[HISTORY: Adopted by the Council of the Borough of Lawnside as indicated in Article histories. Amendments noted where applicable.]
[Adopted 4-1-1942 by Ord. No. 18-1942]
This Article is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Borough of Lawnside, County of Camden and State of New Jersey, in accordance with the provisions of an act of the Legislature now embodied and known as "Chapter 1 of Title 33 of the Revised Statutes of 1937," and 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.
It shall be unlawful to sell or distribute alcoholic beverages otherwise than as provided in this chapter and/or said Act.
The Borough Council of the Borough of Lawnside, County of Camden, being the governing body of said municipality, shall constitute the authority for the distribution or issuance of licenses hereunder.
[Amended 4-16-1947 by Ord. No. 27-1947; 1-24-1962 by Ord. No. 73-1962; 11-3-1976 by Ord. No. 9-1976; 10-2-1985 by Ord. No. 22-1985; 2-5-1986 by Ord. No. 2-1986]
A. 
The license fees to be paid hereunder shall be as follows:
(1) 
For each and every plenary retail consumption license: the sum of $2,400 per annum, effective upon the final passage of this amendment. Said license fee shall increase by 20% per annum until the license fee is $2,500 per annum.
[Amended 12-2-1998 by Ord. No. 6-FY1999; 3-2-2005 by Ord. No. 11-FY2005]
(2) 
For each and every plenary retail distribution license: the sum of $2,400 per annum, effective upon the final passage of this amendment. Said license fee shall increase by 20% per annum until the license fee is $2,500 per annum.
[Amended 12-2-1998 by Ord. No. 6-FY1999; 3-2-2005 by Ord. No. 11-FY2005]
(3) 
For each and every seasonal retail consumption license: the sum of $648 per annum, effective upon the final passage of this amendment. Said license fee shall be 75% of the plenary retail consumption license fee for each year hereafter beginning January 1, 1986.
(4) 
For each and every club license the sum of $180 per annum, effective upon the final passage of this amendment. Said license fee shall increase by 20% per annum until the license fee is $188 per annum. A club license may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes, and not for private gain, and which comply with all conditions which may be imposed by the Commissioner of Alcoholic Beverage Control by rules and regulations.
[Amended 3-2-2005 by Ord. No. 11-FY2005]
B. 
All license fees shall be paid in cash or by certified check to the order of the Borough of Lawnside, New Jersey, and all such receipts shall be turned over by the Borough Clerk when and as received to the Collector-Treasurer.
C. 
The Borough Clerk is hereby designated as the proper person to sign all licenses on behalf of the Borough Council.
[1]
Editor's Note: The license classification of retail package store license, which was formerly part of this section, was eliminated during codification since it now appears under the classification of retail distribution licenses; see Ch. 1, General Provisions, Art. I.
[Amended 6-5-1946 by Ord. No. 24-1946]
A. 
No licenses shall sell, serve, deliver or allow, permit or offer the sale, service, or delivery of any alcoholic beverage, or allow the consumption of any alcoholic beverage on licensed premises on New Year's Day when it is a Sunday between the hours of 5:00 a.m. and 1:00 p.m.; on other Sundays between the hours of 3:00 a.m. and 1:00 p.m.; on New Year's Day when it is a weekday between the hours of 5:00 a.m. and 7:00 a.m.; and on other week-days between the hours of 3:00 a.m. and 8:00 a.m.
[Amended 5-4-1988 by Ord. No. 5-1988, 11-1-1989 by Ord. No. 13-1989]
B. 
During the hours sales of alcoholic beverages are prohibited the entire licensed premises shall also be closed. The hours aforesaid shall be Eastern Standard Time, except from 2:00 a.m. on the last Sunday in April until 2:00 a.m. on the last Sunday in September of each year, when they shall be Eastern Daylight Saving Time, which time is one hour in advance of Eastern Standard Time.
[Amended 5-4-1988 by Ord. No. 5-1988; 11-1-1989 by Ord. No. 13-1989]
C. 
Permitted hours of sale and delivery for off-premises consumption of alcoholic beverages. Any lawfully licensed business entity is permitted to sell and deliver alcoholic beverages for consumption off the licensed premises in the original container at the times stated herein and in the manner provided herein:
[Added 1-18-1982 by Ord. No. 12-1981]
(1) 
Malt alcohol, beer and wine shall be sold on week-days and Saturdays from 7:00 a.m. to 3:00 a.m. the following day and on Sundays between the hours of 1:00 p.m. and 3:00 a.m.
(2) 
Distilled spirits, whiskey, liquors and any other item of alcoholic beverage not heretofore authorized shall be sold on weekdays during the hours of 9:00 a.m. to 10:00 p.m. and on Saturdays from 9:00 a.m. to 10:00 p.m. and on Sundays between the hours of 1:00 p.m. and 10:00 p.m. Any sale or service not made within the hours permitted herein are deemed to be a violation of this Article, and the licensee shall be subject to any sanctions or punishment as prescribed by the ordinances of the Borough of Lawnside and/or the statutes of the State of New Jersey. A licensee may exercise all his rights and privileges of his license during the hours permitted, subject to any restrictions and prohibitions of the State of New Jersey.
Every license shall be exposed to public view in a conspicuous place in the place licensed, and any omission so to do shall be presumptive evidence that the place where alcoholic beverages are being sold is unlicensed.
A. 
No more than five plenary retail consumption licenses and no more than one plenary retail distribution license and no more than three club licenses shall be in effect in this municipality at any time.
[Amended 6-5-1946 by Ord. No. 24-1946]
B. 
Nothing in this Article shall prevent the issuance in the Borough of Lawnside of a new license to a person or corporation who operates a hotel containing 100 sleeping rooms or who may hereafter construct and establish a new hotel containing at least 100 sleeping rooms.[1]
[Added 7-1-1959 by Ord. No. 60-1959]
[1]
Editor's Note: Subsequent to the addition of this subsection, the number of sleeping rooms was changed from 50 to 100 pursuant to N.J.S.A. 33:1-12.20.
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage in any premises not open to full view from the public thoroughfare or from adjacent rooms to which the public is freely admitted, other than in premises for which club licenses have been issued and in guest rooms and private dining rooms of hotels.
[Amended 11-3-1976 by Ord. No. 9-1976]
A. 
Any person who shall sell or distribute any alcoholic beverage in violation of any of the provisions of this Article shall, upon conviction thereof, be subject to a fine of not more than $500 or imprisonment for not more than 90 days, or to both such fine and imprisonment, in the discretion of the court.
B. 
Any license issued pursuant to this Article may be suspended or revoked for violation of any of the provisions of this Article or for violation of any of the provisions of said Act or any of the rules or regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
[Adopted 12-8-1981 by Ord. No. 9-1981]
Any person who shall consume alcoholic beverages while in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance; in a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot; while upon any private property not his own without the express permission of the owner or other person having authority to grant such permission; or who shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner, is a disorderly person.
Any person who shall violate the provisions of this Article shall, upon conviction, be punished by a fine of not more than $200 or be imprisoned for not more than 30 days, or both.