File #: 23-1637    Version: 1 Name: Ordinance: Amending Title 4, Chapter 3 The Regulation of Licenses Section 2 1K Foot Rule - Transfer to Transfer (MS)
Type: Ordinance Status: Adopted
File created: 10/13/2023 In control: Municipal Council and City Clerk
On agenda: 10/18/2023 Final action: 11/1/2023
Title: AN ORDINANCE AMENDING TITLE IV, ALCOHOLIC BEVERAGES, CHAPTER 4, THE REGULATION OF LICENSES, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED TO AMEND SECTION 4:3-2, ONE THOUSAND FOOT RULE; EXCEPTIONS, FOR PLACE-TO-PLACE TRANSFER OF ALCOHOLIC BEVERAGE LICENSE. Sponsor(s): Council Member, Michael J. Silva
Sponsors: Michael J. Silva, Council of the Whole
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
11/1/20231 Municipal Council Close on Public Hearing and AdoptPass Action details Meeting details Video Video
10/18/20231 Municipal Council Advance and Adopt on First Reading as 6F-Pass Action details Meeting details Video Video
10/18/20231 Municipal Council Amend and advance to first readingPass Action details Meeting details Video Video
Title
AN ORDINANCE AMENDING TITLE IV, ALCOHOLIC BEVERAGES, CHAPTER 4, THE REGULATION OF LICENSES, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED TO AMEND SECTION 4:3-2, ONE THOUSAND FOOT RULE; EXCEPTIONS, FOR PLACE-TO-PLACE TRANSFER OF ALCOHOLIC BEVERAGE LICENSE.

Sponsor(s): Council Member, Michael J. Silva

body

WHEREAS, N.J.S.A. 33:1-12.16 permits a municipality to regulate, by ordinance, the renewal or transfer of existing alcoholic beverage license; and

WHEREAS, N.J.A.C. 13:2-7.1 et seq., sets forth Rules and Regulations governing transferability of license; and

WHEREAS, the Ordinance needs to be amended to reflect current business practices.

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.

SECTION 1. Title IV, Alcoholic Beverages, Chapter 4:3, The Regulation of Licenses, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, is amended and supplemented, to amend Section 4:3-2, One Thousand Foot Rule; Exceptions as follows:

CHAPTER 4, The Regulation of Licenses

? 4:3-1.7 TRANSFER FROM PLACE TO PLACE TO COMPLY WITH STATE REQUIREMENTS.

An application for a transfer from place to place shall meet the requirements of publication and the form in relation thereto and due proof thereof shall be filed, all as required by the Rules and Regulations of the State Department of Law and Public Safety, Division of Alcoholic Beverage Control of the State.

? 4:3-2 ONE THOUSAND FOOT RULE; EXCEPTIONS.

a.
To encourage the reasonable distancing of retail establishments:
1.
No Plenary Retail Consumption License may be transferred to any location within 1,000 feet of any church or public schoolhouse or private schoolhouse not conducted for pecuniary profit.
2.
No Plenary Retail Distribution License may be tr...

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