[Adopted 6-21-1940 (Secs. 2.08.010 through 2.08.120 of
the 1995 Code)]
[Amended 11-24-1961 by Ord. No. 1961-20; 5-9-1972 by Ord. No. 1972-11]
Not more than five plenary retail consumption
licenses for the sale of alcoholic beverages shall or may be issued
and outstanding at any one time in the Township.
[Amended 11-24-1961 by Ord. No. 1961-20; 4-28-1970 by Ord. No. 1970-15; 12-6-1995 by Ord. No. 1995-24; 8-20-2003 by Ord. No. 2003-10]
[Added 6-9-1959 by Ord. No. 1959-10;
amended 4-27-1971 by Ord. No. 1971-11; 1-25-1972 by Ord. No. 1972-2; 5-9-1972 by Ord. No.
1972-11; 4-24-1973 by Ord. No. 1973-7; 4-9-1974 by Ord. No. 1974-2; 3-11-1975 by Ord. No. 1975-2; 7-8-1975 by Ord. No. 1975-7; 6-14-1977 by Ord. No.
1977-13; 3-11-1980 by Ord. No. 1980-6; 8-20-2003 by Ord. No. 2003-10; 8-18-2004 by Ord. No. 2004-16; 12-7-2005 by Ord. No.
2005-30]
A.
Licensed authorized. Not more than two plenary retail
distribution licenses shall be issued and outstanding at any one time.
B.
Annual fee. The annual fee for a plenary retail distribution license shall be as set forth in Chapter 265, Fees.
C.
Prequalification and sale process.
(1)
Auction. When the governing body determines, in its
discretion, to award an available license, it shall sell the license
at auction in accordance with the provisions of Title 33 of the New
Jersey Statutes, and the regulations of the New Jersey Division of
Alcoholic Beverage Control, and upon such terms and conditions as
the Township Committee deems to be lawful, reasonable and in the best
interests of the municipality.
(2)
The governing body may bet a minimum bid amount and
shall reserve the right to reject all bids for any reasons it determines
to be in the best interests of the municipality.
(3)
Prequalification. All bidders shall prequalify, in
the manner specified by the governing body. In addition to such requirements
as the governing body shall impose, the prospective bidders, as part
of the prequalification process, shall submit proof of financial ability
to undertake the purchase of the license and the contemplated project;
information regarding the type, size and special features of the contemplated
licensed premises; and records of past alcoholic beverage control
violations involving the prospective bidder or the bidder's principals,
i.e., owners of more than a 10% equity or debt interest. Furthermore,
prospective bidders are required to fulfill any and all requirements
of the Cinnaminson Township Police Department, and shall supply any
and all information requested by the Police Department as part of
the Township's prequalification process. Failure to do so may, at
the discretion of the Township, result in a prospective bidder being
found unqualified to bid.
(4)
Notice.
(a)
A notice of sale shall be issued which specifies
the time and place at which bids shall be received and opened, and
that all prospective bidders shall be notified of the required qualifications
no less than 20 days prior to the bid opening.
(b)
The notice shall further specific that at what
time, place and manner in which the prequalification and bid applications
may be obtained, and the date on which they are to be submitted.
D.
In the event that Title 33 the Revised Statues is
modified or amended in such a way as to impact these provisions, the
state statute and administrative regulations shall control where inconsistent
with local ordinance.
[Added 6-9-1959 by Ord. No. 1959-10;
amended 4-27-1971 by Ord. No. 1971-11; 1-25-1972 by Ord. No. 1972-2; 4-24-1973 by Ord. No.
1973-7; 4-9-1974 by Ord. No. 1974-2; 3-11-1975 by Ord. No. 1975-2; 6-14-1977 by Ord. No. 1977-13; 3-11-1980 by Ord. No. 1980-6; 8-20-2003 by Ord. No.
2003-10; 8-18-2004 by Ord. No. 2004-16]
The annual fee for each and every plenary retail consumption license that shall hereafter be issued in said Township be and the same is hereby fixed at the sum of as set forth in Chapter 265, Fees.
