This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the City of Sea Isle City 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.
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.
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[1976 Code § 3-6; New; Ord. No. 1431 § XXXI]
All licenses required by this chapter shall be issued by Governing Body, which shall also administer the provisions of this chapter.
Upon filing application, all license fees shall be paid in full, or a prorated fee in the event application is made during the fiscal year, to the City Clerk and all such receipts shall be turned over by the Clerk when and as received to the Chief Financial Officer.
The City Clerk is hereby designated as the proper person to sign all the licenses in behalf of the Governing Body.
No person shall sell or distribute alcoholic beverages within the City without obtaining a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter.
[1976 Code §§ 3-1, 3-3, 3-4; Ord. No. 591 § 1; Ord. No. 618 § 2; Ord. No. 668 § 1; Ord. No. 688 § 1; Ord. No. 1221 § I; Ord. No. 1227 § I; Ord. No. 1459 (2009) § I; Ord. No. 1468 (2009) § IV]
The annual fees of licenses for the sale or distribution of alcoholic beverages and the number of licenses in the City shall be as follows:
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued. The license fees shall be payable in accordance with the New Jersey Statutes Annotated and Rules and Regulations Promulgated by the Commissioner of Alcoholic Beverage Control.
[1976 Code §§ 3-1, 3-2]
The licensing authority of the City may issue an alcoholic beverage plenary retail consumption license to any person who may hereafter construct, establish and operate a hotel or motel containing at least 50 bona fide sleeping rooms; provided however, that such a license issued pursuant hereto is conditioned upon continued operation of such establishment or structure as a hotel or motel containing at least 50 bona fide sleeping rooms; and, provided further, that each such bona fide sleeping room have private bath and toilet facilities connected therewith as a unit; and, provided further, that there shall be a restaurant or coffee shop in, on and upon the hotel or motel premises and a physical part thereof; and, provided further, that such hotel or motel aforesaid shall include in, on and upon the premises, as part of the physical structure thereof, the operation of a cafe or cocktail lounge, but nothing herein contained shall permit the operation of a night club having floor shows or other organized entertainment; and, provided further, that the sale of alcoholic beverages for off-premises consumption is hereby prohibited; and, provided further, that there shall be no renewal or transfer of such license except for or to premises operated as a hotel or motel containing at least 50 bona fide sleeping rooms and otherwise complying with the requirements of this subsection; and, provided further, that a minimum of 10% of the bona fide sleeping rooms are available and suitable for use and occupancy throughout the entire calendar year.
[1976 Code § 3-5]
No seasonal retail consumption license nor limited retail distribution license may be issued in this City.
[1976 Code §§ 3-8, 3-9; Ord. No. 718 § 1; Ord. No. 1445 § 1; Ord. No. 1454 § 1]
No licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or permit the consumption of any alcoholic beverages on licensed premises on weekdays or Saturday between the hours of 2:30 a.m. and 7:00 a.m. Furthermore, no licensee shall sell or deliver beer kegs on weekdays and Saturday between the hours of 10:00 p.m. and 7:00 a.m.
[1976 Code § 3-8, 3-9; Ord. No. 718 § 1; Ord. No. 1445 § 1; Ord. No. 1454 § 1; Ord. No. 1520 (2012) § 1]
The provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or permit the consumption of any alcoholic beverages on licensed premises between the hours of 2:30 a.m. and 10:00 a.m. Furthermore, no licensee shall sell or deliver beer kegs on Sunday between the hours of 12:01 a.m. to 10:00 a.m. and 10:00 p.m. to 11:59 p.m.
[1976 Code § 3-10; Ord. No. 1445 § 1; Ord. No. 1454 § 1; Ord. No. 1520 (2012) § 2]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 7:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 4:00 a.m. and 10:00 a.m. Furthermore, the sale and delivery of beer kegs on New Year's Day shall be prohibited between the hours of 12:01 a.m. to 7:00 a.m. and 10:00 p.m. to 11:59 p.m. on weekdays and Saturday, and between the hours of 12:01 a.m. to 10:00 a.m. and 10:00 p.m. to 11:59 p.m. on Sunday.
[Ord. No. 908 § 1; Ord. No. 1378 § I; Ord. No. 1485 (2010) § I; Ord. No. 1514 (2012) § 1; Ord. No. 1520 (2012) § 3; Ord. No. 1526 (2012) § 1; Ord. No. 1534 (2012)]
The outdoor sales of alcoholic beverages shall be permitted to commence at 10:00 a.m., Monday through Saturday, and, on Sunday, at 10:00 a.m. The outdoor sales of alcoholic beverages shall cease and the outdoor sales facilities shall close by 11:00 p.m., every day of the week. No outdoor sales of alcoholic beverages may be permitted at other times. Sale of alcoholic beverages within a fully enclosed area shall not be subject to outside sales regulations.
A fully enclosed area shall be defined as an area completely surrounded by a permanent structure with walls of a minimum of six feet in height, which may have removable sections, to allow openness during the time allowed for outside alcohol sales which must be attached to the permanent structure to close off the area after the close of outdoor sales hours. No fully enclosed area which is not covered by a permanent roof shall exceed 50% of the licensed square footage of a fully enclosed structure which is covered by a permanent roof. For a fully enclosed area to remain open to patrons after outdoor sale of alcohol hours, it shall conform to requirements of all windows, doors, and removable sections placed in said area shall be closed by 11:00 p.m. and remain closed until closing. The fully enclosed area without a roof shall be accessible only through the licensed establishment's fully enclosed structure which is covered by a permanent roof.
