[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 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.
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]
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.
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.
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.
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.
[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]
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.
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.
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.