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Home My Public Portal AboutOrd. 10-003 No. 10-3 @rotuattte of tq? ~orougq ofC1Iarterd1 ~ ~ W ~ Councilman Presents the following Ordinance Seconded by Councilman AlVIENDING & SUPPLE!';IENTING CHAPTER 71 ENTITLED "ALCOHOLIC BEVERAGES" OF THE CODE OF THE BOROUGH OF CARTERET Carteret (the "Borough") that the Code of the Borough is hereby ameuded aud BE IT ORDAINED by the Mayor and Borough Council of the Borough of supplements as follows: Section 1. ~71.3. "Administrative authority; enforcement" is hereby amended aud supplemented to add the following new paragraph: C. Recovery arCosts of Disciplinary Hearings. In order to recoup the costs and fees incurred in or arising out of the institution and holding ofa disciplinary hearing held pursnaut to N.J.S.A. 33:1-31, the Mayor aud Council oftlle Borongh ofCarteret shall have the authority, to impose upon a licensee who, as a result of a disciplinary hearing, is found to have violated auy of the Alcoholic Beverage Ordinauces of the Borough or Alcoholic Beverage Control laws and regulations afthe State, or who, after the commencement of a disciplinary hearing, enters into a settlement agreement in which liability is acknowledged, the reasonable costs aud legal fees incurred by the Borough, including for Legal Counsel to the Governing Body and Special Prosecutor, involving or arising out of the hearing, including charges, preparation for the hearing, and prosecution of the charges. After a detemrlnation of liability or settlement, the Chief Administrative Officer will determine the costs and fees and shall inform the licensee in writing the amount assessed and the basis for the calculation of the fees and costs assessed. If the licensee contests the amount ofthe fees, the licensee shall, within ten (10) business days of receipt of the assessment and calculation of costs and fees, submit written objections to the assessment or the amount. The Governing Body shall then make a tmal determination on the assessment of the fees and costs. The licensee's right to appeal from the finding of liability for violations, and/or the assessment of fees and costs, if any, shall commence upon the final detennination of the Chief Administrative Officer as to the assessment of fees and costs. lfthe parties resolve the charges by settlement agreement after the commencement of a hearing, the parties may provide in the agreement for payment of a specified amount of costs and fees. -. 10-3 rAGE 2 NO. Section 2. *71w4. "Prerequisites to issuance of license" is hereby amended aud supplemented to change the title of this Section and to add the following new paragraphs: *71.4. "Prerequisites to issuance and renewal of license,lI B. No license shall be issned to auy person not fully qualified under the provisions of the Alcoholic Beverage Law and the rules and regulations of the Director. C. Orientation and Education. As a precondition of renewal of auy type of retail consumption license aud of any type of retail distribution license, the licensee shall, on an annual basis, attend an Orientation and Education Program provided by the Borough, to be offered at a date and location as determined by the Borough. The notice for said Orientation and Education Program shall be included with the annual renewal application. Attendance at the program shall be by any person listed as a shareholder, partner, officer, or director on the application for a license, as modified at any time after issuance of the license, or by a general manager, manager or other person who regularly perfonns as the primary person in charge of the daily operations of aud in the licensed premises. Any licensee who fails to attend the initial session of the Orientation and Education Prograul will have the opportunity to make-up the session at a cost of two hundred fifty ($250.00) dollars. There will be one (1) make-up session