[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 3, Arts. 2, 3, 4 and 5, of the 1979 Revised General Ordinances
of Paterson]
The number of plenary retail consumption licenses
outstanding in the city at the same time shall not exceed 300; provided,
however, that this restriction shall not prevent:
A.
The renewal of licenses issued and outstanding on
April 15, 1940, or the transfer of such licenses and the renewal of
licenses so transferred.
B.
The issuance of a new plenary retail consumption license
to a person who, having held a plenary retail consumption license:
C.
The issuance of a new license to a person who files
an application therefor within 60 days following the expiration of
the license renewal period if the State Director of the Division of
Alcoholic Beverage Control, pursuant to N.J.S.A. 33:1-12.18, shall
determine, in writing, that the applicant's failure to apply for a
renewal of his license was due to circumstances beyond his control.
No more than one plenary retail consumption
license shall be granted to any person, and said license shall cover
only the premises for which the license is issued.
A.
No plenary retail consumption license, except renewals
for the same premises covered by the previous license and transfers
within the same premises, shall be granted for or transferred to any
premises within 1,000 feet from an existing licensed premises covered
by a plenary retail consumption license or a plenary retail distribution
license. In the event that a licensee desires to transfer to another
premises, he shall be permitted to do so within 600 feet of the premises
wherein he is located at the time of said transfer, but shall comply
with the provisions aforementioned when transferring to premises in
excess of 600 feet from the premises upon which the transfer is sought.
[Amended 8-25-1998 by Ord. No. 98-061]
B.
Notwithstanding the foregoing provisions of Subsection A of this section, the Board of Alcoholic Beverage Control may allow the transfer of a plenary retail consumption license to any location within the Great Falls Historic District and the Central Business District as the same are defined and delineated in the Zoning and Land Development Ordinance of the city.[1]
[Amended 4-5-1983 by Ord. No. 83-025; 8-11-1992 by Ord. No.
92-042]
C.
Said 1,000 feet, 1,500 feet and 600 feet referred to in Subsections A and B of this section shall be measured in a normal way that a pedestrian would properly walk from the nearest entrance of the licensed premises to the nearest entrance of the premises sought to be licensed, which measurement standards shall be those as applied under N.J.S.A. 33:1-76.[2]
[Amended 10-27-1992 by Ord. No. 92-061]
[2]
Editor's Note: Former Sec. 3-11, Limitation
on location of premises holding plenary retail consumption licenses
having broad package privilege; exceptions, which immediately followed
this section, was repealed 10-27-1992 by Ord. No. 92-061.
The number of plenary retail distribution licenses
outstanding in the city at the same time shall not exceed 35; provided,
however, that this restriction shall not prevent:
A.
The renewal of licenses issued and outstanding on
June 19, 1939, or the transfer of such licenses from person to person
and the renewal of licenses so transferred.
B.
The issuance of a new plenary retail distribution
license to a person who, having held a plenary retail distribution
license:
C.
The issuance of a new license to a person who files
an application therefor within 60 days following the expiration of
the license renewal period if the State Director of the Division of
Alcoholic Beverage Control, pursuant to N.J.S.A. 33:1-12.18, shall
determine, in writing, that the applicant's failure to apply for a
renewal of his license was due to circumstances beyond his control.
A.
No plenary retail distribution license, except renewals
for the same premises covered by the previous license and transfers
within the same premises, shall be granted for or transferred to any
premises within 1,000 feet from an existing licensed premises covered
by a plenary retail distribution license or a plenary retail consumption
license. In the event that a licensee desires to transfer to another
premises, he shall be permitted to do so within 600 feet of the premises
wherein he is located at the time of said transfer, but shall comply
with the provisions aforementioned when transferring to premises in
excess of 600 feet from the premises upon which the transfer is sought.
[Amended 8-25-1998 by Ord. No. 98-061]
B.
Notwithstanding the foregoing provisions of Subsection A of this section, the Board of Alcoholic Beverage Control may allow the transfer of a plenary retail distribution license to within 1,500 feet of the premises wherein the license is located at the time of said transfer, where the licensed premises is being taken for any municipal, county, state or federal project or where the licensed premises is destroyed to the extent that it can no longer be used for the purpose for which the license was issued and it is not intended to restore the same. If such a transfer is granted, no plenary retail distribution license shall be transferred to the premises or part thereof so vacated by such transfer.
