City of Summit, NJ
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note: This Chapter 6 has received approval from the State of New Jersey Division of Alcoholic Beverage Control on February 4, 1997.
[New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the City of Summit in accordance with the provisions of an act of Legislature of the State of New Jersey entitled 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.
[New]
For the purpose of this chapter, words and phrases herein shall have the same meaning as in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[New]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the acts, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[New]
All licenses required by this chapter shall be issued by the Common Council, which shall also administer the provisions of this chapter.
[1983 Code Part VI T.1 § 1]
No person shall possess, sell, distribute or transport alcoholic beverages within the City of Summit, except pursuant to the license issued by the Common Council or the State Department of Alcoholic Beverage Control or as otherwise expressly allowed or provided by the Alcoholic Beverage Law being N.J.S.A. 33:1-1 et seq.
[1983 Code Part VI T.1 § 6]
All applications for licenses shall be made on forms prescribed by the State Commissioner of Alcoholic Beverage Control.
[1983 Code Part VI T.1 § 7; Ord. No. 2003 § 3]
All licenses issued by the Common Council under this chapter shall be subject to the terms thereof including inspection by the Code Enforcement Agencies and background investigations by the Police Department and to the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
[1983 Code § 1 Part VI § 2; Ord. No. 1174 § 5; Ord. No. 2003 § 1]
The licenses shall be issued for a period from July 1 of each year to June 30, the following year, both inclusive. The fee for obtaining application forms shall be five ($5.00) dollars, payable to the City Clerk.
[1983 Code Part VI T. 1 §§ 3, 4, 5, 8; Ord. No. 1829, § 1; Ord. No. 1899 § 1; Ord. No. 2003 § 2; Ord. No. 2254 § II; Ord. No. 2272 § 1; Ord. No. 2339 § 3; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
a. 
Annual Fees. The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the City of Summit shall be as follows:
Class of License
Annual License Fee
Maximum Number
Plenary Retail Consumption License
$2,400.00
8 (premises operated as a bona fide restaurant)
Plenary Retail Distribution License
$1,980.00
12
Club License
$180.00
4
b. 
No plenary retail consumption license shall be issued except for premises being operated as a bona fide hotel having one hundred (100) or more rooms equipped for the accommodation of guests, or for premises operated as a bona fide restaurant as hereinafter defined.
1. 
Hotels Containing One Hundred (100) Sleeping Rooms. Nothing in paragraph a of this subsection shall be deemed to prohibit issuance of a new plenary retail consumption license to a person operating a hotel containing at least one hundred (100) bona fide sleeping rooms; provided, however, that any such new plenary retail consumption license shall be issued subject to the condition that the establishment continue in operation as a hotel containing at least one hundred (100) bona fide sleeping rooms, and provided further that such license shall not be renewed or transferred except for premises operated as a hotel containing at least one hundred (100) bona fide sleeping rooms.
2. 
Definition. As used in this chapter:
The term "bona fide restaurant" shall mean an establishment regularly and principally used for the purpose of providing luncheon and dinner 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 (including the furnishing of catering services), is conducted. Except for catering services, there shall be a choice of at least two (2) or more hot meals the major item of which shall consist of meat or fish or both, six (6) or more different kinds of sandwiches and two (2) or more nonalcoholic beverages. Catering services shall receive licenses or permits, as the case may be, from the Licensing Bureau of the Division of Alcoholic Beverage Control.
c. 
Number of Licenses Required. The number of Plenary Retail Consumption licenses issued pursuant to paragraph a for premises operated as a bona fide restaurant shall not exceed eight (8). This limitation shall not apply to a bona fide hotel as described in paragraph b1 herein.
d. 
Restriction on Club Licenses. No club licensee or agent or employee of such licensee shall sell alcoholic beverages to any person other than bona fide members of the club and their guests.
[1983 Code Part VI T.1 § 14; Ord. No. 2003 § 4; amended 11-6-2019 by Ord. No. 19-3201]
a. 
No plenary retail consumption license or plenary retail distribution license (hereinafter known as "licenses" or "license") shall be granted or transferred to or for premises other than where located at the time of the passage of this section (July 15, 1980) except to or for premises located more than 300 feet from premises at which an existing license is located.
b. 
The Common Council, in its discretion, may waive, by resolution, the distance limitation in Subsection a as to the issuance, relocation or transfer of any premises located 300 feet or less from premises at which an existing license is located.
c. 
In the case of a transfer from one premises to another, place-to-place, a hearing shall be held with the time and place to be established by the Common Council. The hearing shall be stenographically recorded with the providing of and paying for same being the responsibility of the applicant.
[1983 Code Part VI T.1 § 15; amended 11-6-2019 by Ord. No. 19-3201]
a. 
