[Adopted 3-13-1978 by Ord. No. 78-3
as Art. I of Ch. 95 of the 1977 Code]
This article is adopted for the purpose of regulating
the possession, sale, distribution and transportation of alcoholic
beverages in the Township of Pennsauken, in the County of Camden and
State of New Jersey, in accordance with the provisions of an Act of
the Legislature entitled "An Act Concerning Alcoholic Beverages" (Chapter
436 of the Laws of 1933, as amended and supplemented, N.J.S.A. 33:1-1
et seq.), in accordance with the rules and regulations promulgated,
or to be promulgated, by the State Commissioner of Alcoholic Beverage
Control applicable hereto and in accordance with the rules and regulations
existing herein or hereafter adopted by competent municipal authority
not inconsistent with said Act or said rules and regulations of said
State Commissioner.
All applications for licenses under this article,
all licenses issued hereunder and all proceedings in connection therewith
shall be subject to said Act[1] and said rules and regulations of said State Commissioner
of Alcoholic Beverage Control of New Jersey applicable thereto, and
shall be subject to any other statutes of New Jersey or of the United
States now extant or hereafter enacted which affect said subject matters.
[1]
Editor's Note: The term "Act," as used in
this article, refers to Chapter 436 of the Laws of 1933 (N.J.S.A.
33:1-1 et seq.).
It shall be unlawful to possess, sell, distribute
or transport alcoholic beverages otherwise than as provided in this
article or said Act.
The Township Committee of the Township of Pennsauken,
being the governing body of said municipality, shall constitute the
authority for the administration of the issuance of licenses under
this article.
[Added 5-24-1943 by Ord. No. 578]
A.
In addition to supplying all other information in
the manner required by the statutes and local ordinances and regulations
governing the subject, every applicant for any alcoholic beverage
license or transfer of an existing license issuable by the Township
Committee shall, within three days from the time of the presentation
of the application, furnish for such license or transfer and shall
file with the Police Department of the Township a full and adequate
set of fingerprints of the applicant and every agent, bartender, waiter
or other employee employed by or to be connected with or employed
by said applicant in connection with the business to be conducted
under the license applied for. Such fingerprinting shall be done by
the Police Department of the Township. Before the time set for the
consideration of the application, the Police Department shall report
in writing to the Township Committee whether or not the requisite
fingerprinting has been completed as herein provided and shall report
any facts concerning the subject which may be pertinent to the granting
or refusal of the application.
B.
The term "applicant," as used in this section, shall
include every individual applicant, each member of a partnership and,
in the case of a corporation, every officer and director and every
stockholder who shall hold at least 25% of the capital stock thereof.
C.
During the term of any alcoholic beverage license
of any nature which shall hereafter be issued by the Township Committee,
the licensee, or any transferee thereof, or the proper officers shall,
before any new employee shall be engaged in the business of the licensee
as an agent, bartender, waiter or in any other capacity, furnish and
file with the Police Department of the Township a full and adequate
set of fingerprints of such proposed employee. Such fingerprinting
shall be done by the Police Department of the Township.
D.
In the event that any change in officers or directors
is made by any corporation after a license is granted and before the
expiration of the term of said license, or in the event any persons
may, after the issuance of a license, acquire ownership of 25% or
more of the capital stock of said corporation, said new officer or
officers, director or directors and stockholder or stockholders shall
furnish and file with the Police Department of the Township a full
and adequate set of fingerprints within three days from such election
as officer or director or within three days of the acquisition of
said stock. Such fingerprinting shall be done by the Police Department
of the Township.[1]
[Amended 4-11-1983 by Ord. No. 83-20]
No licensee shall sell, serve or deliver or
allow, permit or suffer the sale, service or delivery of any alcoholic
beverage at retail for consumption on the licensed premises, directly
or indirectly, between the hours 3:00 a.m. and 7:00 a.m. on any weekday
or between the hours 3:00 a.m. and 11:00 a.m. on any Sunday, nor shall
any licensees allow, permit or suffer alcoholic beverages to be consumed
on the licensed premises between the hours 3:15 a.m. and 7:00 a.m.
on any weekday or between 3:15 a.m. and 11:00 a.m. on any Sunday,
nor shall any retail distribution licensee permit or suffer the sale
or delivery of any alcoholic beverage between the hours of 10:00 p.m.
and 9:00 a.m. on weekdays or before 11:00 a.m. on Sunday.
Every license shall be exposed to public view
in a conspicuous place in the place licensed, and any omission to
do so shall be presumptive evidence that the place where alcoholic
beverages are being sold is unlicensed.
[Amended 6-12-1978 by Ord. No. 78-12[1]]
No licensee shall allow, permit or suffer in
or upon the licensed premises any disturbances, lewdness, immoral
activities, brawls or unnecessary noises, or allow, permit or suffer
the licensed place of business to be conducted in such a manner as
to become a nuisance.[2]
A.
Any person who shall aid or abet another in the violation
of any provision or provisions of this article shall be liable to
the penalties herein provided.
B.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be subject
to one or more of the following: a fine not exceeding $1,250 or imprisonment
in the county jail for a term not exceeding 90 days, or a period of
community service not exceeding 90 days, in the discretion of the
Municipal Court Judge.
[Amended 9-12-84 by Ord. No. 84-26]
The term "person," as used in this article,
shall include a person of either sex, any natural person or association
of natural persons, association, partnership or corporation.
