[Adopted 9-6-1950 as Ord.
No. C-424]
This article is for the purpose of regulating the sale and transportation
of alcoholic beverages in the City of Perth Amboy in accordance with
the provisions of Title 33 of the Revised Statutes of New Jersey,[1] its supplements and amendments, and in accordance with
the rules and regulations from time to time issued and promulgated
by the Director of the Division of Alcoholic Beverage Control applicable
thereto.
[1]
Editor’s Note: See N.J.S.A. 33:1-1 et seq.
All applications for licenses under this article and all licenses
issued thereunder and proceedings in connection therewith shall be
subject to the provisions of the aforesaid Title 33 and the said rules
and regulations issued and promulgated by the said Director of the
Division of Alcoholic Beverage Control applicable thereto, and shall
be subject to any other statutes of New Jersey or of the United States
now existing or hereafter enacted affecting the subject of this article.
The Council of the City of Perth Amboy, being the governing
body of the City, shall constitute the authority for the issuance
and administration of all licenses under this article and shall make
such reports to the Director of the Division of Alcoholic Beverage
Control as may be required by statute or the rules and regulations
promulgated by the said Director.
It shall be unlawful to sell or distribute alcoholic beverages
in the City of Perth Amboy without a license previously applied for
and duly granted pursuant to the provisions of the said Title 33.
[Amended 2-1-1983 by Ord.
No. 316-83; 12-1-1992 by Ord. No. 649-92; 4-25-2011 by Ord. No. 1552-2011]
A.
The fee for a plenary retail consumption license shall be one thousand
four hundred$1,472 for the year 2011; $1,766 for the year 2012; $2,120
for the year 2013 and $2,500 for the year 2014 and every year thereafter.
[Amended 4-5-1994 by Ord.
No. 714-94; 7-2-1996 by Ord. No. 847-96]
B.
The fee for a plenary retail distribution license shall be $1,368
for the year 2011; $1,641 for the year 2012; $1,970 for the year 2013;
$2,364 for the year 2014 and $2,500 for the year 2015 and for every
year thereafter.
[Amended 4-5-1994 by Ord.
No. 714-94; 7-2-1996 by Ord. No. 847-96]
C.
The fee for a club license shall be the sum of $188 for the year
2011 and for every year thereafter.
The City of Perth Amboy shall not issue any seasonal retail
consumption license or any limited distribution license.
A.
The number of licenses shall be limited as follows, except as otherwise
provided by N.J.S.A. Title 33:
[Amended 9-16-1959 by Ord. No. C-625; 5-20-1975 by Ord. No. 73-75; 10-20-1992 by Ord. No. 641-92; 12-1-1992 by Ord. No. 650-92]
(1)
No new plenary retail consumption license shall be issued unless
and until the total number of such licenses existing in the City of
Perth Amboy is fewer than one for each 3,000 residents of the City
of Perth Amboy as disclosed by the last federal census.
(2)
No new plenary retail distribution license shall be issued unless
and until the total number of such licenses existing in the City of
Perth Amboy is fewer than one for each 7,500 residents of the City
of Perth Amboy as disclosed by the last federal census.
(3)
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 12, except that in the event that 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.
B.
The provisions of this section shall not prevent the renewal of existing
licenses by the holders of any plenary retail consumption or plenary
retail distribution licenses.
[Amended 6-16-1954 by Ord. No. C-504; 9-20-1961 by Ord. No. C-673; 6-4-1964 by Ord. No. C-732; 10-5-1982 by Ord. No. 295-82; 12-1-1992 by Ord. No. 650-92]
No new plenary retail consumption license or plenary retail
distribution license shall be hereafter issued, nor shall a place-to-place
transfer of a license be granted, to any person, corporation or group
of persons under the following circumstances:
A.