If the State of New Jersey permits the sale of alcoholic beverages, including, but not limited to, beer, ale and wine, by retail stores or food service establishments (hereinafter known as "store" or "stores") without the necessity of obtaining a license from the City of Summit, no such store shall be permitted to sell, distribute or serve any such alcoholic beverage unless it is located more than 300 feet from premises at which an existing license is located. Where two or more stores are located within 300 feet of each other and one or more is within 300 feet from premises at which an existing license is located, Common Council, on application, shall decide which, if either or more than one, store shall be permitted to sell, distribute or serve alcoholic beverages at their locations. In making its determination, Common Council shall consider the location of each applicant's premises with respect to schools, churches, residential zones and parks, the condition of the premises in question, the absence of violations of the existing health and building codes, and parking and traffic conditions.
b. 
In the event a store qualifies to sell, distribute or serve alcoholic beverages, not more than 10% of its selling area can be devoted to the sale of alcoholic beverages.
[1983 Code Part VI T.1 § 16; amended 11-6-2019 by Ord. No. 19-3201]
The 300 feet as referred to in Subsections 6-4.1 and 6-4.2 hereof shall be measured by a straight line from the nearest entrance of the existing licensed premises to the nearest entrance of a proposed new location of licensed premises.[1]
[1]
Editor's Note: Letter, Division of Alcoholic Beverage Control, dated July 18, 1980, advises "Attention is directed to Section 16 (recodified as subsection 6-4.3), wherein you state the 1500 foot distance shall be measured by a straight line from the nearest entrance of the existing licensed premises to the nearest entrance of a proposed new location of licensed premises. The Division's determination of a "straight line" is "as the crow flies." N.J.S.A. 33:1-176 (Determination of distance) clearly defines the determination of distances between licensed premises."
[1983 Code Part VI T.1 § 17]
The provisions of subsections 6-4.1, 6-4.2 and 6-4.3 shall not apply to:
a. 
Club and hotel licenses.
b. 
Licenses existing at the time of the passage of these sections.
c. 
Licenses located at premises destroyed by fire or other disaster where the owner of the premises does not rebuild and enter into a lease agreement with licensee.
d. 
Licenses located at premises which are conveyed to a public body for public purposes under condemnation powers or the threat thereof.
[Ord. No. 1804 §§ 1, 2; 1983 Code Part VI T. 1 § 1; Ord. No. 2053 § 1; Ord. No. 2290 § 1; Ord. No. 2339 § 1; Ord. No. 2017-3146]
a. 
Consumption of Alcoholic Beverages on Licensed Premises. Licensees may only sell, serve, deliver, or allow, permit or suffer consumption of any alcoholic beverage upon the licensed premises between the following hours and at no other time:
1. 
Sunday:
Between 9:00 a.m. and 1:00 a.m. of the following day.
2. 
Monday, Tuesday, Wednesday, Thursday, Friday and Saturday:
Between 8:00 a.m. and 1:00 a.m. of the following day.
b. 
Sales of Alcoholic Beverages in its Original Container. Plenary retail distribution licensees may only sell or deliver, or allow, permit or suffer the sale or delivery of any alcoholic beverage in its original container for consumption off the licensed premises, or allow, permit or suffer the removal from licensed premises of any alcoholic beverage in its original or opened container on a Sunday between 12:00 noon and 9:00 p.m. and between 9:00 a.m. and 9:00 p.m. on a weekday and at no other time.
c. 
Sale of Beer or Wine in Original Container for Off-Premises Consumption. Licensees may only sell beer or wine in its original container for consumption off the licensed premises between the hours set forth in paragraph a of this subsection and at no other time.
[Ord. No. 1804 § 1; 1983 Code Part VI T.1 §§ 2, 3; Ord. No. 2053 § 3; Ord. No. 2290 § 2; Ord. No. 2339 § 2]
Provisions of subsection 6-5.1 shall not apply on New Year's Day (January 1).
Plenary retail consumption licensees, on New Year's Day may sell, deliver, or allow, permit or suffer the sale or delivery of any alcoholic beverage or suffer consumption of any alcoholic beverage or upon the licensed premises until 2:00 a.m.
[New]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
[New]
During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed, with the exception of hotels and restaurants, and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee.
[Ord. No. 2339 § 4]
Any person, partnership, association or corporation violating this section shall be punishable, upon conviction thereof, by a fine not exceeding two hundred ($200.00) dollars, or by imprisonment not exceeding ninety (90) days or both, such fine and imprisonment at the discretion of the Court.
[1983 Code Part VI T.1 § 9; New]
Any license issued pursuant to this chapter may be suspended or revoked for violation of any of the provisions of this chapter, the Alcoholic Beverage Law or Alcoholic Beverage Tax Act or any of the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five (5) day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[New]
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
[N.J.S.A. 33:1-81]
It shall be unlawful for:
a. 
A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her, any alcoholic beverage; or
b. 
A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverages, or
c. 
Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.
d. 
Violations. Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than one hundred ($100.00) dollars. In addition, the Court shall suspend the person's license to operate a motor vehicle for six (6) months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six (6) months beginning on the date he becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the Court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.