2013.069

Maier, Estate of Robert

Gift

Gift of Estate of Robert Maier by sister, Michelle Maier.

1955 - 1955

Date(s) Created: 1955 Date(s): 1955

Fair

Notes: Archives 2013.069.0016 [cover title] CITY OF HOBOKEN HUDSON COUNTY NEW JERSEY AN ORDINANCE to fix license fees, to regulate the sale and distribution of alcoholic beverages and to provide penalties for violation thereof. Passed December 7, 1955. ==== City of Hoboken HUDSON COUNTY, NEW JERSEY PUBLIC NOTICE AN ORDINANCE TO FIX LICENSE FEES, TO REGULATE THE SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES AND TO PROVIDE PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE MAYOR AD COUNCIL OF THE CITY OF HOBOKEN ARTICLE I—SCOPE Section 1. This ordinance is for the purpose of fixing license fees and regulating the sale, service, consumption and distribution of alcoholic beverages in the City of Hoboken, in accordance with the provisions of an Act of the Legislature entitled—"An Act Concerning Alcoholic Beverages," Chapter 436, P.L. 1933, as amended and supplemented and in accordance with the rules and regulations promulgated or to be promulgated by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey, 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 Director of the Division of Alcoholic Beverage Control. 1 ==== Section 2. It shall be unlawful to sell, serve, distribute or permit the consumption, sale, service or distribution of alcoholic beverages otherwise than as provided in this ordinance and/or said Act. Section 3. The Alcoholic Beverage Control Board of the City of Hoboken, as created by ordinance of the Council of the City of Hoboken, adopted July 15, 1953, or such other Body or Board, to whom the power to act in the premises may be vested by State Law or by action of the Governing Body of the City of Hoboken, shall constitute the Municipal Issuing Authority for the administration of the provision of Chapter 436, P.L 1933, under the ordinance. ARTICLE II—OPENING AND CLOSING HOURS: Section 1 No licensee shall serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages, or allow or permit the consumption of any alcoholic beverage on the licensed premises: (a) On New Year's Day when it is a Sunday, between the hours of 5 a. m. and 12, noon; sales and service being permissible, however, on New Year's Day when it is a weekday at any time; (b) On other Sundays between the hours of 3 a. m. and 12 noon; (c) On Lincoln's Birthday. Washington's Birthday, Decoration Day, Fourth of July, Labor Day, 2 ---- (d) During hours when the polls are open for voting at a general, municipal or primary election held in the City; (e) On all other days between the hours of 2 a. m. and 6 a. m. (f) The hours aforesaid shall be Standard Time of the State of New Jersey as provided by R.S. 1:1-2-3, amendments and supplements thereof. (g) During hours that sales are hereinabove prohibited the entire licensed premises shall also be closed and no person permitted to enter or remain therein except the licensee and his bona fide employees, provided, however, that this closing-of-premises requirement shall not apply to bona fide hotels, to restaurants as defined in Revised Statutes, 33:1-12, to clubs Qualified for license under Revised Statutes, 33:1-12 (5), or to other establishments where the principal business is other than the sale of alcoholic beverages, (h) All establishments selling alcoholic beverages by virtue of a Plenary Retail Consumption License shall be required to draw aside the curtains. screens, blinds, or other devices obscuring the view from the street to the interior of the licensed premises from the time of the clos- 3 ==== ing hour designated, and to keep the view from the street unobstructed until the opening hour designated This section shall not apply to bona fide hotels, public dining rooms of restaurants as defined in R.S. 33:l-lt, and clubs. ARTICLE III—LICENSE FEES Section 1. The fees for licenses issued under the provisions of Chapter 436, P.L. 1933 amendments and supplements thereto, be as follows: (a) For Plenary Retail Consumption License the sum of Five Hundred ($500.00) Dollars per annum; (b) For Plenary Retail Distribution License the sum of Five Hundred ($500 00) Dollars per annum; (c) For Club License the sum of One Hundred ($100.00) Dollars per annum. ARTICLE IV—LICENSES PROHIBITED Section 1 It shall be unlawful for any person, association, firm or corporation to conduct within the City of Hoboken any store or other place of business catering to public patronage wherein alcoholic liquors are sold or offered for sale, for consumption upon such store or other place of business, or to sell or offer for sale such alcoholic liquors in bottles, packages