N.J. Admin. Code § 13:2-5.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 13:2-5.3 - Special permit for a golf facility

(a) Application for a special permit may be made to the Director by any individual, partnership, corporation, limited liability company, or other type of legal entity which owns and operates or leases and operates a golf facility whereby said golf facility is authorized to sell open containers of alcoholic beverages for immediate consumption to members, guests of members and guests of the facility. For the purposes of this subsection:

1. A "golf facility" is defined as a golf course consisting of a minimum of 18 holes spaced over at least 5,000 linear yards;

2. A "member" is defined as a person who, by virtue of the payment of not less than $ 500.00 or other reasonable consideration, receives the right to use the golf facility for a period of not less than one year, after filing a membership application and waiting at least three days subsequent to the filing thereof;

3. A "guest of a member" is defined as an individual who is expressly invited to the golf facility by an individual member and who is personally attended by the individual member at the golf facility; and

4. A "guest of the facility" is defined as an individual specifically invited to the golf facility by the owner or management of the facility without charge.

(b) The term of a special permit for a golf facility shall be from July 1 through June 30 unless otherwise specified. The fee for the permit shall be $ 2,000, payable with the application to the Division of Alcoholic Beverage Control.

(c) All applicants for a special permit for a golf facility must be qualified to hold an alcoholic beverage license as provided in the Alcoholic Beverage Control Act, 33:1-1 et seq. The application must be supported by the following documents before the special permit may be issued by the Director:

1. A letter of applicant detailing manner and method of proposed operation under permit;

2. A plan or sketch of the premises to be used in accordance with permit;

3. If the applicant is incorporated, a copy of its certificate of incorporation; if the applicant is an association, a copy of its charter;

4. A license application, including evidence that a copy of the application has been filed with the municipal issuing authority of the municipality in which the facility is located;

5. Affidavit of publication by newspaper in which notices of application has appeared, as hereinafter provided; and

6. Any other information or documents requested by the Director.

(d) Within 10 days subsequent to the filing of the application with the Director, the applicant shall cause to be published a notice of application once a week, for two weeks successively, at least seven days apart, in a newspaper printed in the English language, published and circulated in the municipality in which the premises sought to be authorized are located. If, however, there shall be no such newspaper, then such notice shall be published in a newspaper printed in the English language, published and circulated in the county in which said premises are located.

(e) Notice of application shall be published in the following form:

-NOTICE-
ALCOHOLIC BEVERAGE PERMIT
TAKE NOTICE THAT		_____________________________
		(Name of Applicant)
has applied to the DIRECTOR of the New Jersey DIVISION OF ALCOHOLIC
BEVERAGE CONTROL for a SPECIAL PERMIT FOR A GOLF FACILITY for premises
situated at
________________________________________________
(No.) (Street) (Municipality)
The person(s) who will hold an interest in this permit is/are:
See *
See ** to insert other information applicable
Objections, if any, should be addressed to the Director, Division of
Alcoholic Beverage Control, PO Box 087, Trenton, New Jersey 08625.
_________________________________________________
(Name of Applicant)
_________________________________________________
(Address of Applicant)
*If the applicant is an individual, insert the name and residence
address of that individual.
If the applicant is a corporation, insert the names and residence
address of all officers and all directors, and the names and residences of all
stockholders holding one percent or more of any of the stock of the applicant
corporation or any corporation that is a stockholder in the applicant
corporation.
If the applicant is a partnership, insert the name of the partnership
and the names and residence address of all partners and any limited partners
holding an interest of one percent or more.
If the applicant is a limited liability company, insert the name of the
limited liability company, and the names and addresses of all officers and
members.
**If the application is for a building not yet constructed, insert in
the Notice the following: "Plans of building to be constructed may be examined
at the office of the Director of the Division of Alcoholic Beverage Control,
140 East Front Street, Fifth Floor, Trenton, New Jersey 08625."

(f) Upon timely receipt of a duly signed written objection to the issuance of a special permit for a golf facility, the Director will afford a hearing to all parties and notify the applicant and the objector of the date, hour and place thereof. The Director may, in his sole discretion, issue a temporary special permit pending the hearing. No hearing need be held if no objection is lodged, but the application shall not be denied without first affording the applicant an opportunity to be heard.

(g) The holder of a special permit for a golf facility shall be entitled to purchase alcoholic beverages only from the holders of New Jersey wholesale licenses. Said permittee is expressly prohibited from purchasing alcoholic beverages from retail licensees and from selling or offering for sale alcoholic beverages for off-premises consumption.

