[Adopted 6-7-1982 by Ord. No. 11-1982
as Art. I of Ch. 63 of the 1982 Code]
It shall be unlawful to manufacture, sell, transport,
rectify, blend, treat, fortify, mix, process or distribute alcoholic
beverages in the city, except in accordance with the statute in such
case made and provided and unless and until a license therefor shall
be first had and obtained.
The Council shall constitute the authority to
administer the issuance of licenses under this article.
Each applicant for a license shall file a written
application upon the form prepared therefor by the Director of the
Division of Alcoholic Beverage Control, accompanied by a deposit of
the full amount of the required license fee, and shall cause a notice
to make such application to be published, as required by the rules
and regulations issued by said Director, once a week for two weeks,
successively, in a newspaper printed in the city. Each application
must be duly sworn to by the applicant. Upon receipt of said application,
the same shall be referred to the License Committee of the Council,
who shall investigate the applicant, inspect the premises sought to
be licensed and report to the Council with its recommendation upon
the grant or refusal of said application.
A.
The licenses to be issued by Council shall be plenary
retail consumption licenses, plenary retail distribution licenses
and club licenses.
B.
No limited retail distribution license shall be issued.
C.
No plenary retail distribution license shall be issued
to permit the sale of alcoholic beverages in or upon any premises
in which any other mercantile business is carried on.
D.
All licenses shall be issued pursuant to law and subject
to such rules and regulations as may be imposed by the Director of
the Division of Alcoholic Beverage Control and by the Council of the
city.
All licenses shall be issued for the term of
one year on the first day of July in each year. The license fee for
all licenses shall be prorated according to the date of the license
and based on the respective annual fee.
A.
Retail consumption.
[Amended 5-15-1995 by Ord. No. 3-1995]
(1)
The annual fee for each plenary retail consumption
license shall be:
[Amended 2-17-1999 by Ord. No. 6-1999]
|
Year
|
Fee
| |
|---|---|---|
|
1998
|
$1,000
| |
|
1999
|
$1,200
| |
|
2000
|
$1,440
| |
|
2001
|
$1,728
| |
|
2002 and after
|
$2,000
|
(2)
No plenary retail consumption license shall be issued
to permit the sale of alcoholic beverages in or upon any premises
in which a grocery, delicatessen, drugstore or other mercantile business
(except the keeping of a hotel or restaurant or the sale of cigars
and cigarettes at retail as an accommodation to patrons or the retail
sale of nonalcoholic beverages as accessory beverages to alcoholic
beverages) is carried on.
B.
Retail distribution.
[Amended 3-19-1984 by Ord. No. 4-1984; 5-15-1995 by Ord. No. 3-1995]
(1)
The fee for each plenary retail distribution license
shall be as follows:
[Amended 2-17-1999 by Ord. No. 6-1999]
|
Year
|
Fee
| |
|---|---|---|
|
1998
|
$615
| |
|
1999
|
$735
| |
|
2000
|
$880
| |
|
2001
|
$1,055
| |
|
2002
|
$1,265
| |
|
2003
|
$1,520
| |
|
2004
|
$1,835
| |
|
2005
|
$2,000
|
(2)
The annual license fees from and after July 1, 1995,
shall be the same as hereinabove fixed until changed and amended pursuant
to law.
C.
The fee for each club license (license to sell alcoholic
beverages intended for immediate consumption on the licensed premises
only to bona fide club members and their guests) shall be the sum
of $150.
D.
All licenses hereinbefore mentioned shall be issued
pursuant to law and subject to such rules and regulations as may be
imposed by the State Commissioner of Alcoholic Beverage Control and
by the City Council of the City of Pleasantville.
A.
No license shall be issued for the sale of alcoholic
beverages within 200 feet of any church or public schoolhouse, except
to hotels, clubs and fraternal organizations which own or are in actual
possession of the licensed premises.
B.
No license shall be issued for the sale of alcoholic
beverages within 1,000 feet of any duly licensed premises containing
a plenary retail consumption or distribution license.
A.
No licensee shall sell, serve, deliver, or allow,
permit or suffer the sale, service or delivery, of any alcoholic beverage
or permit the consumption of any alcoholic beverage on the licensed
premises, other than in private guest rooms of bona fide hotels and
motels on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays
between the hours of 4:00 a.m. and 7:00 a.m., and on Sundays between
the hours of 4:00 a.m. and 12:00 noon; provided, however, that nothing
in this section shall prohibit the sale and service of alcoholic beverages
on a Sunday in the public dining rooms of bona fide hotels and motels
containing at least 25 sleeping rooms and in the public dining rooms
and bona fide restaurants as defined in N.J.S.A. 33:1-1t, but then
only to persons seated at tables and with bona fide meals.
