Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro 4-8-1943 (Ch. 42 of the 1981 Code); amended in its entirety 6-30-1994 by Ord. No. 19-94. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation facilities — See Ch. 265.

§ 82-1 Number of licenses restricted.

From and after the final passage and approval of this chapter, the number of licenses to sell alcoholic beverages at retail shall be limited and allocated as follows:
A. 
Not more than 13 plenary retail consumption licenses shall be outstanding at the same time within the Township limits of the Township of Marlboro which may be located at any approvable site, subject to limitations as set forth in § 82-2, Distance restriction.
[Amended 10-10-2002 by Ord. No. 2002-26; 2-2-2012 by Ord. No. 2012-4]
B. 
Not more than five plenary retail distribution licenses shall be issued.
[Amended 10-10-2002 by Ord. No. 2002-26; 2-2-2012 by Ord. No. 2012-4]
C. 
Not more than two limited retail distribution licenses shall be issued.
D. 
No seasonal retail consumption licenses shall be issued.
E. 
Not more than four club licenses shall be issued.

§ 82-2 Distance restriction.

A. 
No plenary retail license shall be issued for any premises within 600 feet of any other plenary retail licensed premises. Said measurement is to be determined by measuring the normal way that a pedestrian would properly walk from the nearest entrance of an existing licensed premises to the nearest entrance of the premises sought to be licensed. The measurement must be not between actual entrances, but between points on the sidewalk intersecting any walk which a person would use in entering the properties in question.
B. 
The Township Council of the Township of Marlboro may, in its reasonable discretion, waive the above restriction if the applicant shall establish to the Township Council's satisfaction that such waiver will not adversely impact on the surrounding area and the public health, safety and welfare. When reviewing an application for a waiver, the Township Council shall consider and make findings with respect to each of the following:
(1) 
Whether the location of an additional facility in an area will have an adverse impact on adjacent residential areas.
(2) 
Whether the proposed location is an area where patrons of licensed facilities tend to congregate and/or consume alcoholic beverages on the adjacent streets, sidewalks and properties and whether the proposed facility is of such a type that it may be expected that its patrons may engage in similar inappropriate behavior.
(3) 
The location of any premises licensed for plenary retail distribution in proximity to the proposed facility.
(4) 
Whether the proposed facility and existing licensed facilities are predominantly designed for use as a tavern, restaurant, hotel or entertainment facility.
(5) 
Whether there is any dominant commercial or recreational theme in the area that would be enhanced by the presence of the proposed facility.
(6) 
Whether the proposed facility would enhance or facilitate a redevelopment project.
(7) 
Any factors which the Township Council deems critical to its decision to grant or deny an application for waiver.

§ 82-3 License fees.

[Amended 4-24-2008 by Ord. No. 2008-11]
The annual licensing fees for liquor licenses hereinafter issued shall be and are hereby fixed as follows:
A. 
Plenary retail consumption license: $2,500.
[Amended 12-20-2010 by Ord. No. 2010-30]
B. 
Plenary retail distribution license: $2,500.
[Amended 12-20-2010 by Ord. No. 2010-30; 2-2-2012 by Ord. No. 2012-3; 2-2-2012 by Ord. No. 2012-4; 2-21-2013 by Ord. No. 2013-4; 2-20-2014 by Ord. No. 2014-2; 2-12-2015 by Ord. No. 2015-1]
C. 
Limited retail distribution license: $63.
D. 
Club license: $188, except that this fee shall be waived for volunteer fire companies within the Township.

§ 82-4 Statutory regulations to apply.

All licenses to be issued herein, as provided, shall be subject to the statutory provisions of the State of New Jersey, the rules and regulations of the State Director of the Division of Alcoholic Beverage Control and all rules and regulations now adopted or to be hereafter adopted by the Township Council of the Township of Marlboro, and, upon any infraction of any statute, rule or regulation aforesaid, any license issued by said Township Council may be suspended or revoked after hearing, in accordance with the statutes and the rules and regulations promulgated and to be promulgated by the Director of the Division of Alcoholic Beverage Control.

§ 82-5 Hours of sale and consumption.

No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or allow the consumption of any alcoholic beverages on licensed premises on New Year's Day when it is a weekday between the hours of 5:00 a.m. and 7:00 a.m.; and New Year's Day when it is a Sunday between the hours of 5:00 a.m. and 12:00 noon; on other weekdays between the hours of 2:00 a.m. and 7:00 a.m.; on other Sundays between the hours of 2:00 a.m. and 12:00 noon. Said hours herein fixed shall be in accordance with the legal time standard which is now, or which may hereafter be, in effect in this municipality during the operation of this chapter.

§ 82-6 Premises to be closed; exception.

During the hours that sales of alcoholic beverages and the consumption of the same are prohibited, as set forth in the preceding section, the entire licensed premises shall be closed; except, however, that this closing requirement shall not apply to hotels or to restaurants as defined in N.J.S.A. 33:1-1t.