Violations of the provisions of this chapter may be punishable as provided in Chapter 1, Article III, General Penalty, in addition to any other penalty as provided by law.
A.
No alcoholic beverage retail license which requires the approval
of the City or an officer of the City, pertaining to or in relation
to any property or activity to be conducted upon the property, shall
be issued or permit granted to an applicant who is a property owner
unless such applicant pays all delinquent property taxes on same property.
Any license or permit previously issued to such applicant shall be
subject to revocation or suspension whenever property taxes shall
become delinquent for three consecutive quarters or more and shall
stay revoked or suspended pending full payment.
B.
Hearings. Prior to any suspension or revocation of a license, the
licensee shall be entitled to a hearing before City Council for a
violation of this Code or any law or regulation of N.J.S.A. 33:1-1.1
et seq. The licensee shall be given at least five days' notice of
the violation/charge and a hearing date by personal service or by
mailing the same by registered mail addressed to him at the licensed
premises or the address provided in the licensee's current application.
A licensee shall have the right to legal representation. A postponement
may be granted for good cause only. If any licensee is in need of
an interpreter he/she must provide his/her own. The interpreter must
speak English and the licensee's language fluently. A licensee may
enter a plea of guilty, not guilty, or non vult (no contest). In the
event of a finding of a violation either by hearing, guilty plea,
or non vult plea, a licensee shall be permitted to present mitigating
factors. A licensee may enter into a plea agreement subject to the
approval of City Council for a lesser suspension or other conditions
to be imposed upon his/her license.
C.
Appeals.
(1)
Finding. In the event of suspension or revocation of any license
by City Council, the licensee may, within 30 days after the date of
service or of mailing of said notice of suspension or revocation,
appeal to the New Jersey State Director of Alcoholic Beverage Control
for the action of City Council in suspending or revoking such license.
Said appeal shall act as a stay of such suspension or revocation pending
the determination thereof unless the Director shall otherwise order.
(2)
In the event a licensee files for an appeal with the New Jersey Division
of Alcoholic Beverage Control and the decision of the City is upheld
after all appeals have been exhausted, the licensee may be held responsible
for the costs of prosecution of the City of Trenton.
D.
Drink girl/guy. Under N.J.S.A. Title 33, 33:1-1 et seq., and Chapter
13:2, Administrative Code Charging Matrix, the applicable Administrative
Code for Drink1 and Drink2 is N.J.A.C. 13:2-23.18, Solicitation prohibited;
the penalty is defined as a custom charge, to be set by the municipality.
The City of Trenton has defined the penalty for Drink1 as a ten-day
suspension and Drink2 as a thirty-day suspension.