For the sale of alcoholic beverages within 200 feet of any church
or public schoolhouse or private schoolhouse not conducted for pecuniary
profit, said distance being measured in the normal way that a pedestrian
would properly walk from the nearest entrance of said church or school
to the nearest entrance of the premises sought to be licensed, and
in accordance with N.J.S.A. 33:1-76; provided, however, that the foregoing
provision shall not prevent the future renewal or person-to-person
transfer of any plenary retail consumption license or plenary retail
distribution license which is in existence at the time of the final
adoption of this amendment.[1]
[1]
Editor's Note: "This amendment" refers to Ord. No. 650-92,
adopted 12-1-1992.
B.
For the sale of alcoholic beverages within 750 feet of another premises
holding either of said licenses, said distance being measured in the
normal way that a pedestrian would probably walk from the nearest
entrance from one premises to the other.
[Amended 2-26-2003 by Ord. No. 1191-2003; 4-24-2013 by Ord. No. 1676-2013]
(1)
For the period July 1, 2019, through December 31, 2019, inclusive,
the 750-foot rule required by this ordinance, limited to plenary retail
consumption licenses (#32), shall be reduced to 200 feet for any transfer
of an existing license to an establishment qualifying as a permitted
use to be located within a business or commercial zone. In order to
qualify for this exemption, a fully completed transfer application
must be filed with the City Clerk and approved by the governing body
prior to December 31, 2019, even if the actual transfer and transaction
are completed thereafter. In all other respects, this exemption automatically
expires on January 1, 2020.
[Amended 6-26-2019 by Ord. No. 1911-2019]
(2)
The 750-foot rule required by City ordinance shall not apply in the
instance of a place-to-place transfer of a liquor license to premises
located within the boundaries of the Downtown Family Restaurant and
Entertainment District ("District") created by ordinance and which
district is more particularly identified on the map annexed hereto
as Attachment A. Attachment A referred to herein may be found at the
end of this chapter.
(3)
This exception will apply only to plenary consumption license transfers
relocating by place to place within the Downtown Family Restaurant
and Entertainment District and where:
(a)
The establishment shall accept the restriction that it shall
operate as a restaurant as defined in N.J.S.A. 33:1-1(t), shall be
properly licensed to prepare, cook and serve food and shall derive
at least 51% of its gross revenues from the sale of food and/or nonalcoholic
beverages.
(b)
The establishment must have a minimum capacity of at least 30
dining customers in its main dining room. Establishments with a capacity
of at least 30 to 99 dining customers in its main dining room may
have not more than 9 seats in its main service bar area. Establishments
that have a capacity of 100 dining customers or more in their main
dining area may have seats in the main service bar area equaling a
maximum of 10% of the number of seats in its main dining area.
(c)
The establishment is explicitly prohibited from selling packaged
goods.
(d)
The establishment may have dancing or live entertainment if
properly licensed for it, but in no case shall go-go or discotheque
clubs be permitted.
(e)
In establishments that have dancing, the dance floor shall not
exceed 240 square feet.
(f)
Hours of operation will be 2 hours less than the current rules
and regulations of Alcoholic Beverage Control Ordinance.
(g)
As a precondition to consideration of any place-to-place transfer
in the District, the licensee shall have obtained all of the necessary
permits to operate at the proposed location, including, but not limited
to, zoning permits and certificate of occupancy.
[Added 9-13-2000 by Ord.
No. 1046-2000]
Attend an information session with a representative from the
City Public Works Department, the City Clerk's office, City Code
Enforcement and the City Police Department. This information session
shall provide the applicant with a firm understanding of their duties
and responsibilities as a liquor license holder.
A.
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverages, or permit
consumption of alcoholic beverages on the licensed premises, on New
Year's Day, when it is a weekday, between the hours of 4:00 a.m.
and 7:00 a.m.; on New Year's Day, when it is a Sunday, between
the hours of 3:00 a.m. and 12:00 noon; on other Mondays through Saturdays,
between the hours of 2:00 a.m. and 7:00 a.m.; and other Sundays, between
the hours of 2:00 a.m. and 12:00 noon, except that the holder of a
plenary retail distribution license may sell packaged goods for off-premises
consumption commencing at 9:00 a.m. on Sundays. During the hours that
sales are hereinabove prohibited, the entire licensed premises shall
also be closed, but this closing of premises requirement shall not
apply to clubs, to hotels or to restaurants, as defined in N.J.S.A.
