[HISTORY: Adopted by the City Council of the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 7 of the 1968 Code. Amendments noted where applicable.]
Article I Licensing; Rules and Regulations
Article II Use by Minors in Public Places
This chapter is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the City in accordance with the provisions of N.J.S.A. 33:1-1 to 33:1-96, and supplements and amendments thereto, and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable hereto, and in accordance with the rules and regulations of the City not inconsistent with the Act or rules and regulations of the State Commissioner.
No licensee under this chapter shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, or permit consumption of alcoholic beverages on the licensed premises on a Sunday between the hours of 2:00 a.m. and 1:00 p.m. nor on Christmas and New Year's Day between the hours of 4:00 a.m. and 6:00 a.m. nor on any other Thursday, Friday or Saturday between the hours of 3:00 a.m. and 6:00 a.m. nor on any other Monday, Tuesday or Wednesday between the hours of 2:00 a.m. and 6:00 a.m.
[Amended 12-28-1977 by Ord. No. 74-1977; 11-10-1980 by Ord. No. 15-1980; 11-23-1981 by Ord. No. 29-1981]
During hours when sales are prohibited by this section, the entire licensed premises shall also be closed, but this closing of premises requirement shall not apply to bona fide hotels, to restaurants or to clubs qualified for club licenses under N.J.S.A. 33:1-12, Subdivision 5, provided that where a licensee operates a restaurant in conjunction with his alcoholic beverage licensed business, such restaurant shall be closed between the hours of 2:00 a.m. and 6:00 a.m. on a Sunday and between the hours of 2:00 a.m. and 6:00 a.m. on a weekday other than Christmas and New Year's Day, on which two days such restaurant shall be closed between the hours of 4:00 a.m. and 6:00 a.m.
The term "restaurant," as used in this section, means an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate dining room and kitchen equipped for the preparing, cooking and serving of food.
No licensee under this chapter shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage to any mental defective, habitual drunkard or intoxicated person, nor shall a licensee permit consumption of any alcoholic beverage on the licensed premises by any such person or permit any such persons to congregate in or about the licensed premises.
No licensee under this chapter shall, directly or indirectly, solicit from house to house, personally or by telephone, the purchase of alcoholic beverages, nor allow, permit or suffer such solicitation.
The Municipal Board of Alcoholic Beverage Control of the City, having been duly constituted by the City Council, shall be the authority for the administration of the issuance of all licenses under this chapter.
No license shall be issued except after written application has been presented by the proposed licensee upon forms furnished by the Municipal Board of Alcoholic Beverage Control of the City, and after publication of notice, and as otherwise required by state law and this chapter.
[Amended 3-28-1988 by Ord. No. 10-1988; 4-26-2004 by Ord. No. 13-2004; 7-18-2011 by Ord. No. 21-2011]
The fees for liquor licenses issued under the provisions of this chapter and state law shall be as follows:
For a plenary retail consumption license: $2,500 per annum.
For a plenary retail distribution license: $1,728 per annum.
For a club license: $188 per annum.
Fees for a person-to-person or place-to-place transfer of a plenary retail consumption license: $250; fees for a person-to-person and place-to-place transfer of a plenary retail consumption license: $500.
Fees for a person-to-person or place-to-place transfer of a plenary retail distribution license: $172.80; fees for a person-to-person and place-to-place transfer of a plenary retail distribution license: $345.60.
For each special permit for social affairs: an application fee of $25.
For a plenary retail consumption license with broad package privilege: $2,500 per annum.
For a seasonal plenary retail consumption license: $1,875 per annum.
For a hotel/motel plenary retail consumption license: $2,500 per annum.
For a theater plenary retail consumption license: $2,500 per annum.
For a limited plenary retail distribution license: $63 per annum.
[Amended 12-28-1977 by Ord. No. 73-1977]
Except as otherwise provided in this section, not more than 22 plenary retail consumption licenses, 15 plenary retail distribution licenses and six club licenses shall be in effect in this City at any one time, provided that the foregoing limitation shall not apply where an application for a license is made for premises operated as a bona fide hotel having 100 or more sleeping rooms equipped for the accommodation of guests. Where any such plenary retail consumption license is issued for premises operating as such hotel, the sales of alcoholic beverages shall be limited for consumption within the hotel establishment.
No limited retail distribution or seasonal retail consumption licenses shall be issued. 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, provided that the holder of any such license shall be permitted to sell nonalcoholic beverages in original containers for consumption off the licensed premises; provided, further, that nothing herein shall prohibit the sale of ice, tobacco and prepared foods of a type and kind normally incident to the service and consumption of alcoholic beverages, and glassware.