B.
It
is further provided that no licensee in Pleasantville shall sell,
serve or deliver, or allow, permit or suffer the sale, service or
delivery, of any package sales before 9:00 a.m. or after 10:00 p.m.
on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays;
provided, however, that nothing in this section shall prohibit the
sale of alcoholic beverages in original containers for off-premises
consumption, package sales on Sundays between the hours of 12:00 noon
and 10:00 p.m., with the exception of sales beginning at 9:00 a.m.
to 10:00 p.m. during May 1 through September 30 each year.
[Amended 8-5-2013 by Ord. No. 7-2013]
C.
During the hours that sales hereinabove are prohibited,
the entire licensed premises shall also be closed, but this closing-of-premises
requirement shall not apply to bona fide hotels or motels or to bona
fide restaurants as defined as aforesaid in N.J.S.A 33:1-1t.
[Amended 2-17-1999 by Ord. No. 6-1999]
The clear interior view of the whole of said
licensed place or barroom (except for toilet purposes) shall in no
way be obstructed by a screen or screens, nontransparent glass, shade
or shades, blind or blinds, door, shutter, merchandise or advertisements
or by blank walls or other obstructions, but the whole of the interior
of said barroom or licensed place shall be open to the public view
from the sidewalk or sidewalks adjacent thereto; provided, however,
that it shall be lawful for screens or blinds to be constructed or
placed in the doors or windows of said licensed place to be not in
excess in height of five feet from the sidewalk level of the sidewalks
adjacent to said licensed place, said height to be calculated from
the lowest point of the sidewalk level.
For the violation of any of the provisions of
this article, the Council may revoke or suspend any license issued
by it; provided, however, that no suspension or revocation of any
license shall be made until a five-day notice of the charges preferred
against the licensee shall have been given to him personally or by
mailing the same by registered mail addressed to him at the licensed
premises and a reasonable opportunity to be heard thereon afforded
to him. A suspension or revocation of a license shall be effected
by a notice in writing of such suspension or revocation, designating
the effective date thereof, and in case of suspension, the term of
such suspension, which notice may be served upon the licensee personally
or by mailing the same by registered mail addressed to him at the
licensed premises. Such suspension or revocation shall apply to the
licensee and to the licensed premises.
[Amended 2-17-1999 by Ord. No. 6-1999]
No licensee shall sell, serve, deliver or allow,
permit or suffer the service or delivery of any alcoholic beverage
directly or indirectly to any person under the legal age for purchasing
alcoholic beverages or allow, permit or suffer the consumption of
alcoholic beverages by any such person upon the licensed premises.
[Amended 2-17-1999 by Ord. No. 6-1999]
No person under the legal age for purchasing
alcoholic beverages shall purchase or attempt to purchase any alcoholic
beverage.
[Amended 2-17-1999 by Ord. No. 6-1999]
A.
No person under the legal age for purchasing alcoholic
beverages shall falsely represent that he or she is of the legal age
for purchasing alcoholic beverages in an attempt to purchase any alcoholic
beverage.
B.
No person shall misrepresent or misstate his or her
age or the age of any other person for the purpose of inducing any
person to make sale, serve or deliver any alcoholic beverage to a
person under the legal age for purchasing alcoholic beverages.
A.
No licensee shall engage in or shall allow, permit
or suffer any person employed to perform dancing or other entertainment
in or upon the licensed premises to carry on any part of such dancing
or other entertainment in a lewd, licentious, lascivious or improper
manner.
B.
No licensee shall engage in or allow, permit or suffer
any person to appear on the premises of any establishment licensed
for the sale and distribution of alcoholic beverages in any act, scene,
sketch or other form of entertainment, including dancing for the benefit
of patrons with either or both breasts or the lower part of the torso
uncovered in case of females and, in case of males, the lower part
of the torso uncovered or so thinly covered or draped so as to appear
uncovered.
C.
No licensee shall employ, allow, permit or suffer
any waitress or any other person who comes in contact with or is likely
to come in contact with the patrons of any establishment licensed
for the sale and distribution of alcoholic beverages to appear in
the presence of such patrons with either or both breasts or the lower
part of the torso uncovered or so thinly covered or draped so as to
appear uncovered.
[Amended 2-17-1999 by Ord. No. 6-1999]
A violation of the provisions of this article
shall be punishable upon conviction by a fine not less than $100 nor
more than $1,000, imprisonment for a term not exceeding 90 days and/or
a period of community service not exceeding 90 days. Each and every
day such a violation exists shall constitute a separate offense.
