[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Bloomingdale in accordance
with the provisions of an Act of Legislature of the State of New Jersey
entitled "An Act Concerning Alcoholic Beverages" (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, the 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 license, 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 of the United States.
[1966 Code § 4-2]
No license shall be issued except after written application
presented by the proposed licensee in such form and after such notice
as required by "An Act Concerning Alcoholic Beverages" (Chapter 436
of the Laws of 1933), and its supplements and amendments and this
chapter.
[1966 Code § 4-3; Ord. No. 4-89]
All licenses which may be issued shall come under the following
classes:
a.
Plenary retail consumption licenses entitling the holder to sell
for consumption on the licensed premises any alcoholic beverage by
the glass or other open receptacle and also to sell all alcoholic
beverages in original containers for consumption off the licensed
premises.
b.
Plenary retail distribution licenses entitling the holder to sell
any alcoholic beverages for consumption off the licensed premises
but only in original containers.
c.
Club license.
[1966 Code § 4-3; Ord. No. 11-77; Ord. No. 4-89; Ord. No. 9-94; Ord. No.
13-2013 § 3]
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License Fees
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,229.03
|
8
|
|
Plenary Retail Distribution License
|
$1,485.28
|
2
|
|
Club License
|
$188.00
|
1
|
a.
The limitations imposed hereby shall be subject in all respects to
the laws of the State of New Jersey regarding the sale of alcoholic
beverages.
[1966 Code § 4-2.1; Ord. No. 20-94]
All licensing fees required hereunder shall be paid at the time
of filing a written application by cashier's check, certified
check, money order or cash.
[1966 Code § 4-1; New]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
The Municipal Clerk is authorized and empowered to issue licenses
for the sale and distribution of alcoholic beverages in the Borough
after the license shall have been approved by the Borough Council.
[New]
No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1966 Code § 4-4B; Ord. No. 1-74]
No licensee shall sell, serve or deliver or allow, or permit
the sale, service or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on a licensed premises on
weekdays between 3:00 a.m. and 7:00 a.m. of the following weekday
morning.
The above mentioned hours shall be construed to mean Eastern
Standard Time or Eastern Daylight Savings Time, whichever time shall
be in effect within the Borough of Bloomingdale.
[1966 Code § 4-4B; Ord. No. 1-74]
No licensee shall sell, serve, deliver or allow, or permit the
sale, service and delivery or consumption of any alcoholic beverage
on a Sunday between the hours of 3:00 a.m. and 11:00 a.m.
[1966 Code § 4-4C]
Licensees shall be permitted to sell, serve, deliver or allow,
or permit the sale, service or delivery of any alcoholic beverage
or allow the consumption of any alcoholic beverage upon the licensed
premises on Christmas Day and New Year's Day of each year at
all hours.
[1966 Code § 4-4N; Ord. No. 3-89; Ord. No. 11-2006 § 1; Ord. No. 20-2013]
No license shall be issued and no transfer of a previously existing
license shall be granted from its present location to a newly constructed
or heretofore unlicensed premises unless the premises to which the
transferee desires to have the license issued or transferred shall
be at least 1,000 feet from any other presently established licensed
premises. Additionally, in reviewing any place-to-place transfer application
to a new location which is at least 1,000 feet from any presently
licensed premises, the governing body may take into account an appropriate
and harmonious distribution of licenses throughout the Borough. If
it determines that such proposed new location would create a geographic
disbalance, it may, in the exercise of its sound discretion, deny
such place-to-place transfer application.
a.
Waiver of Requirements. The distance requirements from licensed premises
as contained in this subsection may be waived by the Mayor and Council
of the Borough upon application to it by any licensee holding a Class
C license for the sale of alcoholic beverages, after public hearing
on such application. Notice of such public hearing shall be published
by the applicant in the official newspaper of the Borough at least
14 days prior to the scheduled public hearing. The licensee shall
have the burden of proof to establish good cause for the Mayor and
Council to waive strict compliance and application of the minimum
distance requirements. The Mayor and Council may waive the requirements
based upon a majority vote of the governing body and shall set forth
its reasons to waive the distance requirements in a written resolution
made available for public inspection.
b.
