service upon or mailing of notice to him of such
refusal or action.
(c)
The Director shall thereupon fix a time for the hearing of the appeal
and before hearing the same shall give at least five (5) days notice
of the time so fixed to such licensee, Council and appellant.
[1]
State law reference: As to appeal to State Director from suspension
or revocation of license, see N.J.S.A. 33:1-31.
(a)
If Council shall refuse to issue any license, or if Council shall
refuse to extend said license for a limited time not exceeding its
term, to the executor or administrator of a deceased licensee, or
to such person who shall be appointed by the courts having jurisdiction,
in the event of the incompetency of any licensee, the applicant shall
be notified forthwith of such refusal by a notice served personally
upon the applicant, or sent to him by registered mail addressed to
him at the address stated in the application.
(b)
Such applicant may within thirty (30) days after the date of service
or of mailing of such notice, appeal to the State Director from the
action of the Council.
(c)
If the Council shall issue a license, or grant an extension of said
license for a limited time not exceeding its term, to the executor
or administrator of a deceased licensee, or to such person who shall
be appointed by the courts having jurisdiction, in the event of the
incompetency of any licensee, any taxpayer or other aggrieved person
opposing the issuance of such license may within thirty (30) days
after the issuance of such license, appeal to such Director from the
action of Council.
(d)
Such Director shall fix a time for the hearing of the appeal and
before hearing the same, shall give at least five (5) days notice
of the time so fixed to such applicant, such taxpayer or other aggrieved
person and Council.
(e)
Where an appeal is taken from the denial of an application for renewal
of a license, such Director, may in his discretion, issue an order
upon the respondent City to show cause why the term of the license
should not be extended pending the determination of the appeal, together
with ad interim relief extending the term of the license pending the
return of the order to show cause.
(f)
If it shall appear upon the return of the order to show cause that
the action of the Council is prima facie erroneous and that irreparable
injury to the appellant would otherwise result, such Director may,
subject to such conditions as he may impose, order that the term of
the license be extended pending a final determination of the appeal.
(g)
The State Regulations promulgated by the State Director of the Division
of Alcoholic Beverage Control relating to appeals shall apply hereunder.
[1]
State law reference: As to appeals to the State Director,
see N.J.S.A. 33:1-22.
(a)
No refund, except as expressly permitted by State law shall be made
of any portion of a license fee after issuance of a license; but if
any licensee, except a seasonal retail consumption licensee, shall
voluntarily surrender his license, there shall be returned to him,
after deducting as a surrender fee fifty percent (50%) of the license
fee paid by him, the prorated fee for the unexpired term, provided
that such licensee shall not have committed any violation under the
State Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq., or any rule
or regulation pertaining thereto, or of this chapter or of any rule
or regulation or done anything which in the fair discretion of Council
should bar or preclude such licensee from making claim for refund
and that all taxes and other setoffs or counterclaims which shall
have accrued and shall have become due and payable to this State or
the City, or both, have been paid.
(b)
Such refund if any shall be made as of the date of such surrender.
(c)
The surrender of a license shall not bar proceedings to revoke such
license.
(d)
The refusal of the Council to grant any refund hereunder shall be
subject to appeal to the Director within thirty (30) days after notice
of such refusal is mailed to or served upon the licensee.
(e)
Surrenders of retail licenses shall be promptly certified by Council
to the Director.
(f)
Surrender fees shall be accounted for as are investigation fees.
(g)
If any licensee to whom a refund shall become due under the provisions
of this section shall be indebted to the State of New Jersey for any
taxes, penalties or interest by virtue of the provisions of Subtitle
8 of the Title Taxation (N.J.S.A. 54:41-1 et seq.), it shall be the
duty of the Council before making any such refund, upon receipt of
a certificate of the State Tax Commissioner evidencing the indebtedness
to the State of New Jersey, to deduct therefrom, and to remit forthwith
to the State Tax Commissioner the amount of such taxes, penalties
and interest.
[1]
State law reference: As to refund of fees, surrender of licenses
and appeals therefrom, see N.J.S.A. 33:1-31.
[MC 2014-21, September 8, 2014]
Any person violating any provision or any Section of this chapter or any rule or regulation pursuant thereto shall upon conviction be subject to pay a fine not less than Fifty Dollars ($50.00) and not more than Two Hundred Fifty Dollars ($250.00) in addition to the provisions of Section 4:1-31 of this chapter relating to suspension or revocation of license. Any persons, establishment, or corporation found engaging in the selling of alcoholic beverages without a valid and approved license consistent with the provision of Title 33 of the Annotated Statutes of New Jersey, shall be subject to pay a fine not less than Two Thousand Five Hundred Dollars ($2,500.00) first offense; Three Thousand Five Hundred Dollars ($3,500.00) second offense; and Five Thousand Dollars ($5,000.00) third offense.
[MC 2001-37, §§ 1-3, December 3, 2001]
(a)
The City of Plainfield through its Corporation Counsel is hereby
authorized to enter into contracts to purchase with licensees to reduce
the number of alcoholic beverage retail consumption licenses in excess
of the statutory limitations pursuant to N.J.S.A. 40:48-2.40 in an
amount not greater than Thirty Thousand Dollars ($30,000.00) and provided
no such contract shall result in the reduction of the number of retail
plenary license fewer than one (1) for each three thousand (3,000)
of the municipality's population, and no license so acquired
pursuant to this section shall be reissued to any applicant.
(b)
The basis of said contract entered into with licensees for the purchases
of such alcoholic beverage retail consumption licenses shall be subject
to those conditions and approval by the Plainfield Municipal Council
which it deems to be in the best interest of the municipality.
(c)
The Municipal Clerk of the City of Plainfield is hereby authorized
to increase the annual fees for all retail consumption licenses in
the municipality in an amount approved by the Plainfield Municipal
Council which shall be no more than Two Hundred Dollars ($200.00)
over and above the maximum fees in accordance with R.S. 33:1-12 which
increase shall continue in force for each licensed year until the
total revenue derived from such additional fees in all years shall
equal the total amount expended by the municipality to acquire and
retire licenses pursuant to contract authorized by this section.