C.
Said 1,000 feet, 1,500 feet and 600 feet referred to in Subsections A and B of this section shall be measured in a normal way that a pedestrian would properly walk from the nearest entrance of the licensed premises to the nearest entrance of the premises sought to be licensed, which measurement standards shall be those as applied under N.J.S.A. 33:1-76.
[Amended 10-27-1992 by Ord. No. 92-061]
[Amended 3-15-1983 by Ord. No. 83-013; 11-12-1996 by Ord. No.
96-070]
A.
The annual fee for a plenary retail consumption license
shall be $1,202.
[Amended 12-16-2003 by Ord. No. 03-068; 11-9-2010 by Ord. No. 10-055; 10-9-2018 by Ord. No. 18-045]
B.
The annual fee for a plenary retail distribution license
shall be $965.80.
[Amended 12-16-2003 by Ord. No. 03-068; 11-9-2010 by Ord. No. 10-055; 10-9-2018 by Ord. No. 18-045]
C.
Any licensee under this chapter may apply for the
renewal of his license prior to the expiration, provided that they
are qualified to receive a license and the premises for which such
renewal license is sought are suitable for such purpose. Such renewal
privilege shall not be construed as a vested right which shall limit
or prevent the decreasing of the number of licenses to be issued within
the City of Paterson. All applications for renewal and payment of
the annual license fee shall be submitted no later than June 1 of
each year. Any application for a license renewal which is not completed
within 30 days of the renewal date shall be subject to an additional
late administrative charge equal to 10% of the cost of the license
renewal.
[Amended 6-28-2016 by Ord. No. 16-048]
D.
For licenses effective on or after June 30, 2016, no license shall be renewed under this section unless the owner or manager of the licensed establishment first attends an annual liquor/law awareness training seminar, the Paterson Alcohol Beverage Education Seminar (“PABES”). The PABES shall be conducted annually, and it shall meet the minimum requirements for such training as periodically set forth by the City of Paterson. The PABES is detailed in § 113-20 below.
[Added 2-24-2004 by Ord.
No. 04-011; amended 6-28-2016 by Ord. No. 16-048]
E.
The failure of a liquor license owner, shareholder, partner, officer, manager, or director to attend the training seminar required in Subsection D above and § 113-20A below shall constitute a violation of this chapter by the licensee.
[Added 2-24-2004 by Ord.
No. 04-011; amended 6-28-2016 by Ord. No. 16-048]
G.
Surcharge
monies will continue to be collected annually until the total revenue
derived from the surcharge equals the total amount expended by the
City of Paterson to acquire and retire licenses pursuant to contracts
authorized by ordinances adopted under this section and consistent
with N.J.S.A. 40:48-2.39 through 40:48-2.43. If in the final license
year in which the surcharge authorized by this section is in effect
the total additional revenue derived from all years the surcharge
has been in effect shall exceed the amount expended by the City of
Paterson for the acquisition and retirement of licenses, such excess
shall be rebated pro rata to the then current license holders or credited
against the next renewal fee to be paid by the then license holders
consistent with N.J.S.A. 40:48-2.42.
[Added 6-28-2016 by Ord.
No. 16-048]
H.
Any application
for transfer of a license shall be accompanied, pursuant to N.J.S.A.
33:1-26, by a fee of 10% of the annual license fee for the license
sought to be transferred, which shall be retained whether the transfer
is granted or not, and accounted for as other license fees.
[Added 10-9-2018 by Ord. No. 18-045]
[Amended 6-3-1981 by Ord. No. 81-033; 9-16-2014 by Ord. No. 14-045; 7-25-2017 by Ord. No. 17-063]
A.
With regard to plenary retail consumption licenses, no licensee shall
sell, serve, deliver or allow, permit or suffer the sale, service
or delivery of any alcoholic beverage or allow the consumption of
any alcoholic beverage on the licensed premises between the following
hours on the following days:
B.
