[HISTORY: Adopted by the Township Council of the Township of Springfield 12-14-1994 as Ch. VI of the 1994 Code. Amendments noted where applicable.]
Fees — See Ch. 91.
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Springfield, in accordance with the provisions of the Act of Legislature entitled “An Act Concerning Alcoholic Beverages,” N.J.S.A. 33:1-1 et seq., as supplemented and amended, and in accordance with the rules and regulations issued or to be promulgated by the State Director of Alcoholic Beverage Control applicable thereto.
For the purpose of this chapter, relevant words and phrases herein shall have the same meanings 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.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be subject to the act, rules and regulations referred to in § 42-1 and shall be subject to any other statutes of New Jersey or of the United States.
Issuing authority. The Township Council shall constitute the authority for the administration of issuance of licenses under this chapter and shall forthwith report the issuance of all such licenses to the State Director of Alcoholic Beverage Control.
License required. It shall be unlawful to sell or distribute or transport alcoholic beverages in the Township without a license previously applied for and granted pursuant to the provisions of the act referred to in § 42-1 and the provisions of this chapter.
License fees; maximum number. License fees shall be as set forth in Chapter 91, Fees. The maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
No plenary retail consumption or plenary retail distribution license shall be issued for or transferred to premises located within 600 feet of premises for which a plenary retail consumption or plenary retail distribution license is outstanding in the Township.
This subsection shall not apply to the transfer of a plenary retail consumption or plenary retail distribution license forced to move by action of the Township in carrying out the provisions of the Master Plan or plans of a similar nature, nor shall this subsection prevent renewals or person-to-person transfers of existing licenses.
The distance hereinabove set forth shall be measured in a normal way that a pedestrian would properly walk from the nearest entrance of a licensed premises to the nearest entrance of the premises sought to be licensed.
Hours of sale. No licensee shall serve, deliver or allow, permit or suffer the sales, service or delivery of any alcoholic beverage in this Township:
[Amended 5-11-2005 by Ord. No. 2005-5]
Persons on premises during prohibited hours. During the hours when the sale, service, delivery or consumption of alcoholic beverages is prohibited, the licensed premises shall be closed to the general public and the only persons permitted to remain on the premises shall be the licensee and bona fide employees of the licensee. This provision shall not apply to bona fide hotels or restaurants in the operation of their primary business, excluding the sale, service, delivery or consumption of alcoholic beverages.
Sales to certain persons prohibited. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above named classes of persons nor permit any such persons to congregate in or about the licensed premises.
Display of license. Each licensee shall display the license certificate issued under this chapter in the licensed premises in such a manner and place that it can be seen by anyone entering the licensed place of business. The license certificate shall be framed and under glass.
Disturbances and nuisances. No licensee shall permit any brawl, act of violence, disturbance or unnecessary noise in any licensed premises. No licensee shall permit the licensed premises to be conducted in such a manner as to become a nuisance.
Display of ordinance. All holders of plenary retail consumption licenses issued by the Township shall cause at least one copy of this section to be exhibited in a conspicuous place in the licensed premises.
Editor's Note: Former § 6-5, Minors, which immediately followed this section, was deleted 7-14-2004 by Ord. No. 2004-13.
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 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.