§ 6-5. REGULATIONS.
6-5.1 Hours of Operation. No alcoholic beverages shall be sold, served, consumed in or delivered to any licensed premises between the hours of 2:00 a.m. and 9:00 a.m. on Sundays, or between the hours of 2:00 a.m. and 7:00 a.m. on other days. Further, no person shall remain on any licensed premises after 2:00 a.m. or any earlier closing time, if applicable, for any reason except the licensee or employees of the licensee. Any violation of this subsection shall be cause for suspension or revocation of any license issued.
(Ord. #1015, § 8-5.1; Ord. #1382, § 8-5.1; Ord. #1463, § 8-5.1; Ord. #597-99, § I; Ord. #701-01 § 1)
6-5.1A Hours of Operation of Nightclubs.
a.
Designated. Every nightclub that is not otherwise regulated pursuant to Title 33 of the New Jersey Statutes Annotated or pursuant to Chapter 6, Alcoholic Beverage Control, of the Borough of Sayreville Revised General Ordinances and which is located within two hundred (200') feet of a residential zone within the Borough, shall be closed to the public and business with the public shall be and is hereby prohibited, between the hours of 2:00 a.m. and 9:00 a.m. on Sundays and between the hours of 2:00 a.m. and 7:00 a.m. on other days.
b.
Measurement of Distance. The distance of two hundred (200') feet provided herein shall be measured in the same manner as measurements are made for the serving of notices in relation to applications for variances as prescribed in the Zoning Ordinances of the Borough.
c.
Definition. For the purpose of this subsection nightclubs shall be such establishments as defined within the Land Development Ordinance of the Borough of Sayreville and shall also include discotheques, comedy clubs and other similar commercial establishments.
(Ord. #713-01, §§ 1—3)
6-5.2 New Year's Day. The provisions of subsection 6-5.1, Hours of Operation, shall not apply on January 1. On January 1, alcoholic beverages may be sold, served, consumed in or delivered to a licensed premises at any time, unless January 1 falls on a Sunday, in which event no alcoholic beverages may be sold, served, consumed in or delivered to a licensed premises between the hours of 5:00 a.m. and 9:00 a.m.
(Ord. #1015, § 8-5.2; New; Ord. #467-96)
6-5.3 Access to Premises. No person shall be served alcoholic beverages in any room which is not open to the public, except that hotel or motel guests may be served in their rooms or in private dining rooms. This subsection shall not apply to club licenses.
(Ord. #1015, § 8-5.3)
6-5.4 Noise. All music, singing and entertainment in licensed premises, including hotels and motels, shall cease during the hours that the sale and service of alcoholic beverages are prohibited.
(Ord. #1015, § 8-5.4)
6-5.5 Sales to Certain Persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly any alcoholic beverages to any intoxicated person or person under the legal age, nor permit the consumption of alcoholic beverages by any of the persons named above.
(Ord. #1015, § 8-5.5)
6-5.6 Conduct of Licensed Premises. The licensee shall conform to the requirements of N.J.A.C. 13:2-23.13 and any person on the licensed premises shall not be deemed to be an employee unless that person is on the list as set forth in N.J.A.C. 13:2-23.13(a)(3).
(Ord. #1463, § 8-5.6)
6-5.7 Municipal Fees. No licensee shall have his license renewed annually unless the licensee, or the property owner, has made all payments which are due for municipal real property taxes and water use charges on the licensed premises. The licensee shall remain suspended until such time as all due municipal real taxes and water usage charges are paid and the issuing authority has approved the renewal. The renewal period is from July 1 to June 30 of the following year. It shall not be a defense for violation of this subsection that the licensee does not own the licensed premises. Even if the licensee is a tenant and/or in control of the licensed premises, it shall be deemed sufficient for the municipal real property taxes and water usage charges to be paid.
(Ord. #1463, § 8-5.7)
6-5.8 Place-to-Place Transfers. No plenary retail license shall be issued for any premises within two thousand (2,000′) feet of any other plenary retail licensed premises. The Borough Council of the Borough of Sayreville may, in its reasonable discretion, waive the above restriction if the applicant shall establish to the Borough Council's satisfaction that such waiver will not adversely impact on the surrounding area and the public health, safety and welfare. When reviewing an application for a waiver, the Borough Council shall consider and make findings with respect to each of the following:
a.
Whether the location of an additional facility in an area will have an adverse impact on adjacent residential areas;
b.
Whether the proposed location is an area where patrons of licensed facilities tend to congregate and/or consume alcoholic beverages on the adjacent streets, sidewalks and properties and whether the proposed facility is of such a type that it may be expected that its patrons may engage in similar inappropriate behavior;
c.
The location of any premises licensed for plenary retail distribution in proximity to the proposed facility;
d.
Whether the proposed facility and existing licensed facilities are predominantly designed for use as a tavern, restaurant, hotel or entertainment facility;
e.
Whether there is any dominant commercial or recreational theme in the area that would be enhanced by the presence of the proposed facility;
f.
Whether the proposed facility would enhance or facilitate a redevelopment project; and
g.
Any factors which the Board deems critical to its decision to grant or deny an application for waiver.
(Ord. #1463, § 8-5.7; Ord. #254-92, § 1)
6-5.9 Closing Provision. Subject to the provisions of subsection 6-5.1, during the hours that the licensed premises are closed, the entire premises shall be closed and no person shall be admitted to remain thereon except the licensee or bona fide employees of the licensee.
(New; Ord. #597-99, § II)