No plenary retail distribution license or plenary retail consumption license shall be transferred to different premises within 625 feet of any other licensed establishment as aforesaid, provided that nothing herein shall prevent renewals or transfers to another licensee of licenses heretofore issued for use on the same premises on which the license is presently in operation. Notwithstanding the foregoing provision, the Board of Alcoholic Beverage Control of this City may, after hearing and upon review of the location and availability of other licensed establishments to persons living in and utilizing the facilities located in and around the proposed location and review of general neighborhood characteristics and boundaries, determine that approval of the transfer shall be permitted upon a finding that the following conditions exist:
There is a hardship confronting the licensee by reason of acquisition by a public agency of the premises utilized by the licensee.
There is no undue concentration of establishments of the type to be relocated in the immediate area.
The proposed location is appropriate for the type of operation anticipated.
The six-hundred-twenty-five-foot requirement as provided herein shall be measured radially in all directions from the main entranceway of the new proposed location of the licensed establishment seeking a transfer to the main entranceway of existing licensed premises.
Any license issued pursuant to this chapter may be suspended or revoked by the Municipal Board of Alcoholic Beverage Control of the City for any violation of any of the provisions of this chapter or for the violation of any of the provisions of N.J.S.A. 33:1-1 to 33:1-96, or any amendments or additions thereto, or of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age to purchase or consume alcoholic beverages, or allow, permit or suffer the consumption of any alcoholic beverage by any such person in or upon the licensed premises.
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person actually or apparently intoxicated, or permit or suffer the consumption of any alcoholic beverage by any such person in or upon the licensed premises.
The holder of each license issued by the Municipal Board of Alcoholic Beverage Control of the City shall display the license certificate conspicuously in the place where intoxicating beverages are sold.
All premises in which alcoholic beverages are sold or dispensed, except licensed clubs and guest rooms and private dining rooms in hotels, shall be so arranged that a full view of the interior may be had from a public thoroughfare or from some adjacent room or hallway to which the public is freely admitted.
No person shall be served in any room which is not open to the use of the public generally, except that, in hotels, guests may be served in their rooms or in private dining rooms, provided that this regulation shall not apply to licensed clubs.
For the purpose of this section, a "licensed club" is defined as a corporation or association operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain.
The holder of any plenary retail consumption license whose bar is located in a room in which food is served shall at all times during which the sale of alcoholic beverages is prohibited remove all alcoholic beverages from the bar and place the same in an enclosed and locked storage area concealed from public view or lock the same in a storage room, and shall keep all entrances to the interior of any such bar locked.
No licensee under this chapter shall make, cause to be made or permit any addition to, alteration of or other change in the physical structure of the licensed premises without first having submitted to the Municipal Board of Alcoholic Beverage Control of the City plans and specifications for such addition, alteration or change in the physical structure of the licensed premises and having obtained the approval thereof in writing by such Board.
[Amended 11-10-1980 by Ord. No. 15-1980; 4-22-1985 by Ord. No. 5-1985]
It shall be unlawful for any person under the age of 21 years to have, possess, carry, distribute, transport or consume any alcoholic beverage on any public street, highway or place of public accommodation.
For the purposes of this section, a "place of public accommodation" shall include any tavern, roadhouse or hotel, whether for entertainment of transient guests or accommodations of those seeking health, recreation or rest; any retail shop or store; any restaurant, eating house or place where food is sold for consumption on the premises; any place maintained for the sale of ice cream, ice and fruit preparations or their derivatives, soda water or confections, or where any beverages of any kind are retailed for consumption on the premises; any garage, any public conveyance and stations and terminals thereof; any auditorium, meeting place or public hall; any theater or other public place of amusement; motion-picture house; music hall, skating rink, swimming pool, amusement and recreation park; fair, bowling alley, gymnasium or billiard or pool parlor; any comfort station; any dispensary, clinic or hospital; any public library; any kindergarten, primary or secondary school, trade or business school, high school, academy, college and university or any educational institution under the supervision of the State Board of Education or the Commissioner of Education of the state.
Any violation of this section shall, upon conviction, be punished by a fine not less than $100 or more than $2,000, imprisonment for a period not to exceed 90 days, and/or 90 days of community service, for each violation of this section.
It shall be unlawful for any person to purchase, deliver, transmit or sell any alcoholic beverage, directly or indirectly, on behalf of or for delivery to any person under the age of 21 years.
Every licensee shall operate its business in an orderly and lawful fashion so as not to constitute a nuisance. A licensee's responsibility under this subsection includes the conduct of the licensee, its employees and patrons, if such conduct is contrary to the public health, safety and welfare.