33:1-1t. With respect to each hour above mentioned as the time when
sale, service, delivery and consumption shall cease, there shall be
an additional 15 minutes in which patrons shall depart the premises.
Thereafter, the licensee and/or his employees shall have a right to
remain on the licensed premises for purposes connected with the business.
This right to remain on the premises shall not have any time limitations.
[Amended 11-8-1972 by Ord. No. 8-72; 1-20-1976 by Ord. No. 88-76; 8-4-1987 by Ord. No. 437-87; 6-10-2009 by Ord. No. 1470-2009; 7-10-13 by Ord. No. 1688-2013]
B.
No licensee shall sell or deliver, or allow, permit or suffer the
sale or delivery of, any alcoholic beverage in original containers
for consumption off the licensed premises on Sunday or before 9:00
a.m. or after 10:00 p.m. on a weekday.
No plenary retail consumption or distribution license shall
be hereafter issued for the sale of alcoholic beverages in any room,
store or other premises having a floor space of less than 400 square
feet; provided, however, that the foregoing provision shall not apply
to any licensee who acquired his license prior to and has kept the
same continuously since September 19, 1934.
The sale of alcoholic beverages to persons in any back room
or side room which is not open to general public use is prohibited,
except that in hotels guests may be served in their rooms or in private
or public dining rooms, and provided further that this prohibition
shall not apply to club licenses.
[Amended 9-12-2001 by Ord. No. 1115-2001]
No licensee shall sell, serve or deliver, or allow, permit or
suffer the sale, service or delivery of, any alcoholic beverages,
directly or indirectly, to any person under the age of 21 years or
to any person actually or apparently intoxicated or to any mentally
defective person or habitual drunkards; nor shall any licensee allow,
permit or suffer the consumption of alcoholic beverages by any such
person upon the licensed premises.
[Amended 9-12-2001 by Ord. No. 1115-2001]
B.
It shall be unlawful for any person to purchase or attempt to purchase
alcoholic beverages for a minor, and it shall likewise be unlawful
for any person to induce or attempt to induce any licensee or any
employee of a licensee to sell, serve or deliver alcoholic beverages
to a minor.
C.
It shall be unlawful for any minor to misrepresent or misstate his
age for the purpose of inducing any licensee or any employee of a
licensee to sell, serve or deliver any alcoholic beverage to him.
A.
It shall be unlawful for any person, except an officer or other person
authorized by and acting pursuant to the instructions of such officer,
so doing in the course of and for the purpose of enforcing the provisions
of N.J.S.A. 33:1-1 et seq., the rules and regulations of the Director
of the Division of Alcoholic Beverage Control or this article, to
knowingly purchase, receive or procure any illicit alcoholic beverage.
B.
It shall be unlawful for any person to knowingly possess, have custody
of, offer for sale or sell any illicit alcoholic beverage.
[Amended 6-1-71 by Ord. No. C-891]
Upon request of any holder of a plenary retail consumption license,
the Police Department of the City of Perth Amboy shall cause a photograph
and fingerprints to be taken of anyone acting or about to act in the
occupation of bartender, which Department shall provide said license
holder with any relevant information concerning said bartender.
[Added 9-24-2014 by Ord.
No. 1740-2014]
Upon request of any holder of a plenary retail consumption license,
the Police Department of the City of Perth Amboy shall enforce that
all establishments require all security officers or security service
companies that employ a security officer, inside or outside of their
establishment, shall be required to carry a New Jersey State Certification
"S.O.R.A."
Upon employment by the licensed establishment:
A.
The security officer shall possess a New Jersey State S.O.R.A. Certification.
The licensed establishment shall maintain a copy of each certification.
While employed by the licensed establishment, except for a City
of Perth Amboy Police Officer working an off-duty assignment, the
security officer at no time will be permitted to possess or carry
any of the following items:
B.