or containers to be carried from such store or other place of business, tor consumption or other use 4 ---- elsewhere, if such store or other place of business be used in whole or in part in combination or conjunction with a business commonly known as a drug store, apothecary or pharmacy wherein drugs or articles of a medicinal nature are sold; offered for sale, compounded or dispensed; and no alcoholic liquors shall be sold or offered for sale or dispensed in a drug store, apothecary or pharmacy by a druggist, pharmacist, or apothecary or by any one in the employ of a druggist, pharmacist or apothecary, other than such alcoholic liquors as shall be employed or used in compounding with other non-alcoholic ingredients prescribed by a physician duly licensed and registered under authority of the laws of the State of New Jersey on what is commonly known as a prescription blank. ARTICLE V—CLUB LICENSES Section 1. For the purposes of this ordinance terms and words defined herein shall be deemed to have the meaning herein given to them; (a) CLUB shall mean an organization, corporation or association consisting of one hundred, or more persons operating solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purpose and not for private gain; (b) CLUB MEMBER shall mean any person in good standing who has been admitted to membership in 5 ==== the manner regularly prescribed by the by-laws of a club, and who maintains his membership in a bona fide manner, and whose name and address is entered on the list of membership. ARTICLE VI — IDENTIFICATION OF LICENSEES AND EMPLOYEES Section 1. After approval of an application and before the license is issued every Plenary Retail Consumption Licensee, agent or other employee connected with or employed by or to be connected with or employed by said licensee shall (a) Make full and complete answers in writing on forms furnished by the Department of Public Safety of the City of Hoboken, to all questions printed thereon as to the identity, character, antecedents and general experience of any such licensee, agent or other employee. Section 2. If a Plenary Retail Consumption License is granted or transferred the said Department of Public Safety shall furnish the licensee, agent or other employes connected with or employed by said licensee, an identification card showing compliance with the provisions of this article. The identification card issued pursuant thereto shall be on file on the licensed premises so that it can be submitted upon demand at any time during business hours. The identification card shall expire on June 6 ---- 30th of each year, at which time a new identification card shall be issued by the Department of Public Safety. Section 3 No licensee shall engage any agent or employee connected with the business of said licensee unless said agent or employee has conformed to the rules and regulations set forth in this article pertaining to the particular license involved, and if any new agents or employees are hired by the licensee, such new agents or employees shall comply with the regulations pertaining to the license involved set forth in this article before being: permitted to work in the licensed premises. Section 4. If the applicant for a Plenary Retail Consumption License is a corporation, all the officers thereof shall comply with the regulations of this article pertaining to the license involved, and should there be a replacement or election of new officers during the licensed term such replaced or newly elected officers must comply witb the requirements of this article. ARTICLE VII—SUSPENSION OR REVOCATION. Section 1 Any license issued under this ordinance may be suspended or revoked for violation of any of the provisions of this ordinance or any amendment or supplement thereof, or any of the provisions of chapter 436, P.L. 1933 as amended or supplemented or any statute of the State of New Jersey or of the United States, or any amendment or 7 ==== supplement thereto respecting alcoholic beverages, or any of the regulations and rules now or hereafter prescribed by the Alcoholic Beverage Control Board of the City of Hoboken or other competent municipal authority, or the State director of the Divison of Alcoholic Beverage Control; or any violation of any City ordinance relating to the licensed premises. Section 2. Proceedings for suspension or revocation shall be in accordance with the provisons of Chapter 436, P.L. 1933, as amended and supplemented and the rules and regulations relative thereto, promulgated by the State Director of the Division of Alcoholic Beverage Control and the local Alcoholic Beverage Control Authority. ARTICLE VIII—PROHIBITIONS Section 1. No licensee, agent