per year. Failure to attend either of the sessions will be cause for nOll-renewal of the liquor license. Section 3. All ordinances or parts thereof inconsistent with the provision of this ordinance are hereby repealed limited to the extent of any such inconsistency. Section 4. If any section, paragraph, sub-division, clause or provision of this ordinauce is adjudged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause or provision so adjndged and the remainder of this ordinance shall be deemed valid and effective. Section 5. TIus ordinance shall take effect upon its passage and publication according to applicable law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY 'A.B. X KRlM x x t'WlES x DJAZ or M>\'UO x S1J2l.RZ x x . Indicate VOle AB. Absent NV . Not Voting XOR . Indicates Vote to Overrule Velo Mn:ch 18, LDlO AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1) time(s), once in each issue as follows: March 22, 2010 { I (~/h.d....: / ('7 R.~~~ / Notary Public of New Jersey /ij;~M4f1/~O Kathleen M. Barney, MMC Municipal Clerk UNDA A RIVERA MY ~OT~R; PUBLIC OF NEW,IERSEY COf\JJ,w,SSION EXPIRES MAY 2, 2011 Sworn and subscribed before me thiS:br?vdday of h ~( :J-O)(J {J r-I. #10-3 BOROUGH OF CARrEREl AMENDING & SUPPlEMENTlNGCHP.PTER 71..ENTlTlEO"ALCOHOlIC BEVERAGES" OfTHf:?OD~~kilW~OR?Y~ti?F T41e.. foregoing .Ordlnaocewas IIl~f()dLJc$dat ~a'li~fJin~e?~ .t~~i~~LJ~~~ .~flWw~AOYr~:l aljopte(Jon FlrS:l. Reading. Tl1esaidOrdl- flanc~wUllleflJrtherconslderef.tonSecol)(l He<ldlng f()r Final Adopting ata nweling()f sa!dCouncil. of the BOrough ..oJ..Carteretofl AnliJ, ,201 0 at aprroximatelY6:00P,M" MemonalMlJni-clpa > BllHdlng,61 ... CoQke Aventle, Carteret,. New Jerseyal whichUrne <l1:1(1.pla,ce aU persons Interested.....lIt .be. glve:n ~nopportunitytobe he~rd. . . KATI;it,:.EEN M.BARNI'.:Y;MMC MlJmclpal.Cle~ ($11.88) . 1141';0 !~O[l;H(i'CARlfREf () tvr:f ;);I~ 11::.).- '3, AMENDING & SUPPLEMENTING a-fAPTER 71 ENTrTlED 'ALCOHOLIC BEVERAGES' OF mE CODE OF THE BOROOGH OF CARTERET The Foregoir:@: Ordinance WM irtloduCed at a meuing of the CounC~ of th6 Borough of Calteret held March lB~ 210 when it was i1dopted on First Reading. ~ said ordi. <"""1)': will be further considered (l(l Second ( 'Qg for Final Adopting at a meeting of ')Uncil of the Borough ri Calteret on ,i 2010 at aprra:dmately 6:00 P.M., ~,~.",j(ial Mmicipa Burdirg, 61 Cooke Avenue, Calteret, New JerMY at whid1 time and place all persons interested will be s;ven an opportunity to be heald. KATHLEEN M. BARNEY, MMC Municipal Clelk ($11.88) 114160 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1) time(s), once in each issue as follows: Aoril12,2010 LINDA A RIVERA NOTA,R~PIJ8L1C OF NEW JERSEY MY GOM,ViI0S10N EXPIRES MAY 2, 2011 ~) )cr;ZC.L9/IP~()~. . Kathleen M. Barney, MMC / Municipal Clerk ~-/ a~~ Notary Public of New Jersey .-, O/Vtf. .# I 0- O~ Sworn and subscribed before me this 13,4,A day of ~..J , ;c:J- 0 / a BOROUGH OF CARrERET AMENDING 8. slip~t.EMENtIN~ CHAPTER71ENTlT"'ED~ALCOHOL;IC I3~YERAGES.OF:THECODEOFTtiE: .. " . ..bOROlJGHOFcAhtERET' .......... . A.PFRQVEDANP.J\DOPTtD: AprllB201ci IntroqY(':f,!d:M1.Ir~h18.20~O</'...'."" ,"; Ad'. ,rt.., IS ed a'a..dopledo of i"l,eadiogW'ith n<l:llc~.()f.Pub!lcHea;ring: Match 222(.)l f) ,'.... HearmgHeldiApril82010 ........................~. Appro'{ed By: Mayor6aniel J.Reiman' Advertlsed.......as.....finally.. adopted. Apiil13 2010 ............ ......... ......, ..... Kalhre;en M.t3arney ~~?y:~)al~l~rl\ 124295' BOOOllIH IHARIEREf ~ENOING & SUPPlEMENTING CHAPTER 71 ENTlTLED 'A!-COHOUC BEVERAGES' OF THE CODE OF THE BOROUGH OF CARTERET APPROVED AND ADOPTED, April 8, 2010 Introduced: March 18, 2010 A~elti~ il5, adopt'?d co firM readin[ with ,,~,,"('~tH~~~I~~ilfr~O~OrCh 22, 20 0 I ,!Xl By, MilY0r bilOel J. Reiman if sed as fmally adopted: Apfll 13, 2.010 Kalh!eeo M. Barney MuniciPill Clerk ($9.72) 124295 ~ ' (J?t1di)' I' / V (' f,' /d :J)