All licensed establishments in the City of Perth Amboy that employ
the services of a security officer(s) will ensure that every officer
will wear a yellow polo style shirt with a collar that must be visible
to the general public, Law Enforcement, Fire Department, City, county
or state inspectors. The shirt must have the word SECURITY on the
front left breast and on the back of the shirt in three-inch block
letters in black and the word SECURITY in black in the center of the
shirt. If a coat or jacket is worn, the outer most garment must be
labeled the same as the polo shirt.
[Amended 12-21-1976 by Ord. No. 121-76]
Any person or group of persons or any person responsible for
the acts of any firm, corporation or club who shall violate any provision
of this article shall be punishable, upon conviction, by imprisonment
not exceeding 90 days or by a fine not exceeding $500, or by both
such fine and imprisonment, in the discretion of the court.
[Added 9-8-1999 by Ord.
No. 999-99]
The Mayor or the Council of the City of Perth Amboy have the
authority to schedule meetings, at their discretion, of all liquor
license holders. These meetings are mandatory and must be attended
by anyone holding plenary retail consumption license and/or plenary
retail distribution license.
It is unlawful for any person under the legal age who, without
legal authority, knowingly possesses or knowingly consumes an alcoholic
beverage on private property. Violation of this ordinance shall be
punishable by a fine of $250 for a first offense and$350 for any subsequent
offense. In addition to the fine authorized for this offense, the
court may suspend or postpone for six months the driving privilege
of the defendant. Upon the conviction of any person and the suspension
or postponement of that person's driver's license, the court
shall forward a report to the Division of Motor Vehicles stating the
first and last day of the suspension or postponement period imposed
by the court. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
If a person at the time of the imposition of sentence has a
valid driver's license issued by this state, the court shall
immediately collect the license and forward it to the division along
with the report. If for any reason the license cannot be collected,
the court shall include in the report the complete name, address,
date of birth, eye color, and sex of the person, as well as the first
and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40.
If the person convicted is not a New Jersey resident, the court
shall suspend or postpone, as appropriate, the nonresident driving
privilege of the person based on the age of the person and submit
to the division the required report. The court shall not collect the
license of a nonresident convicted under this section but shall furnish
a report to the division who shall notify the appropriate officials.
This ordinance does not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
[Added 9-28-2005 by Ord.
No. 1306-2005]
In accordance with N.J.S.A. 40:48-2.40 et seq., the City is authorized to acquire and retire retail consumption licenses in excess of the limitation, as set forth in § 137-7A(1), by contracts of purchase with licensees and permits an increase in the annual license fee for retail consumption licenses in an amount of not more than $200 over and above the maximum fee permitted by law to provide revenue for the acquisition and retirement of such licenses. The proper City Officials are hereby authorized to enter into contracts of purchase with licensees. In the event that there shall be no requests for retirement of licenses, then these funds may be used, as required, for legal fees incurred in connection with alcoholic beverage licensing matters.
[Added 6-13-2007 by Ord.
No. 1393-2007]
In order to recoup the costs and fees incurred in or arising
out of the institution and holding of a disciplinary hearing held
pursuant to N.J.S.A. 33:1-31, the City shall have the authority, to
impose upon a licensee who, as a result of a disciplinary hearing,
is found to have violated any of the Alcoholic Beverage Ordinances
of the City or Alcoholic Beverage Control Laws and Regulations of
the state, or who, after the hearing, and prosecution of the charges.
After a determination of liability or settlement, the City Administrator
shall recommend and the Council will determine the costs and fees
and shall inform the licensee in writing the amount assessed and the
basis for the calculation of the fees and costs assessed. If the licensee
contests the amount of the fees, the licensee shall, within 10 business
days of receipt of the assessment and calculation of costs and fee,
submit written objections to the assessment or the amount. The Council
shall then make a final determination on the assessment of the fees
and costs. The licensee's right to appeal from the finding of
liability for violations, and/or the assessment of fees and costs,
if any, shall commence upon the final determination of the Council
as to the assessment of fess and costs. If the parties resolve the
charges by settlement agreement after the commencement of a hearing,
the parties may provide in the agreement for payment of a specified
amount of costs and fees.