(h) All membership applications received by the holder of a special permit for a golf facility shall be on file, dated and available for inspection by law enforcement officers. The holder of a special permit for a golf facility may serve alcoholic beverages to members of the golf facility, guests of members and guests of the golf facility, and those attending a social gathering, if such social gathering is directly related to playing golf on the golf course the same day. Each member shall be limited to a maximum of three guests per day who may be served alcoholic beverages by the permitted golf facility. The holder of a special permit for a golf facility may also sell alcohol to those attending a private affair, such as a wedding, anniversary, confirmation, bar mitzvah or birthday party, honoring a spouse, child, parent, brother or sister of a facility member. This does not include a charitable event sponsored by a member. A list of each scheduled golf-related social gathering to be held at the permittee's facility shall be filed with the Division of Alcoholic Beverage Control and the municipality where the facility is located at least 72 hours before the event. The list shall contain the date and time of the social gathering, and the name of the member or members hosting such gathering and to be in attendance with the guests at the gathering or a statement that the golf facility is the host of the social gathering.

(i) No alcoholic beverages shall be sold on the permittee's premises other than that sold by the permittee. All payments for alcoholic beverages consumed by a member or the guests of a member shall be made by that member or guest to the permitted facility. Alcoholic beverages consumed by guests of the facility must be purchased either by the guest of the facility himself or herself or by the facility in a recorded transaction. The facility shall be required to maintain a list of such guests of the facility by date. In addition to alcoholic beverages sold by the permittee, consumption of alcoholic beverages is allowed to take place on the permitted golf facility premises if such alcoholic beverages are provided by alcoholic beverage licensees or permittees (other than the special golf facility permittee), such as licensees with catering permits or social affair permittees. No more than 25 social affair permits shall be granted within one calendar year for use at the permitted premises.

(j) Consumption of alcoholic beverages is allowed at private parties or events held at the permitted golf facility, for which the golf facility permittee is precluded from selling alcohol, with the following conditions:

1. The alcohol consumed must be provided by the host of the private party or event and obtained from a retail licensee other than the golf course permittee;

2. No alcohol to be used at such private party or event can be stored at the permitted golf facility for more than 48 hours; and

3. Any alcohol not consumed at the private party or event must be removed at the termination of the party or event.

(k) The special golf facility permittee may provide and charge for bartending or other ancillary services, but may not charge for, or be an agent for the purchase of, the alcoholic beverages to be provided for any such private party or event at the permitted golf facility for which consumption of alcoholic beverages is allowed, but for which sale of alcoholic beverage by the permitted golf facility is prohibited.

(l) The Director may impose special conditions on any permit.

(m) The holder of a special permit for a golf facility must abide by all provisions of the New Jersey Alcoholic Beverage Control Act, Division rules and municipal ordinances as they pertain to retail licensees. Failure to do so may result in disciplinary proceedings against the permittee. Hours of sale shall not exceed those permitted in the municipality in which the golf facility is located.

N.J. Admin. Code § 13:2-5.3

New Rule, R.2003 d.17, effective 1/6/2003.
See: 34 N.J.R. 3196(a), 35 N.J.R. 253(a).
Former N.J.A.C. 13:2-5.3, Special permit for the sale or purchase of alcoholic beverages, recodified to N.J.A.C. 13:2-5.4.
Special amendment, R.2003 d.311, effective 7/3/2003 (to expire January 3, 2004).
See: 35 N.J.R. 3707(a).
In (b), substituted "$ 2,000" for "$ 1,000" following "for the permit shall be".
Adopted concurrent amendment, R.2003 d.470, effective 11/5/2003.
See: 35 N.J.R. 3707(a), 35 N.J.R. 5427(a).
Provisions of R.2003 d.311 adopted without change.
Amended by R.2006 d.67, effective 2/21/2006.
See: 37 N.J.R. 3221(a), 38 N.J.R. 1193(a).
In introductory paragraph (a), added ", limited liability company,"; in (c)4, substituted "A license application, including evidence" for "Evidence."
Amended by R.2011 d.234, effective 9/6/2011.
See: 43 N.J.R. 557(a), 43 N.J.R. 2354(a).
Rewrote (h); in (i), substituted "sold" for the first occurrence of "consumed", and inserted the last two sentences; added new (j) and (k); and recodified former (j) and (k) as ( l) and (m).