[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