Such areas must comply with all applicable City codes, including, but not limited to, building and fire codes, and shall function to prevent patrons from leaving the area with an alcoholic beverage. Any enclosed area that does not strictly meet these requirements shall be considered an outdoor area and shall adhere to hours of operation applicable to outside alcohol sales.
A vestibule shall be defined as a passage, room or hall with permanent walls and roof between the exterior and the interior building consisting of two sets of doors, an inner door and an outer door. A vestibule shall be required between a fully enclosed structure which is not covered by a permanent roof and the main building which provides access to the fully enclosed structure.
The purpose of the vestibule shall be to contain patron flow and noise emanating from the fully enclosed structure into the fully enclosed area. Acceptance of the type of vestibule by the Construction Official and/or Planning/Zoning Boards shall be guided by the effectiveness of the vestibule to contain said noise.
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.
[1976 Code §§ 3-8, 3-9, 3-10; Ord. No. 718 § 1]
During the hours between 3:00 a.m. and 7:00 a.m. any weekday and Saturday and between 3:00 a.m. and 12:00 noon on Sunday, on New Year's Day when it falls on a weekday between 4:00 a.m. and 7:00 a.m. and on New Year's Day when it falls on Sunday between 4:00 a.m. and 12:00 noon, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee.
[1976 Code § 3-11]
The provisions of subsections 6-4.1 and 6-4.4 shall apply to all licensees; however, the provisions concerning persons being prohibited from entering into or remaining upon any licensed premises shall only apply to the bar rooms of bona fide restaurants, hotels and clubs licensed pursuant to Section 33:1-12(5) of the Revised Statutes.
[1976 Code § 3-12; Ord. No. 1378 § II; Ord. No. 1514 (2012) § 2]
No licensee shall allow, permit, or suffer in the interior portion of the licensed premises, or any part thereof, any music, dancing or entertainment from the time sales are required to stop until the hour established hereby when sales may be resumed.
No licensee shall allow, permit, or suffer on the exterior portion of the licensed premises, or any part thereof, any music, dancing or entertainment except between the hours of 11:00 a.m. and 9:00 p.m. weekdays, Saturdays and Sundays. The only exception is soft music, which shall be permitted to 11:00 p.m. Soft music shall mean music when played produces a relaxing peaceful ambiance and shall not include live or disc jockey entertainment or music.
[1976 Code § 3-13]
All illuminated signs, or parts thereof, pertaining to or advertising the sale or place of sale of alcoholic beverages, by whatever name, manner, designation or description, shall be extinguished between the hours that sales are required to stop until the hour sales may be resumed. This applies to signs and parts of signs located in, on and off the licensed premises and includes signs located anywhere within the territorial limits of the City. This regulation shall not prevent the advertising of hotels and restaurants; provided that the prohibition regarding alcoholic beverages is obeyed.
[1976 Code § 3-14]
During the periods of time when customers and other persons are prohibited by this chapter from being within licensed premises, or parts thereof, the interior lighting shall be decreased; provided, that the licensee shall determine what interior lighting may be considered necessary for protection of life and property and for such purposes as safety may require in the judgment of the licensee.
[1976 Code § 3-15]
During all hours and times when sales are prohibited by this chapter, the interior of said licensed premises shall not be completely shut off from a view therein from outside the licensed premises. Blinds, shades, curtains and other devices shall be so arranged in order that inspection of the interior may be accomplished from without the premises.
[1976 Code § 3-16; Ord. No. 1309 § I]
No licensed premises shall be located within 100 feet on the land side of any boardwalk or Promenade extending along the Atlantic Ocean.
No licensed premises shall be located within 1,000 feet from any church or religious establishment.
No licensed premises shall be located within 1,000 feet from any other licensed premises.
Any licensed premises in violation of this subsection before the date of adoption will be deemed in accordance with the subsection and will be grandfathered in.
[1976 Code § 3-17; Ord. No. 589 § 1; Ord. No. 630 § 1]
All establishments in the City selling and/or distributing alcoholic beverages shall post signs next to all exits which are plainly visible with a minimum of two inch lettering stating "Notice: Under Ordinances of the City of Sea Isle City, it is unlawful to consume alcoholic beverages in any public place."
Any establishment failing to maintain and post the aforedescribed sign for a continuous period of not less than two hours shall be subject, upon conviction, to a fine of not less than $50 nor more than $500 for a first offense. For a second offense within 30 days, the establishment, upon conviction shall be subject to a fine of not less than $200 nor more than $500.
The Municipal Court shall have jurisdiction over this offense.
No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age.
It shall be unlawful for a person under the legal age 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.
It shall be unlawful for a person under the legal age 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 or her any alcoholic beverage.
It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee to sell, serve or deliver any alcoholic beverage to a person under the legal age.
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 and in accordance with N.J.S.A. 33:1-81, shall be punished by a fine of not less than $100. In addition, the Court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six 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.
[1976 Code § 3-7; New]
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter 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. 33:1-31 by service of a five-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.
In disciplinary proceedings brought pursuant to the Alcoholic Beverage Law, it shall be sufficient, in order to establish the guilt of the licensee, to show that the violation was committed by an agent, servant or employee of the licensee. The fact that the licensee did not participate in the violation or that his agent, servant or employee acted contrary to instructions given to him by the licensee or that the violation did not occur in the licensee's presence shall constitute no defense to the charges preferred in such disciplinary proceedings.