Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 10-14-1971 by Ord. No. 5-71 as Ch. 4, Art. I, of the 1971 Code of Ordinances]

§ 91-1 License required.

No one shall sell alcoholic beverages for retail in the Borough unless licensed in accordance with the ordinances of the Borough and the laws of the state.

§ 91-2 Borough's licensing authority limited.

No license defined in N.J.S.A. 33:1-12 and known as a "seasonal retail consumption license" or a "limited retail distribution license" shall be issued by the Mayor and Council of the Borough.

§ 91-3 Number of licenses issued and outstanding limited.

[Amended 11-14-1991 by Ord. No. 22-91; 12-10-1992 by Ord. No. 31-92; 8-24-2006 by Ord. No. 16-06]
Not more than 10 plenary retail consumption licenses, not more than one plenary retail distribution license and not more than one club license shall be issued and outstanding at the same time in the Borough. Not more than one plenary retail consumption license to a hotel containing at least 100 sleeping rooms shall be issued and outstanding at the same time in the Borough.

§ 91-4 Plenary retail consumption licenses.

No plenary retail consumption license shall be issued for premises situated within 1,500 feet of any premises already licensed, except as follows:
A. 
Plenary retail consumption licenses presently outstanding may be renewed.
B. 
Plenary retail consumption licenses presently outstanding may be transferred to another person and renewed by the transferee.
C. 
Plenary retail consumption licenses issued to a hotel containing at least 100 sleeping rooms as set forth in N.J.S.A. 33:1-12.20.
[Amended 7-9-1992 by Ord. No. 25-92]

§ 91-5 License fees.

[Amended 5-10-1979 by Ord. No. 14-79; 12-10-1987 by Ord. No. 11-87; 10-13-1988 by Ord. No. 15-88; 12-14-1989 by Ord. No. 28-89; 11-14-1991 by Ord. No. 22-91]
The schedule of fees for retail licenses to sell alcoholic beverages shall be as provided in Chapter A263, Fees.

§ 91-6 Business hours restricted.

[Amended 11-14-1991 by Ord. No. 22-91]
A. 
All licensees shall be permitted to sell, serve, deliver or allow, permit or offer the sale or consumption of any alcoholic beverages on the licensed premises between and during the following hours only and no other:
(1) 
On weekdays other than Christmas and New Year's Day, during and between the hours of 7:00 a.m. and 2:00 a.m. No beverages shall be served or sold between the hours of 2:01 a.m. and 6:59 a.m.
(2) 
On Saturdays other than Christmas and New Year's Day, during and between the hours of 7:00 a.m. and 2:00 a.m. No beverages shall be served or sold between the hours of 2:01 a.m. and 6:59 a.m.
(3) 
On Sundays other than Christmas and New Year's Day, during and between the hours of 11:00 a.m. and 2:00 a.m. No beverages shall be served or sold between the hours of 2:01 a.m. to 10:59 a.m.
[Amended 4-23-1992 by Ord. No. 21-92]
(4) 
On Christmas Day when it is a weekday or Saturday, during and between the hours of 7:00 a.m. and 3:00 a.m. No beverages shall be served or sold between the hours of 3:01 a.m. and 6:59 a.m.
(5) 
When Christmas is a Sunday, during and between the hours of 1:00 p.m. and 3:00 a.m. No beverages shall be served or sold between the hours of 3:01 a.m. and 12:59 p.m.
(6) 
On New Year's Day when it is a weekday or Saturday, during and between the hours of 7:00 a.m. and 5:00 a.m. No beverages shall be served or sold between the hours of 5:01 a.m. and 6:59 a.m.
(7) 
When New Year's Day is a Sunday, during and between the hours of 1:00 p.m. and 5:00 a.m. No beverages shall be served or sold between the hours of 5:01 a.m. and 12:59 p.m.
B. 
The hours referred to in this section shall be Eastern standard time or Eastern daylight saving time, whichever is the official time in the Borough, as may be provided by the laws of the State of New Jersey.
C. 
During the hours sales are prohibited, the entire licensed premises shall be closed, but this subsection shall not apply to hotels or restaurants, as defined in N.J.S.A. 33:1-1t, or other establishments where the principal business is other than the sale of alcoholic beverages. However, the area of such licensed premises where alcoholic beverages are served shall in the best practical manner be closed to access by the public.

§ 91-7 Doors and windows to be unobstructed.

No screen, curtain or other obstruction shall be so placed in the doors or windows of plenary retail consumption licensed premises as to prevent a clear view of the interior from the public thoroughfare during hours when sales of alcoholic beverages are prohibited, but this shall not apply to public dining rooms in restaurants, as defined in N.J.S.A. 33:1-1t, or in hotels.[1]
[1]
Editor's Note: Original Sec. 4-8, which dealt with dancing and immediately followed this section, was repealed 12-13-1973 by Ord. No. 15-73.

§ 91-8 Intoxicated persons.

No one licensed to sell alcoholic beverages at retail shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person actually or apparently intoxicated or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.

§ 91-9 Nuisances.

No one licensed to sell alcoholic beverages at retail shall allow, permit or suffer in or upon the licensed premises any disturbances, lewdness, immoral activities, brawls or unnecessary noises or allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.

§ 91-10 Illegal activities.

No one licensed to sell alcoholic beverages at retail shall allow, permit or suffer in or upon the licensed premises any known criminals, gangsters, racketeers, pickpockets, swindlers, confidence men, prostitutes, female impersonators or other persons of ill repute nor shall any licensee allow, permit or suffer the licensed premises or the licensed business to be used in the furtherance or aid of or in connection with any illegal activity or enterprise.

§ 91-11 Gambling.

A. 
No one licensed to sell alcoholic beverages at retail shall engage in or allow, permit or suffer any pool selling, bookmaking or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind or any device or apparatus designed for any such purpose or any machine or device commonly known as a "bagatelle" or "pinball machine" on or about the licensed premises.
B. 
No such person shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable thing.

§ 91-12 Lotteries.

[Amended 11-14-1991 by Ord. No. 22-91]
No one licensed to sell alcoholic beverages at retail shall allow, permit or suffer any lottery to be conducted or any ticket or participation right in any lottery to be sold or offered for sale on or about the licensed premises, except those persons who are licensed as lottery sales agents by the New Jersey State Lottery.