Editor's Note: For consumption of alcohol in public, see § 3-14. For possession and consumption of alcoholic beverages by underage persons on private property, see § 3-15.
[1991 Code § 127-1; Ord. No. 02-28 (C)]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Springfield in accordance with the provisions of an Act of Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages" Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1, et seq., and in accordance with the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1991 Code § 127-2]
For the purpose of this chapter, the words and phrases herein shall have the same meaning 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.
[1991 Code § 127-3A]
All applications for license, all licenses issued, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 6-1, and all other applicable laws of the State of New Jersey or of the United States.
[1991 Code § 127-3B]
All licenses required by this chapter shall be issued by the Township Committee, which shall also administer the provisions of this chapter.
[1991 Code § 127-3C; New]
No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1991 Code §§ 127-3D, 165-3; Ord. No. 93-2; Ord. No. 95-19A; New; Ord. No. 2005-10 § I; Ord. No. 2007-03 § I; Ord. No. 2007-25 § I(A); amended 5-23-2017 by Ord. No. 2017-07; 3-27-2018 by Ord. No. 2018-04]
The classes and maximum number of licenses to be issued by the Township Committee are hereby fixed as follows and the annual fees of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
Class of License
Annual License Fees
Number of Licenses[1]
a.
Plenary Retail Consumption Licenses
$2,500
9
b.
Plenary Retail Distribution Licenses
$1299
4
c.
Club Licenses
$188
2
d.
Catering Permit
$100
N/A
[1]
Editor's Note: For State law authorizing the Township Committee to restrict number of licenses to sell alcoholic beverages at retail, see N.J.S.A. 33:1-40.
[1991 Code § 127-3E]
Pursuant to N.J.S.A. 33:1-12.20, the number of plenary retail consumption licenses to be issued in the Township of Springfield shall not affect, be counted as part of, nor prevent the issuance of a new plenary retail consumption license to a person who operates a hotel or motel containing at least 100 guest sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least 100 guest rooms; provided, however, that there shall be no renewal or transfer of such a license except for or to premises operated as a hotel or motel containing at least 100 guest sleeping rooms. The purpose of this subsection is to create, pursuant to statutory law, an exclusive plenary retail consumption license issued only and governed by this subsection and that statutory criteria.
[New; Ord. No. 2009-25 § I]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or persons under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
[1991 Code § 127-4D; New; Ord. No. 2009-25 § I]
During the hours when sales of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible for a club license under N.J.S.A. 33:1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
[1999 Code §§ 127-4A, 127-4B, 127-4C; Ord. No. 2009-25 § I]
a. 
Weekdays. Except as hereinafter otherwise provided, alcoholic beverages shall not be sold, served, delivered to or consumed in any licensed premises on any Monday through Saturday, between the hours of 2:00 and 7:00 a.m.
b. 
Sundays. Except as hereinafter otherwise provided, alcoholic beverages shall not be sold, served, delivered to or consumed in any licensed premises on any Sunday, between the hours of 2:00 a.m. and 12:00 noon. For plenary retail consumption licensees, the prohibitions in this subsection shall only apply between the hours of 2:00 a.m. and 9:30 a.m.
[Amended 8-14-2018 by Ord. No. 2018-15]
c. 
New Year's Day. In addition, any licensee may open early for business on New Years Day, from 9:30 a.m. to 12:00 noon.
d. 
Sunday Prior to Thanksgiving, Christmas and New Years. In addition, any Plenary Retail Distribution licensee may open early for business on one or more of the Sundays immediately prior to Thanksgiving, Christmas Day or New Years Day, from 10:00 a.m. to 12:00 noon.
e. 
Thanksgiving Eve and New Years Eve. In addition, any Plenary Retail Consumption licensee may remain open for business on Thanksgiving Day or New Years Day, from 2:00 until 3:00 a.m.
f. 
Notice. Any licensee intending to open extended hours pursuant to Subsections (c), (d) or (e), herein, may only do so upon no less than 10 days' prior written notice to the Township Clerk and the Office of the Chief of Police.
[1991 Code § 127-6; Ord. No. 02-28 § I(B)]
Any licensee holding a plenary retail consumption license who shall operate, in connection with the licensed premises, a park or picnic grove shall notify the Chief of Police, in writing, 48 hours in advance whenever the premises are to be used by any club, society, association or other organization for an outing or dance to be held in the park or grove. The licensee shall also furnish the Chief of Police with the name of the chairman of the organization in charge of the outing or dance.
[1991 Code § 127-6; Ord. No. 02-28 § I(B)]
The licensee shall maintain and pay for adequate police supervision of the premises at all outings and dances held on the premises. The licensee shall pay for the services of the special police used in the park, and also for the services of the police furnished by the Township to direct and supervise traffic at the entrance to the park and at the intersection of the streets as the Chief of Police shall deem necessary because of the outings and dances.
[1991 Code § 127-7; Ord. No. 02-28]
a. 
No licensee under this chapter shall employ in the conduct of his licensed business any person in a permanent position who shall not have first obtained an employment permit from the Chief of Police and from the Director of the Division of Alcoholic Beverage Control, if so required.
b. 
No person shall permit or suffer himself to be so employed without having first obtained an employment permit from the Chief of Police and from the Director of the Division of Alcoholic Beverage Control, if so required.
[1991 Code § 127-7; Ord. No. 02-28]
Each applicant for an employment permit shall be fingerprinted, without charge, under the supervision of the Chief of Police, at such time and place as shall be designated by the Chief. The fingerprints shall be marked "noncriminal" and shall be kept on file in the Police Department.
[1991 Code § 127-7; Ord. No. 02-28 §§ I(A), (B)]
The Chief of Police is hereby authorized to issue an employment permit to any other person making the application therefor who is not otherwise disqualified from such employment. The employment permit shall state: the name of the applicant, the applicant's age and date of birth, the applicant's height, color and any distinguishing marks or physical characteristics, and shall have attached thereto the applicant's photograph.
[1991 Code § 127-8; New]
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 State Director of Alcoholic Beverage Control.
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.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[1991 Code § 127-9; New]
Any person violating any of the provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1991 Code § 127-5; Ord. No. 02-28 § I(A)]
No minor shall enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to such minor any alcoholic beverage.
[1991 Code § 127-5; Ord. No. 02-28 § I(A)]
No minor shall consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or purchase, attempt to purchase or have another purchase for such minor any alcoholic beverage.
[1991 Code § 127-5; Ord. No. 02-28 § I(A)]
No person shall misrepresent or misstate such person's age or the age of any other person for the purpose of inducing any retail licensee or an employee of a retail licensee to sell, serve or deliver any alcoholic beverage to a minor.
[1991 Code § 127-5]
No person shall cause, permit or suffer any alcoholic beverages to be sold, served or dispensed by any minor.
[1991 Code § 127-5]
No person shall offer or serve an alcoholic beverage to a minor in any public or private place within the Township, nor shall any person who has ownership or control of any premises, public or private, or supervision of any event, permit, suffer or allow the consumption of an alcoholic beverage by a minor in or upon any such premises or at any such event within the Township. This subsection shall not apply to any person who is related to this minor by blood, marriage or adoption and who has no more remote relationship to such minor than first cousin. For the purposes of this subsection, "minor" is defined as any person below the legal age to purchase alcoholic beverages.
[1991 Code § 127-5; New; Ord. #02-28 § I(A)]
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, in accordance with N.J.S.A. 33:1-81, as amended, shall be punished by a fine of not less than $500. In addition, the Court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six months beginning on the date such person becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the Court may require any person under the legal age who violates this Act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.