Hoboken
NJ

CC - Ordinance
19-508
1st Reading
Jun 19, 2019 7:00 PM

An Ordinance Amending Hoboken City Code Chapter 68 "Alcoholic Beverages" at Section 68-4 "Hours of Business"

Information

Department:City CouncilSponsors:
Category:Amendment

Body

NOW, THEREFORE, the City Council of the City of Hoboken does hereby Ordain as follows (additions noted in underline, deletions noted in strikethrough):

SECTION ONEAmendments to Hoboken City Code Chapter 68 “Alcoholic beverages” at §68-4Hours of business:

 

Section One: The following amendments shall be made to the Hoboken City Code Chapter 68 “Alcoholic Beverages” at § 68-4 “Hours of business”

 

§ 68-4 Hours of business.

 

A. No licensee shall serve, deliver or allow, permit or refer the sale, service or delivery of any alcoholic beverages or allow or permit the consumption of any alcoholic beverage on the licensed premises on:

 

(1)   New Year's Day, when it is a Sunday, between the hours of 5:00 a.m. and 11:00 a.m., and on New Year's Day, when it is any day other than a Sunday, between the hours of 5:00 a.m. and 6:00 a.m.;

(2)   Any day for which Hoboken City Hall is designated, in writing, as closed due to a holiday, between the hours of 3:00 a.m. and 6:00 a.m.;

(3)   Any other Sunday, between the hours of 3:00 a.m. and 11:00 a.m. 10:00 a.m., except that in those years that Christmas Eve (December 24) and New Year's Eve (December 31) fall on a Sunday, plenary distribution licensees may also sell and deliver alcoholic beverages for consumption off of their premises between the hours of 9:00 a.m. and 11:00 a.m.;

(4)   Any other Saturday, between the hours of 3:00 a.m. and 6:00 a.m.;

(5)   Any other Monday, Tuesday, Wednesday, Thursday or Friday, between the hours of 2:00 a.m. and 6:00 a.m.

 

B. No licensee of an establishment that chooses to serve alcoholic beverages shall permit patrons to enter the premises after 2:00 a.m. in the morning on Saturday and/or Sunday. The provisions of this subsection shall not apply to those licensees that choose not to serve alcoholic beverages after 2:00 a.m. in the morning on Saturday and/or Sunday. Those licensees that choose to make this election must notify the City Clerk by August 1 of each year of their election. This election shall be effective for a one-year period.

 

C. A licensee of an establishment that chooses to serve alcoholic beverages shall impose a closing time of 3:00 a.m. in the morning on Saturday and/or Sunday and 2:00 a.m. in the morning on all other days. The provisions of this subsection shall not apply to those licensees that choose not to serve alcoholic beverages after 2:00 a.m. in the morning on Saturday and/or Sunday. Those licensees that choose to make this election must notify the City Clerk by August 1 of each year of their election. This election shall be effective for a one-year period.

 

SECTION TWO: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION THREE: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION FOUR:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION FIVE:  CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

 

Meeting History

Jun 19, 2019 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:1ST READING [UNANIMOUS]Next: 7/10/2019 7:00 PM
MOVER:Emily Jabbour, Council-at-Large
SECONDER:James Doyle, Michael Russo
AYES:Peter Cunningham, Mike DeFusco, James Doyle, Vanessa Falco, Tiffanie Fisher, Emily Jabbour, Ruben Ramos, Michael Russo, Jennifer Giattino