West Cape May Introduces Liquor License Regulations Ordinance

WEST CAPE MAY — Borough Commission introduced an ordinance July 22 to regulate the sale of alcoholic beverages in the borough, which includes a nightly closing time of 10 p.m.
From the formation of West Cape May, not a drop of liquor has been sold. Voters approved a non-binding referendum
November 4, 2008, permitting the sale and distribution of alcoholic beverages in the borough.
If the ordinance is approved, following a public hearing Aug. 26 at 1 p.m., Borough Commission would offer for bid one retail consumption license and one retail distribution license. The first would allow alcohol sales at a restaurant; the second would permit alcoholic beverage sales at a liquor store.
The annual fee for the sale or distribution of alcoholic beverages in the borough would be $2,500 for each of the licenses.
The ordinance does not allow liquor to be sold or served in a restaurant weekdays between the hours of 10 p.m. and 10 a.m. In addition: no retail liquor sales would be permitted weekdays from 10 p.m. to 9 a.m.
The ordinance does not allow alcoholic beverages to be sold or served in a restaurant on Sundays from 10 pm. to 10 a.m. A retail store would not be permitted to sell liquor on Sundays from 10 p.m. to noon.
The ordinance notes: no licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above named classes or persons, or permit any such persons to congregate in or about the licensed premises.”
The ordinance regulates music at an establishment that serves alcohol specifying that “any vocal or instrumental music shall require such vocal or instrumental music to end one hour before the time when the sale of alcoholic beverages are required to stop; and, shall be subject to compliance with the Borough of West Cape May noise ordinance.”
All licensees shall provide for the air conditioning of the premises and it shall be of sufficient capacity so that the windows and doors in the establishment may remain closed so as not to disturb the neighborhood. The windows and doors shall, in fact, be kept closed when necessary so as not to disturb the neighborhood.”
In addition, no licensee shall operate within 1,000 feet of a public building, school or house of worship.
The borough will not issue club licenses.
Establishments that violate the regulations may have their license revoked or suspended. Proceedings for suspension or revocation will be preceded by five days notice of charges against the licensee and affording a reasonable opportunity to for a hearing.
All funds received by the borough through the bidding process for the purchase of each liquor license and annual renewal fees will be “invested in a dedicated trust fund to be used solely to provide tax relief for Borough of West Cape May Residents.”
“Withdrawals from such dedicated fund shall require a resolution by the Borough Commission detailing how such withdrawal shall be utilized for the benefit of taxpayers and designating to which line item of the annual budget such withdrawal shall be added,” notes the proposed ordinance.
Mayor Pamela Kaithern said if the ordinance passes, Borough Commission will have bid specifications prepared for the two licenses. She said bid packages could be ready early in September.
No minimum prices have been set for the liquor licenses. Discussion by Borough Commission over the past two years has centered around a minimum bid price of $650,000 for a restaurant license and $750,000 for a retail license, based on the recent sale price of licenses in neighboring towns.