Additionally, no licensee shall sell, serve, deliver or allow, permit
or suffer the sale, service or delivery of any alcoholic beverage
for off-premises consumption on any day of the week between the hours
of 10:00 p.m. and 10:00 a.m.
C.
When New Year's Day is a weekday, sale, service, delivery and consumption
of alcoholic beverages on premises shall be permitted during the entire
day.
D.
In addition to the hours restrictions set forth in Subsections A and B, above, and excepting New Year's Day, as set forth in Subsections A(3) and C, above, any plenary retail consumption licensee (e.g., bar or other A.B.C. licensee serving alcohol on the premises) located within a specified location, as detailed in Chapter 181, entitled "Commercial Hours of Operation," shall also be bound by the closing times set forth in that chapter. However, opening times shall be unaffected.
During the times when sales are prohibited by § 113-7, the entire licensed premises shall be closed. This requirement shall not apply to hotels, 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.
During the hours when sale of alcoholic beverages is prohibited by § 113-7, the entire interior of the licensed premises shall be kept open to public view from the outside thereof, and no screen, partition or other obstacle shall be permitted to interfere with a clear public view during said hours.
A.
No plenary retail consumption licensee shall allow,
permit or suffer any female employed on the licensed premises to:
(1)
Accept any food or beverage, alcoholic or otherwise,
at the expense of or as a gift from any customer or patron.
(2)
Sit at any table or stand at any bar with any person,
patron or customer visiting the licensed premises.
(3)
Perform dances commonly known as "go-go dances."
(4)
Perform by engaging in what is commonly known as "striptease"
by the removing of all or part of her clothing where accompanied by
music or without music and whether or not as part of dance.
All licenses granted shall be conspicuously
displayed at all times on the licensed premises in such plain view
as to be easily read by all persons visiting the licensed premises.
No licensee shall participate in or permit the
violation of any gaming or gambling law or ordinance within the licensed
premises.
All licenses shall be subject to the right reserved
by the Board to change, alter, amend or repeal the provisions of these
rules and regulations at any time.
No minor shall enter any premises licensed for
the retail sale of alcoholic beverages for the purpose of purchasing
or having served or delivered to such minor any alcoholic beverage.
No minor shall consume any alcoholic beverage
on premises licensed for the retail sale of alcoholic beverages or
purchase or attempt to purchase or have another purchase for him any
alcoholic beverage.
No person shall misrepresent or misstate his
age or her age or the age of any other person for the purpose of inducing
any licensee or any employee of such licensee to sell, serve or deliver
any alcoholic beverage to a minor.
In addition to the penalties provided in § 113-19, any license issued pursuant to this article may be suspended or revoked for violation of any provision of this article or for violation of any provision of N.J.S.A. 33:1-1 et seq. or any of the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control.
[Amended 12-19-1995 by Ord. No. 95-068]
Except as may be provided in N.J.S.A. 33:1-1
et seq., any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $1,000,
by imprisonment for a term not exceeding 90 days or by a period of
community service for not more than 90 days, or any combination thereof.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
[Added 6-28-2016 by Ord.
No. 16-048[1]]
A.
As a precondition of the original or renewal application for a Class
C and D license, the licensee shall, on an annual basis, attend the
mandatory Paterson Alcoholic Beverage Education Seminar (PABES) provided
by the City, to be offered at a date, time, and location as determined
by the City. The notice for the PABES shall be included with the annual
renewal application. Attendance at the program shall be by any person
listed as an owner, shareholder, partner, officer, or director on
the application for a license, as modified at any time after issuance
of the license, or by a general manager, manager, or other person
who regularly performs as the primary person in charge of the daily
operations of and in the licensed premises. A photograph of each individual
attending the PABES on behalf of each liquor license shall accompany
the annual renewal application.
B.
Any licensee who fails to attend the initial session of the PABES
will have the opportunity to make up the session at a cost of $250.
There will be one make-up session per year, at a date and location
as determined by the City.
C.
Failure to attend either of the initial or make-up PABES session
will be cause for nonrenewal of the liquor license.
D.
A photocopy of the certificate of completion of the PABES program
will be maintained in the manager's office on the premises of the
licensee.
