Borough of West Cape May, NJ
Cape May 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
[Ord. No. 233-95]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of West Cape May in accordance with the provisions of an Act of the Legislature of the State of New Jersey entitled, "An Act Concerning Alcoholic Beverages" (Chapter 436 of the Laws of 1933), 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.
[Ord. No. 429-09 § 1]
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 of the State of New Jersey.
[Ord. No. 429-09 § 3]
All applications for licenses, all licenses issued or revoked, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 6-1, and all other applicable laws of the State of New Jersey or of the United States.
[Ord. No. 429-09 § 4]
The Borough Commission shall be the issuing and licensing authority for any and all licenses issued pursuant to this chapter. All licenses required by this chapter shall be issued by the Borough Commission, which shall also administer the provisions of this chapter.
[Ord. No. 429-09 § 5]
No person shall sell or distribute alcoholic beverages within the Borough of West Cape May without obtaining a license in accordance with this chapter and in accordance with the rules and regulations of the State of New Jersey, Director of Alcoholic Beverage Control and N.J.S.A. 33:1-1 et seq.
[Ord. No. 429-09 §§ 6, 13]
The annual fee for the sale or distribution of alcoholic beverages in the Borough of West Cape May shall be as follows:
Class of License
Annual License Fee
Statutory Number of Licenses
Plenary Retail Consumption License
$2,500
1
Plenary Retail Distribution License
$2,500
1
No club licenses shall be issued in the Borough of West Cape May.
[Ord. No. 429-09 § 7; Ord. No. 465-11 § 2; Ord. No. 469-11 § 1; Ord. No. 542-2018; amended 6-24-2020 by Ord. No. 583-20]
Plenary Retail Consumption licensees shall sell, serve or deliver, or allow the sale, service or delivery of, any alcoholic beverages only between the hours of 8:00 a.m. and 10:00 p.m., Sunday through Thursday, and on Friday and Saturday shall stop serving customers no later than 11:00 p.m.
[Ord. No. 429-09 § 7; Ord. No. 541-2018; amended 6-24-2020 by Ord. No. 583-20]
Plenary Retail Distribution licensees shall sell, serve, or deliver any alcoholic beverages, or allow the sale, delivery or consumption of any alcoholic beverages, only between the hours of 8:00 a.m. and 10:00 p.m.
[Ord. No. 429-09 § 8; Ord. No. 547-2018; Ord. No. 555-2018]
During periods when sales of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain therein, except the licensee or bona fide employees of the licensee.
[Ord. No. 429-09 § 8]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or persons under the legal age, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above named classes or persons (or permit any such persons to congregate in or about the licensed premises).
[Ord. No. 429-09 § 12]
No licensee shall operate within one thousand (1,000') feet of a public building, school or house of worship.
[Ord. No. 465-11 § 3]
The holder of a Plenary Retail Consumption license shall be a restaurant serving food. Except for restaurant patrons waiting for a table, "bar-type" service of liquor alone shall not be permitted.
[Ord. No. 429-09 §§ 14, 15; Ord. No. 469-11 § 2]
a. 
Suspension or Revocation. 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 Director of Alcoholic Beverage Control.
b. 
Proceedings. Proceedings for a suspension or revocation shall be in accordance with 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 a hearing.
c. 
Additional Penalties. Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[Ord. No. 429-09 § 9A]
No person under the legal age shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his or her parent or guardian; provided however, a person under the legal age may enter any licensed premises in the regular pursuit of his or her business, trade or occupation, or for the purchase of food or to be a guest in bona fide hotel or restaurant.
[Ord. No. 429-09 § 9B]
No person under the legal age shall purchase, attempt to purchase, or have another purchase for him or her any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
[Ord. No. 429-09 § 9C]
No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age. It shall be unlawful for any person to induce or attempt to induce any license or any employee of a licensee to sell, serve, or delivery alcoholic beverages to a person under the legal age.
Any person who shall violate the provisions of Subsection 6-6.2 or 6-6.3 shall be liable to the penalties stated in N.J.S.A. 33-1.81. (N.J.S.A. 33-1.81)