[HISTORY: Adopted by the Township Council of the Township of Springfield
12-14-1994 as Ch. VI of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 91.
This chapter is enacted to regulate the sale and transportation of alcoholic
beverages in the Township of Springfield, in accordance with the provisions
of the Act of Legislature entitled “An Act Concerning Alcoholic Beverages,”
N.J.S.A. 33:1-1 et seq., as supplemented and amended, and in accordance with
the rules and regulations issued or to be promulgated by the State Director
of Alcoholic Beverage Control applicable thereto.
For the purpose of this chapter, relevant words and phrases herein shall
have the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules and regulations
of the Director of the Division of Alcoholic Beverage Control.
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be subject to the act, rules and regulations referred to in § 42-1 and shall be subject to any other statutes of New Jersey or of the United States.
B.
Issuing authority. The Township Council shall constitute
the authority for the administration of issuance of licenses under this chapter
and shall forthwith report the issuance of all such licenses to the State
Director of Alcoholic Beverage Control.
C.
License required. It shall be unlawful to sell or distribute or transport alcoholic beverages in the Township without a license previously applied for and granted pursuant to the provisions of the act referred to in § 42-1 and the provisions of this chapter.
D.
License fees; maximum number. License fees shall be as set forth in Chapter 91, Fees. The maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
|
Class of License
|
Number of Licenses
| |
|---|---|---|
|
Plenary retail consumption license
|
3
| |
|
Plenary retail distribution license
|
1
| |
|
Club license
|
1
|
E.
Location restriction.
(1)
No plenary retail consumption or plenary retail distribution
license shall be issued for or transferred to premises located within 600
feet of premises for which a plenary retail consumption or plenary retail
distribution license is outstanding in the Township.
(2)
This subsection shall not apply to the transfer of a
plenary retail consumption or plenary retail distribution license forced to
move by action of the Township in carrying out the provisions of the Master
Plan or plans of a similar nature, nor shall this subsection prevent renewals
or person-to-person transfers of existing licenses.
(3)
The distance hereinabove set forth shall be measured
in a normal way that a pedestrian would properly walk from the nearest entrance
of a licensed premises to the nearest entrance of the premises sought to be
licensed.
A.
Hours of sale. No licensee shall serve, deliver or allow,
permit or suffer the sales, service or delivery of any alcoholic beverage
in this Township:
[Amended 5-11-2005 by Ord. No. 2005-5]
B.
Persons on premises during prohibited hours. During the
hours when the sale, service, delivery or consumption of alcoholic beverages
is prohibited, the licensed premises shall be closed to the general public
and the only persons permitted to remain on the premises shall be the licensee
and bona fide employees of the licensee. This provision shall not apply to
bona fide hotels or restaurants in the operation of their primary business,
excluding the sale, service, delivery or consumption of alcoholic beverages.
C.
Sales to certain persons prohibited. No licensee or employee
of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic
beverages to any habitual drunkard, intoxicated person or minor, nor permit
the consumption of alcoholic beverages on any licensed premises by any of
the above named classes of persons nor permit any such persons to congregate
in or about the licensed premises.
D.
Display of license. Each licensee shall display the license
certificate issued under this chapter in the licensed premises in such a manner
and place that it can be seen by anyone entering the licensed place of business.
The license certificate shall be framed and under glass.
E.
Disturbances and nuisances. No licensee shall permit
any brawl, act of violence, disturbance or unnecessary noise in any licensed
premises. No licensee shall permit the licensed premises to be conducted in
such a manner as to become a nuisance.
F.
Display of ordinance. All holders of plenary retail consumption
licenses issued by the Township shall cause at least one copy of this section
to be exhibited in a conspicuous place in the licensed premises.[1]
[1]
Editor's Note: Former § 6-5, Minors, which immediately followed
this section, was deleted 7-14-2004 by Ord. No. 2004-13.
A.
Any license issued under this chapter may be suspended
or revoked for violation of any of the provisions of this chapter or any provision
of any applicable statute or any of the rules or regulations of the Director
of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be in
accordance with the provisions of N.J.S.A. 33:1-31 by service of a five-day
notice of charges preferred against the licensee and affording a reasonable
opportunity for hearing.
C.
Suspension or revocation of a license shall be in addition
to any other penalty which may be imposed for a violation of this chapter.
