[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.
