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ORDINANCE 2012-16 Modify hours of ABC license operation upon petition of licensee

AMENDED: May 15, 2012
PUBLIC HEARING: Carried to June 12, 2012
DEFEATED: June 12, 2012

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER IV, ENTITLED "ALCOHOLIC BEVERAGE CONTROL," ADDRESSING MODIFICATION OF HOURS OF OPERATION AND LICENSED PREMISES UPON PETITION OF LICENSEE

WHEREAS, the Borough Council of the Borough of Point Pleasant Beach has an obligation to ensure public safety and the quality of life of those residing in and those visiting the Borough of Point Pleasant Beach; and
WHEREAS, a change in hour of operations of premises licensed to sell alcoholic beverages has been adopted to prevent further deterioration of public safety and quality of life; and
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach recognizes that premises licensed to sell alcoholic beverages may deem the reduction in hours of operation as having an adverse affect on their business model. Thus, the Borough has determined that in order to provide those licensees with the ability to mitigate any perceived adverse effect, while still fulfilling the Borough’s obligation to provide for public safety and quality of life for residents and visitors, it is appropriate to provide a mechanism through which licensees have the option to modify and extend their hours of operation to make certain that the Borough can provide required additional police, code enforcement and public works employees required to secure compliance with the provisions of the Alcoholic Beverage Control law and Borough Ordinances and to eliminate disturbing and disorderly conduct occasioned by operations beyond those in the Ordinance;
NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:

SECTION I: Chapter IV of the Code of the Borough of Point Pleasant Beach, entitled “Alcoholic Beverage Control,” shall be amended at Section 4-4, entitled “Regulations,” by adding the following new sections:
"4-4.5 Modification of Hours of Operation of Licensed Premises Upon Petition of Licensee

a. Holders of a Retail Consumption License, a Plenary Retail Consumption License with “Broad Package Privilege”, or a Club License may petition the Governing Body of the Borough for a two hour modification and extension of its hours of operation until 2:00a.m. Subject to the provisions of section 4-4.6 (relating to hearings on petitions) the governing body may grant said petition by resolution.

b. The period to be covered by a petition for modification and extension and the period of any modification and extension granted by resolution of the governing body shall commence on July 1 of a given year and continue through June 30 of the subsequent year.

c. Holders of a Retail Consumption License, a Plenary Retail Consumption License with “Broad Package Privilege”, or a Club License shall file their petition for a modification and extension of hours of operation at least sixty days prior to the expiration of the license.

d. The granting of any modification and extension of hours of operation to the holder of a Retail Consumption License, a Plenary Retail Consumption License with “Broad Package Privilege”, or a Club License shall be conditioned upon a petitioning licensee remitting to the Borough a sum equal to the Occupancy Factor (which number shall not be less than zero), determined in accordance with the provisions of subsection (e), multiplied by the Remittance Amount, determined in accordance with the provisions of subsection (f).

e. Any licensee petitioning for a modification and extension shall set forth in their petition the Occupancy Factor for the premise that is the subject of the petition. The Occupancy Factor shall be:

(1) the lesser of:
(A) the maximum occupancy level for the licensed premise; or
(B) the occupancy of those specific areas of the licensed premises where alcohol will be sold, served, delivered or consumed between the hours of 12:00a.m and 2:00a.m. on any day during the period set forth in subsection (b). Those specific areas are to be delineated by the holders of a Retail Consumption License, a Plenary Retail Consumption License with “Broad Package Privilege”, or a Club License in their petition for modification and extension. The occupancy level of the delineated areas shall be the Alternative Occupancy Level.
(2) the number determined under (1)(A) or (B) shall be reduced by two-hundred (200). (See Footnote 1)
(3) The sale, service, delivery or consumption of alcohol in any area not included in the calculation of the Alternative Occupancy Level under (1)(B), above, is strictly prohibited and shall constitute grounds for the imposition of any penalties provided by Borough Ordinance or other applicable law, including, but not limited to, the revocation of the modification and extension granted pursuant to the petition. In the event of a revocation of the modification and extension granted pursuant to the petition, the holder of a Retail Consumption License, a Plenary Retail Consumption License with “Broad Package Privilege”, or a Club License shall remain liable for the full amount determined under subsection (d) and no petition for modification and extension for any subsequent period may be submitted until any amounts due for a prior period are satisfied in full.

f. The Remittance Amount for the holder of a Retail Consumption License or a Plenary Retail Consumption License with “Broad Package Privilege”, shall be $60.00 per person of occupancy per annum for the requested two hour modification and extension. For the holder of any Club license, the Remittance Amount shall be the amount applicable to a Retail Consumption License or a Plenary Retail Consumption License with “Broad Package Privilege” multiplied by the ratio of the Club license fee to the Retail Consumption License or Plenary Retail Consumption License with “Broad Package Privilege “remittance as set forth in section 4-3.1(a).

g. The amount of any remittance determined under subsection (d) shall be paid to the Borough at the time a petition for modification and extension is submitted.. Any refund or any additional remittance, determined by the Governing Body when reviewing the petition shall be returned the license holder or paid to the Borough, within 30 days of the determination by resolution of the Governing Body. No petition for modification and extension for any subsequent period may be submitted until any amounts due for a prior period are satisfied in full."


"4-4.6 Hearing On Petition on Modification and Extension of Hours of Operation


a. No petition to modify and extend the hours and extent of operation of a license shall be refused until after a hearing is held on due notice to the licensee and the public, at which time the licensee and the public shall be entitled to be heard upon the merits of the application.

b. All written objections and petitions protesting the petition to modify and extend hours of operation of the license shall be dated and signed.

c. The hearings permitted or required by this section, 4-4.6, may, at the discretion of the governing body, be scheduled at the same time as any hearing on the renewal of a liquor license."


"4-4.7 Transitional Rules For Modifications And Extensions Covering The Period July 1, 2012 through June 30, 2013

a. For modifications and extensions from July 1, 2012 through June 30, 2013, the holders of a Retail Consumption License, a Plenary Retail Consumption License with “Broad Package Privilege”, or a Club License must submit any petition for a modification and extension of hours of operation to the Borough on or before May 24, 2012.

b. Any timely filed petition for a modification and extension of hours of operation for the period July 1, 2012 through June 30 shall be submitted to the Governing Body for determination and memorialization and hearing, if necessary, no later than June 29, 2012.

SECTION II: In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

SECTION III: All ordinances or parts thereof, which are inconsistent with the provisions of this ordinance are hereby repealed to the extent of their inconsistencies.

SECTION IV: The provisions of this Ordinance, shall take effect immediately upon its adoption.


NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 17th day of April 2012 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 1st day of May 2012 at 7:00 P.M. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place a person desiring to be heard will be given opportunity to be heard.


Maryann Ellsworth, RMC
Municipal Clerk


FOOTNOTE (1): Thus, by way of example and not limitation, a license holder with a maximum occupancy of 300 persons who uses the maximum occupancy level under section (e)(1)(A) would have an occupancy factor of 100. If that same license holder instead delineated specific areas for the sale, service, delivery or consumption of alcohol and the occupancy of the delineated areas (the Alternative Occupancy Level) was 190, the license holder would have an Occupancy Factor of zero.


Published April19, 2012 | New Ordinances | 1354


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