This section and all requirements or restrictions herein shall not
apply to plenary retail consumption licenses.
[1966 Code § 4-4J; 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.
[1966 Code § 4-4D; Ord. No. 1-74; New]
During the hours that the sales of alcoholic beverages are prohibited,
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. All dance halls in which or adjoining
which alcoholic beverages are sold shall observe the same closing
hours as set forth.
[1966 Code §§ 4-4F, M]
All licenses granted hereunder shall be displayed conspicuously
in the licensed premises. A copy of this chapter must be displayed
conspicuously in the licensed premises.
[1966 Code § 4-4G; Ord. No. 11-77]
The right to serve, sell or in any manner engage in the actual
dispensing of alcoholic beverages shall be limited to those persons
over the age of 18 years.
[1966 Code §§ 4-6, 4-7]
a.
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 and Regulations of the
State's Director of Alcoholic Beverage Control.
b.
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 charge against
the licensee and affording a reasonable opportunity for a hearing
before the Borough Council.
c.
Suspension
or revocation of a license shall be in addition to any other penalty
which may be imposed for a violation of the provisions of this chapter.
d.
In
the event of the revocation of any license by the Borough Council,
the premises upon which the licensed business has been conducted shall
not be eligible to receive another license hereunder for a period
not to exceed two years from the date of revocation.
e.
The
employment in any way in a licensed place of any person who was the
owner or an employee in any way in a licensed place at the time the
license thereof was revoked shall, at the discretion of the Borough
Council, constitute grounds for the revocation of the license of the
place where the person is then employed.
[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 beverage; 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.
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 $500. 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 N.J.S.A.
33:1-81 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.
[Ord. No. 6-2014]
a.
Possession and Consumption Prohibited. It shall be unlawful for any
person under the legal age to, without legal authority, knowingly
possess or knowingly consume an alcoholic beverage on private property,
except as provided for in paragraph d below.
b.
Violations and Penalties. Any person convicted of violating the provisions
of this section shall, in accordance with the provisions of N.J.S.A.
40:48-1, as amended, be punished by a fine not to exceed $250 for
the first offense and not to exceed $350 for any subsequent offense.
c.
Additional Penalties.
1.
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 Motor Vehicle Commission stating the first and last
day of the suspension or postponement period imposed by the Court
pursuant to N.J.S.A. 40:48-1, as amended. 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.
2.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Motor Vehicle Commission
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 the first
and last date of the license suspension period imposed by the Court.
3.
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. A person shall be
required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
4.
If a person convicted under this article 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 it to the Motor Vehicle Commission on the required report.
The Court shall not collect the license of a nonresident convicted
under this section. Upon receipt of a report from the Court, the Motor
Vehicle Commission shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
d.
Exceptions.
1.
Nothing contained in this section is intended, nor shall it be construed,
as prohibiting an underaged 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;
provided that, if the underaged person is found to possess or consume
an alcoholic beverage in the presence of and with the permission of
a relative other than a parent or guardian, the police shall notify
the parent or legal guardian, by certified mail, of the incident together
with the name of the relative who gave permission for the possession
or consumption of the alcoholic beverage by the underaged person.
The notification shall include a request that the parent or guardian
acknowledge and return a copy of the letter to the Police Department
within 15 days of receipt.
2.
GUARDIAN
RELATIVE
As used in the preceding paragraph 1, the following terms shall have
the meanings set forth:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
Shall mean the underaged person's grandparent, aunt
or uncle, sibling, or any other persons related by blood or affinity.
3.
Nothing contained in this section is intended nor shall it be construed
as prohibiting possession of alcoholic beverages by any such person
while actually engaged in the performance of employment by a person
who is licensed under Title 33 of the Revised Statutes, or while actively
engaged in the preparation of food while enrolled in a culinary arts
or hotel management program at a County vocational school or post-secondary
educational institution; provided, however, that this section shall
not be construed to preclude the imposition of a penalty under this
section, N.J.S.A. 33:1-81, or any other section of law against a person
who is convicted of unlawful alcoholic beverage activity on or at
premises licensed for the sale of alcoholic beverages.
