[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.
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.
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.
[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.
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.
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.
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.
