[Adopted 2-15-1968 by Ord. No. 103]
This article is enacted for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Township of Commercial, County of Cumberland, in accordance with provisions of the Alcoholic Beverage Law, being Title 33, Chapter 1 of the Revised Statutes (1937) of the State of New Jersey, as amended and supplemented and in accordance with the rules and regulations promulgated or to be promulgated by the State Director 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 Alcoholic Beverage Law or said rules and regulations of said State Director.
All places in which alcoholic beverages are sold, except club-licensed premises, shall be so constructed and maintained that a clear and open view shall be had from the street on which the place fronts and such place shall be free and clear of any screen, nontransparent glass, shade, blind, shutter, partition, fixture, curtain, merchandise or other obstruction placed within or without the building where the room is located, which may in any manner obstruct or interfere with such view of the interior; provided, however, that where the room is not on the ground floor or does not abut any street, it shall be so constructed and maintained that a clear and open view of the interior thereof may be had at all times from the hallway, corridor or entrances leading to such place or room.
No licensee or other person shall sell, serve or deliver, nor shall any person or licensee suffer or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any habitual drunkard, mental defective or person visibly under the influence of alcoholic liquor.
Any licensed premises shall be subject to the orders of the Board of Health of the Township of Commercial and to inspection by the proper health officer or officers of the Township.[1]
[1]
Editor's Note: Original Section 5, Certain persons and activities prohibited on licensed premises, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No licensee shall engage in or allow, permit or suffer in or upon the licensed premises any lewdness, immoral activity or foul, filthy, indecent or obscene language or conduct, or any brawl, act of violence, disturbance, or unnecessary noise; nor shall any licensee allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
No licensee shall allow, permit or suffer any lottery to be conducted or poll selling, book making or any other playing for money at faro, roulette or any other unlawful game or gambling of any kind or any device or apparatus for such purpose on or about the licensed premises. No licensee shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable thing.
[Amended 4-26-1973 by Ord. No. 124]
A. 
No licensee or any other person shall sell, or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on the licensed premises on weekdays between the hours of 2:00 a.m. and 10:00 a.m. or on Sundays between the hours of 2:00 a.m. and 2:00 p.m., provided, in the case of a plenary retail consumption licensee, such prohibition shall apply on weekdays and Sundays only between the hours of 2:00 a.m. and 6:00 a.m. for the seasonal period beginning May 1 of each calendar year and extending to October 1 of said year, both dates inclusive.
B. 
All bars and bar rooms shall be closed during the hours when sales of alcoholic beverages are prohibited.
A. 
No licensee or other person shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years, or allow, permit or suffer the consumption of any alcoholic beverage by any such person upon the licensed premises.
B. 
It shall be unlawful for any person under the age of 21 years to misrepresent his or her age for the purpose of inducing any licensee or any employee of any licensee to sell, serve or deliver any alcoholic beverage to him or her.
No person or holder of a plenary retail consumption license shall sell alcoholic beverages in a sealed package or container unless such package or container contains not less than one pint of alcoholic beverage.
[Amended 7-28-1994 by Ord. No. 94-348]
There shall be not more than one plenary retail consumption license and one packaged goods license issued and outstanding in the Township of Commercial. The number of club licenses issued and outstanding at the same time in the Township of Commercial shall not exceed 10.
The Township Committee of Commercial Township, Cumberland County, being the governing body of said municipality, shall constitute the authority for the administration of the issuance of licenses under this article.
Application forms for retail licenses shall be obtained from the Township Clerk. Applicants must fill out the form, swear to it and return it to the Township Clerk accompanied by the full amount of the required license fee.
[Amended 2-28-1974 by Ord. No. 132; 7-19-1990 by Ord. No. 90-310; 7-28-1994 by Ord. No. 94-348]
A. 
The license fee for a plenary retail consumption license permitting sales over the bars or at tables and in original packages for consumption elsewhere shall be $2,000 per year, except that on the first issuance of the packaged good license, the issuance thereof shall be pursuant to competitive bidding therefor in accordance with the statute.
B. 
The license fee for clubs permitting sales to be made to members and their guests for consumption on the premises only shall be the sum of $150 per year.
A. 
Except as otherwise provided in N.J.S.A. 33:1-1 et seq., any person who shall sell any alcoholic beverage without having complied with or in violation of any provision of this article shall, upon conviction thereof, be subject to a maximum fine of $2,000, imprisonment for not more than 90 days or by a period of community service not exceeding 90 days, or any combination thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 Alcoholic Beverage Law[1] or any of the rules and regulations promulgated by the State Director of Alcoholic Beverage Control.
[1]
Editor's Note: See N.J.S.A. 33:1–1 et seq.