[Amended 6-11-1963 by Ord. No. 1963-9A]
No licensee shall sell, serve, deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverages
on the licensed premises between the hours of 2:00 a.m. and 7:00 a.m.
of any weekday; except and provided, however, that on the first day
of January, if the same be a weekday, no alcoholic beverage shall
be sold in the said Township between the hours of 3:00 a.m. and 7:00
a.m. of said day; or permit any consumption of any alcoholic beverages
on the licensed premises between the hours of 2:00 a.m. and 7:00 a.m.
of any weekday; except and provided, however, that on the first day
of January, if the same be a weekday, no alcoholic beverage shall
be consumed on licensed premises between the hours of 3:00 a.m. and
7:00 a.m. on said day.
[Amended 7-14-1964 by Ord. No. 1964-14; 12-14-1988 by Ord. No. 1988-25; 12-13-1989 by Ord. No. 1989-28; 2-15-1995 by Ord. No. 1995-2; 12-15-2004 by Ord. No. 2004-20; 4-19-2010 by Ord. No. 2010-8]
A.
No plenary retail consumption licensee or club licensee
shall sell, serve, deliver or allow, permit or suffer the sale, service
or delivery of any alcoholic beverages or permit any consumption of
any alcoholic beverages on the licensed premises between the hours
of 2:00 a.m. and 7:00 a.m. on Sunday; except and provided, however,
that on the first day of January, if the same be a Sunday, no alcoholic
beverages shall be sold by said licensees in said Township between
the hours of 3:00 a.m. and 7:00 a.m. of said day.
B.
No plenary retail distribution licensee shall serve,
deliver or allow, permit or suffer the sale, service or delivery of
any alcoholic beverages on the licensed premises between the hours
of 2:00 a.m. and 7:00 a.m. on Sundays; provided, however, that on
the first day of January, if the same be a Sunday, no alcoholic beverages
shall be sold by the licensee in said Township between the hours of
3:00 a.m. and 7:00 a.m. of said day.
The hours hereinbefore mentioned shall be the
prevailing time as observed in said Township.
No person shall sell or offer for sale or have
in his or her possession for sale any alcoholic beverage or beverages
unless such sale, offer for sale or possession for sale shall be authorized
by a license duly issued, outstanding and valid.
Each and every license for the sale of alcoholic
beverages that shall be issued by virtue of the authority of this
article shall be issued subject to the Alcoholic Beverage Law of the
State of New Jersey and to the rules and regulations established by
the Commissioner of Alcoholic Beverage Control of said state, and
to the terms and provisions of this article and such other rules and
regulations as may hereafter be adopted by the Township Committee
of the Township.
Any license issued under the provisions of this
article may be suspended or revoked by the governing body of the Township
upon proof to the satisfaction of said governing body, after hearing,
of any violation by the holder of such license of the Alcoholic Beverage
Law of the State of New Jersey or the rules and regulations established
by the Commissioner of Alcoholic Beverage Control of said state, or
the terms and provisions of this article or any rules and regulations
that may hereafter be adopted by the governing body of the Township.
[Amended 12-7-2005 by Ord. No. 2005-30]
A.
Except as otherwise provided by Title 33 of the Revised
Statutes, any persons who shall violate any the provisions of this
article shall, upon conviction thereof, punishable by a fine of not
less than $100, but not to exceed $1,250 or by imprisonment in the
county jail, or any other place provided by the Township for the detention
of prisons, for a term not to exceed 90 days, or by a period of community
service note to exceed 90 days within the discretion of the court.
Each day such violation shall be continued shall be deemed and taken
to be a separate and distinctive offense. In the event that the provisions
of Title 33 of the New Jersey Statutes Annotated permit a greater
fine or penalty to be assessed, then the more severe sanction and
penalty shall be available to the Judge.
B.
Any license issued pursuant to this article may be
suspended or revoked for violation of any of the provisions of said
Alcoholic Beverage Control Act (N.J.S.A. 33:1-1 et seq.) or of any
of the rules and regulations promulgated or to be promulgated by the
Director of Alcoholic Beverage Control of the State of New Jersey
in accordance with said Act.
C.
Any person who shall knowingly aid or abet another
in violation of any provision of this article, shall be punished in
the same manner as the violation aided or abetted.
D.
Any attempt to evade this article or any provision
thereof, either directly or indirectly, by acquiescence of or collusion
of, or conveniences by any licensee, his agents, servants, and employees,
shall be considered a violation of this article punishable by a fine
or imprisonment, or both, and cause for revocation of any license
issued hereunder.