or other employee connected with or employed by or to be connected with or employed by the licensee shall: (a) Sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly to any person under the age of twenty-one (21) years, or allow, permit or suffer the consumption of alcoholic beverages by any such person on the licensed premises. (b) Allow, permit or suffer in or upon the licensed premises any prostitute, female impersonator, pickpocket, swindler, confidence 8 ---- man, or any notorious criminal, gangster, racketeer, or other person of ill repute; nor shall any licensee allow, permit or suffer the licensed premises or the licensed business to be used in furtherance or aid of, or in connection with any illegal activity or enterprise resulting in a conviction in a criminal prosecution. (c) Allow, permit or suffer in or upon the licensed premises any lewdness, immoral activity, or foul, filthy or obscene language or conduct, or any brawl, act of violence, disturbance or unnecessary noise; nor shall any licensee allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance. (d) 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. (e) Allow, permit or suffer in or upon the licensed premises any lottery to be conducted, or any ticket or participation right in any lottery to be sold or offered for sale; nor shall any licensee possess, have custody of, or allow, permit or suffer any such ticket or participation right, in or upon the licensed premises. However, this Rule shall not apply 9 ==== to bingo or raffles, or tickets or participation rights therein, being conducted pursuant to ap-appropriate permit under the Bingo Licensing Law (R.S. 5:8-24) or the Raffles Licensing Law (R.S. 5-8-50); but in any such instance of bingo at licensed premises, the licensee, during the period between the commencement of the first and the conclusion of the last game, shall not sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage in any room or outdoor area where the bingo or any part thereof is being conducted. (f) Suffer or permit any bookmaking, gambling or gambling device in, on or about the licensed premises, (g) Employ or permit the employment of any female to tend bar on the licensed premises, provided however, that this regulation shall not prohibit a female licensee from tending bar in her premises; nor shall this regulation prohibit the wife, mother, daughter or sister of a licensee from tending bar in his licensed premises; nor shall this regulation prohibit a female holding 50 or more percentum of the capital stock of a corporate licensee from tending bar on the corporation's licensed premises; nor shall this regulation prohibit the wife, mother, daughter or sister of a person holding 50 or more per-\ 10 ---- centum of the capital stock of a corporate licensee from tending bar in the corporation's licensed premises; and provided further, that this regulation shall not apply so as to prohibit the employment of females in alcoholic beverage licensed restaurants and hotel dining rooms to act as waitresses to serve alcoholic beverages directly to persons while seated at tables. (h) No Plenary Retail Consumption Licensee shall allow, permit or suffer any female employed on the licensed premises to accept any food or beverage, alcoholic or otherwise, at the expense of or as a gift from any customer or patron. ARTICLE IX — LICENSE—DISPLAY — INSPECTION Section 1. The license issued hereunder, as well as any and all other licenses that may be required in the operation of the licensee's business, shall at all times be conspicuously displayed in the licensed premises, and said licenses shall at all times be subject to inspection by members of the Police Department, Supervisor of Licenses, and such other local, state or federal officials whose duties may so require. 11 ==== ARTICLE X—SAVING CLAUSE Section 1. If for any reason any article or section or any provision of this ordinance shall be questioned in any Court, and shall be held to be unconstitutional or invalid, the same shall not be held to affect any other article, section or provision or any part of an article, section or provision of this ordinance. ARTICLE XI-REPEAL Section 1 All alcoholic beverage regulations heretofore adopted in the City of Hoboken, whether by ordinance or resolution, are hereby repealed. ARTICLE XII—EFFECTIVE DATE Section 1. This ordinance shall take effect immediately upon final passage and publication according to law. Passed December 7, 1955. LOUIS DePASCALE, Chairman of the Council. Approved December 7, 1955. JOHN J. GROGAN, Mayor. Arthur C. Malone, City Clerk. Published: December 9, 1955. [end] ==== ==== Status: OK Status By: dw Status Date: 2013-12-18