Township of Maple Shade, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Maple Shade 10-1-1975 as Ch. 33, Art. I, of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Use of alcohol in municipal building — See Ch. 27.
Fees — See Ch. 88.
Food establishments — See Ch. 102.
Alcohol in parks and recreation areas — See Ch. 138.
Public intoxication and possession of open container — See Ch. 142.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
A person of either sex, a firm, a corporation or any club or association.
It shall not be lawful for any person or persons to operate, use or maintain any store, vehicle, dwelling or other building of any kind for the sale of or the exposure for sale of beverages authorized by an Act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," passed December 6, 1933 (P.L. 1933, Chapter 436), N.J.S.A. 33:1-1 et seq., as amended and supplemented, within the Township of Maple Shade, in the County of Burlington and State of New Jersey, without first having obtained a license therefor pursuant to said act and the terms of this chapter.
The governing body of the Township of Maple Shade, in the County of Burlington, shall constitute the licensing authority for the administration of the issuance of licenses hereunder.
The approval of all applications shall be evidenced in writing by the members of the governing body, and all licenses granted pursuant to such approval shall be issued and signed by the Township Clerk, who shall keep a complete record of all applications and the licenses granted hereunder.
A. 
The license fees to be paid with respect to this chapter shall be as set forth in Chapter 88, Fees.
[Amended 4-18-1990 by Ord. No. 1990-4]
B. 
All license fees shall be paid in cash or by certified check to the order of the Township of Maple Shade, in the County of Burlington, New Jersey, and all such receipts shall be turned over by the Township Clerk, when and as received, to the Township Treasurer.
All applications for said license shall be in the form required by law and as prepared and furnished by the Township Clerk, and each license shall comply with the terms of the aforesaid act and shall be subject to the terms and provisions thereof and of this chapter.
A. 
No alcoholic beverages shall be sold, served or delivered, nor shall any licensee suffer or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly nor keep lighted up or open for business any premises so licensed, between the hours of 3:00 a.m. and 7:00 a.m. on any weekday or between 3:00 a.m. and 9:00 a.m. on any Sunday; provided, however, that nothing herein contained shall prevent the proprietors of bona fide restaurants equipped for and actually used for the serving of meals, who shall serve said meals in a room entirely disconnected and separate from the barroom or other room in which alcoholic beverages may be displayed, stored or dispensed, and who may be licensed under this chapter for the sale of alcoholic beverages, from conducting said restaurant business and from serving meals during the hours herein specified; and provided further, however, that on the night of December 24-25, commonly known as " Christmas Eve," and on the night of December 31-January 1, commonly known as "New Year's Eve," no licensee shall sell, serve or deliver, nor allow, permit or suffer the sale, service or delivery of any alcoholic beverage on licensed premises between the hour of 4:00 a.m. and the hours above designated for weekdays and Sundays, respectively, when sales may be resumed.
[Amended 3-7-2007 by Ord. No. 2007-06; 10-13-2016 by Ord. No. 2016-13]
B. 
During the hours in which sales of alcoholic beverages are prohibited, all licensed premises, except bona fide restaurants as aforesaid, shall be closed.
Every license issued pursuant to this chapter shall be exposed to public view in a conspicuous place in the licensed premises, and any omission so to do shall be presumptive evidence that the place where alcoholic beverages are being sold is unlicensed.
No license shall be issued for any premises not having a floor space of at least 400 square feet in the bar or room in which said beverages shall be dispensed.
A. 
The number of licenses for the sale of alcoholic beverages in the Township of Maple Shade, in the County of Burlington, shall be limited to 17 plenary retail consumption licenses, two plenary retail distribution licenses and seven club licenses; provided, however, that this subsection shall in nowise affect the renewal or transfer of existing licenses.
[Amended 4-7-1976 by Ord. No. 1976-5; 5-5-1976 by Ord. No. 1976-5A]
B. 
Nothing in Subsection A above shall be deemed to prohibit issuance of a new license to a person who files application therefor within 60 days following the expiration of the license renewal period and who obtains the State Director's written determination, pursuant to N.J.S.A. 33:1-12.18, that his or her failure to apply for a renewal of his or her former license was due to circumstances beyond his or her control.
C. 
Nothing in Subsection A above limiting the number of plenary retail consumption licenses issued in the Township of Maple Shade shall prohibit the issuance of a new plenary retail consumption license to a person operating a hotel or motel containing at least 100 bona fide sleeping rooms and dining facilities seating 50 or more persons; provided, however, that there shall be no renewal or transfer of a license newly issued hereunder except for or to a hotel or motel containing at least 100 bona fide sleeping rooms and dining facilities seating 50 or more persons.[1]
[1]
Editor's Note: Former § 33-11, Limitations as to location, and former § 33-12, Sale to minors, which immediately followed this section, were deleted 9-20-2000 by Ord. No. 2000-11.
[Amended 3-21-1995 by Ord. No. 1995-3]
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbances, brawls or unnecessary noises, nor 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 in or upon the licensed premises adult live entertainment and night club and cabaret type uses, except as a conditional use as described in the Maple Shade Township Code.
The Township Treasurer shall keep a separate account of all the receipts and expenditures of fees received under this chapter.
[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 4-16-2008 by Ord. No. 2008-07]
Any person who shall violate any provisions of this chapter, upon conviction, shall be subject to the penalty as provided in Chapter 1, Article II, herein.