[Adopted 7-8-1976 as Chapter 6 of the Revised General Ordinances
of 1975]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Borough of Palisades
Park in accordance with the provisions of an Act of the Legislature
of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages,"
comprising Chapter 436 of the Laws of 1933 and its supplements and
amendments and also comprising N.J.S.A. 33:1-1 et seq., and in accordance
with the rules and regulations of the Director of the Division of
Alcoholic Beverage Control.
For the purpose of this article, words and phrases
herein shall have the same meanings 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.
All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in § 84-1 and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this article shall
be issued by the Mayor and Council, which shall also administer the
provisions of this article.
No person shall sell or distribute alcoholic beverages within the borough without obtaining a license in accordance with the Act referred to in § 84-1 and the provisions of this article.
[Amended 5-27-1982 by Ord. No. 957; 3-17-1998 by Ord. No.
1296; 4-19-2005 by Ord. No. 1443]
The annual license fees for the sale or distribution
of alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License Fee
|
License Year
|
|---|---|---|
|
Plenary Retail Consumption
|
$777
|
2005 to 2006
|
|
$932
|
2006 to 2007
| |
|
$1,118
|
2007 to 2008
| |
|
$1,342
|
2008 to 2009
| |
|
$1,610
|
2009 to 2010
| |
|
$1,932
|
2010 to 2011
| |
|
$2,318
|
2011 to 2012
| |
|
$2,500
|
2012 to 2013
| |
|
(License fees shall remain in the amount of
$2,500 each and every license year thereafter)
| ||
|
Plenary Retail Distribution
|
$605
|
2005 - 2006
|
|
$726
|
2006 - 2007
| |
|
$871
|
2007 - 2008
| |
|
$1,045
|
2008 - 2009
| |
|
$1,254
|
2009 - 2010
| |
|
$1,505
|
2010 - 2011
| |
|
$1,806
|
2011- 2012
| |
|
$2,167
|
2012 - 2013
| |
|
$2,500
|
2013 - 2014
| |
|
(License fees shall remain in the amount of
$2,500 each and every license year thereafter)
| ||
|
Club
|
$188
|
2005 - 2006
|
|
(License fees shall remain in the amount of
$188 each and every license year thereafter)
| ||
A.
Hours. No alcoholic beverages shall be sold, delivered
or served to or consumed in any licensed premises on any day between
the hours of 3:00 a.m. and 6:00 a.m., except Sundays and New Year's
Day each year, as hereinafter provided.
B.
Sundays. The provisions of Subsection A shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 12:00 noon.
C.
New Year's Day. The provisions of Subsection A shall not apply on January 1. On that day, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 3:00 a.m. to 6:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
D.
New Year's Eve and Christmas Eve. The provisions of Subsection B of this section may be modified by the Mayor with the advice and consent of the Borough Council when New Year's Eve and Christmas Eve fall on a Sunday. Said modification shall be in the form of a resolution specifically stating the permitted hours during which alcoholic beverages may be sold, delivered or served to or consumed in any licensed premises. Said resolution shall further indicate that it shall lapse at the conclusion of the period contemplated. In no event, however, shall said resolution permit alcoholic beverages to be sold, delivered or served or consumed in any licensed premises between the hours of 3:00 a.m. and 6:00 a.m.
[Added 11-13-1989 by Ord. No. 1096]
No licensee or employee of a licensee shall
sell, serve or deliver, directly or indirectly, any alcoholic beverages
to any habitual drunkard, intoxicated person or minor or 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.
[Amended 8-18-1998 by Ord. No. 1305]
A.
During the hours that the sale of alcoholic beverages
for plenary retail consumption are prohibited, the entire licensed
premises shall also be closed and no person shall be admitted or permitted
to remain in the premises except the licensee or bona fide employees
of the licensee. This closing of business requirements for holders
of plenary retail consumption license shall not apply to hotels or
diners.
B.
During the hours that the sale of alcoholic beverages
for plenary retail distribution are prohibited, the entire licensed
premises shall also be closed and no person shall be admitted or permitted
to remain in the premises except the licensee or bona fide employees
of the licensee. This closing of business premises requirements shall
not apply to establishments where the principal business is other
than the sale for retail distribution of alcoholic beverages but shall
apply to the holder of any retail consumption license.[1]
[1]
Editor's Note: Former Section 6-4.6, which
immediately followed this section and dealt with the issuance of a
license for a premises within 200 feet of a church or school, was
deleted 8-15-1995 by Ord. No. 1226. See N.J.S.A. 33:1-76.
No person shall consume alcoholic beverages
in premises not his own without the permission of the owner.
[Amended 2-26-1981 by Ord. No. 930]
No licensee shall permit or suffer to permit
its entrance or exit door to remain open (ingress and egress by patrons
and vendors excepted) during its hours of operation.
A.
No person owning, keeping or having the management
or control of any room in which any bar is located shall permit any
minor child or children unaccompanied by a parent, guardian or adult
friend to remain therein or to frequent, lounge, congregate or gather
in such room or place.
B.
Nothing herein shall prohibit the person owning, keeping
or having the management or control of any room in which a bar is
located from admitting thereto any minor, whether or not accompanied
by a parent, guardian or adult friend, for any lawful purpose, provided
that such minor shall remain therein only so long as shall be reasonably
necessary to accomplish such purpose and shall be required to leave
immediately thereafter.
A.
Any license issued under this article may be suspended
or revoked for violation of any of the provisions of this article
or any provision of any applicable statute or any of the rules or
regulations of the State Director of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be
in accordance with the provisions of 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 hearing.
C.
Suspension or revocation of a license shall be in
addition to any other penalty which may be imposed for a violation
of this article.
[Added 2-16-1993 by Ord. No. 1165]
A.
Dancing exhibitions. No licensee shall engage in or
shall allow, permit or suffer any person employed by such licensee
to perform any dancing exhibition in or on any part of the alcoholic
beverage licensed premises.
B.
Exposure or indecent attire of entertainers. No licensee
shall engage in or shall allow, permit or suffer any person to appear
on the premises of any establishment licensed for the same and distribution
of alcoholic beverages in any act, scene, sketch or other form of
entertainment, including dancing for the benefit of patrons, with
breasts or the lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered.
C.
Exposure or indecent attire of waitresses or barmaids.
No licensee shall employ, allow, permit or suffer any waitress, barmaid
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 breasts or the lower part of the torso uncovered
or thinly covered or draped so as to appear uncovered.
D.
Violations and penalties. A violation of any of the
provisions of this section shall be punishable, upon conviction, by
a fine of not more than $500 or imprisonment not exceeding 90 days,
or both. Each and every day such violation exists shall constitute
a separate offense.
