[Adopted 8-25-36]
[Amended 2-8-38 by Ord. No. 93]
This Article is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Town of Secaucus, County of Hudson, in accordance with the provisions of an act of the legislature entitled "An Act Concerning Alcoholic Beverages," New Jersey Revised Statutes, Title 33, Chapter 1,[1] and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control, applicable thereto, and in accordance with the rules and regulations existing herein or hereafter adopted by competent municipal authority not inconsistent with said Act or said rules and regulations of said State Commissioner.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 4-9-85 by Ord. No. 85-9; 1-26-86 by Ord. No. 86-4; 2-10-87 by Ord. No. 87-1; 2-27-90; 3-11-98 by Ord. No. 98-6; 3-23-99 by Ord. No. 99-7]
The fees for licenses shall be as follows:
A. 
For a plenary retail consumption license:
Effective July 1, 1999, the license fee shall be: $1,375.
B. 
For a plenary retail distribution license:
Effective July 1, 1999, the license fee shall be: $786.
C. 
All other license fees shall be in accordance with the fees established by state law.
[Amended 9-23-86 by Ord. No. 86-25; 2-28-89 by Ord. No. 89-12; 3-28-89 by Ord. No. 89-15; 4-11-95 by Ord. No. 95-8; 10-11-05 by Ord. No. 2005-25]
The number of licenses in each class to be issued in the Town of Secaucus for the sale of alcoholic beverages at retail shall be limited as follows:
A. 
Not more than 29 plenary retail consumption licenses.
B. 
Not more than the number of plenary retail consumption licenses which are consistent with the number of hotels and motels located within the Town (hotel-motel exception).
[Amended 12-30-97 by Ord. No. 97-38]
C. 
Not more than eight plenary retail distribution licenses.
D. 
Not more than five club licenses.
[Amended 9-22-98 by Ord. No. 98-23; 8-26-14 by Ord. No. 2014-26]
[Amended 9-10-91 by Ord. No. 91-27]
A. 
Application for a license shall be in such form as shall be prescribed by the statute or any of the rules and regulations adopted, and any license issued shall be in accordance with the provisions of the statute and subject to any rules and regulations now or hereafter in force.
B. 
Notwithstanding any provision of the New Jersey Statutes or Administrative Code, all applicants seeking a license or the renewal of an active license shall certify in writing, on a form prescribed by the Secretary, Secaucus Board of Alcoholic Beverage Control, that the list of employees required to be maintained by N.J.A.C. 13:2-23.13 is, in fact, being maintained on the licensed premises. Such certification may require the licensee to provide a true copy of such current list.
[Amended 3-27-01 by Ord. No. 2001-6]
A. 
Any license issued may be suspended or revoked for a violation of any of the provisions of this chapter, or any amendment or supplement thereto, or any of the provisions of An Act Concerning Alcoholic Beverages, or any amendment or supplement thereto,[1] or any of the regulations and rules now or hereafter prescribed by this municipal authority or the State Commissioner of Alcoholic Beverage Control.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
B. 
Proceedings for the suspension or revocation of a license shall be in accordance with the statute.
[Amended 2-8-83 by Ord. No. 93; 5-28-40 by Ord. No. 94]
A. 
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 licensed premises on weekdays and Saturdays between the hours of 2:00 a.m. and 7:00 a.m. or on Sundays between the hours of 3:00 a.m. and 10:00 a.m., except New Year's Day each year, as hereinafter provided.
[Amended 9-14-93 by Ord. No. 93-52; 10-11-11 by Ord. No. 2011-25]
B. 
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 licensed premises on New Year's Day, when it is a weekday or Saturday, between the hours of 5:00 a.m. and 7:00 a.m., or on New Year's Day, when it is a Sunday, between the hours of 5:00 a.m. and 12:00 noon.
[Amended 12-21-10 by Ord. No. 2010-44]
C. 
During the hours when sales of alcoholic beverages are hereinabove prohibited, all holders of plenary retail consumption licenses, except hotels, shall draw aside curtains and screens and such other obstructions as may be present in order that a full view of the interior of the premises may be had from the street or other public place to which the public is freely admitted; provided, however, that this shall not apply to club licenses.
No licensee shall allow, permit or suffer in or upon the licensed premises any known criminals, gangsters, racketeers, pickpockets, swindlers, confidence men, prostitutes, disorderly persons or other persons of ill repute nor permit any female or females to attend or assemble in said licensed premises to solicit or entice customers to purchase drinks or make assignations for improper purposes.
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbance, brawl or unnecessary noise nor allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
No licensee shall sell, serve or deliver nor shall any licensee suffer or permit the sale, service or delivery of any alcoholic beverage directly or indirectly to any mental defective, habitual drunkard or intoxicated person nor permit the same to congregate in or about the licensed premises.
[Amended 8-23-94 by Ord. No. 94-26]
Except lottery activities as may be allowed expressly by the State of New Jersey, Division of the Lottery and the New Jersey Division of Alcoholic Beverage Control on licensed premises, no licensee shall conduct, suffer or permit any lottery, gambling, gambling device, bookmaking, slot machine or the playing for money or other valuables on or about the licensed premises.
No person shall be served in any back room or side room which is not open at all times for the use of the public generally, except that in hotels, guests may be served in their rooms or in private dining rooms.
[Amended 2-11-47; 12-8-70]
No plenary retail consumption licensee shall be restricted or limited in employing persons to sell or serve alcoholic beverages upon licensed premises on the basis of the sex of such person.
[Amended 3-27-01 by Ord. No. 2001-6]
The holder of each license issued by the Board of Alcoholic Beverage Control shall display the license certificate conspicuously in the place where intoxicating beverages are sold.
[Amended 8-23-94 by Ord. No. 94-26; 3-27-01 by Ord. No. 2001-6]
All licenses shall be issued by the Board of Alcoholic Beverage Control of the Town of Secaucus in the County of Hudson and shall bear the signature of the Secretary acting on behalf and at the direction of the Board of Alcoholic Beverage Control, who is designated to sign and deliver such licenses on its behalf, and the Secretary shall affix the seal of the Board of Alcoholic Beverage Control of the Town of Secaucus to each license as the same is issued.
Any person violating or failing to comply with any of the provisions of this Article shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.