This article is enacted for the purpose of limiting the number of licenses to be issued, fixing license fees and regulating the sale of alcoholic beverages in the Township of Moorestown ("Township"), in the County of Burlington and State of New Jersey, in accordance with the provisions of the Alcoholic Beverage Law, being Revised Statutes, Title 33, Chapter 1,[1] as amended and supplemented (the "Act"), and in accordance
with the rules and regulations promulgated or to be promulgated by
the New Jersey Division of Alcoholic Beverage Control applicable hereto,
and in accordance with the rules and regulations existing herein or
hereafter adopted by competent municipal authority not inconsistent
with the said Act or said rules and regulations of said Division.
[1]
Editor’s Note: See N.J.S.A. 33:1-1 et seq.
A.
It shall be unlawful to sell or distribute alcoholic beverages otherwise
than as provided in this article and/or said Act.
B.
Definitions. For purpose of this article, 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.
The Township Council of the Township of Moorestown, in the County
of Burlington and State of New Jersey, being the governing body of
said Township, shall constitute the authority for the administration
and issuance of licenses hereunder and for the suspension or revocation
of any license issued by the said governing body.
[Added 10-21-2019 by Ord. No. 29-2019[1]]
A.
No more than two club licenses shall be issued and outstanding at
one time in the Township.
B.
Except as stated in this chapter, the provisions of the Act, as the
same may be hereafter amended, shall control the eligibility for a
club license. In the event the Act is modified or amended in such
a way as to impact these provisions, the appropriate state statute
and administrative regulations shall control where inconsistent with
this article.
C.
No club license shall be issued for the sale of alcoholic beverages
by the Township Council of the Township unless the same has been approved
by the majority of the members of the Township Council.
D.
A club license may only be issued for a licensed premises (including
contiguous lots under common ownership) measuring no less than 10
acres in size.
E.
No license shall be issued except upon written application therefor,
signed by the applicant, setting forth the information as required
by statute, together with any and all other information which may
be deemed necessary by the Township Council in accordance with said
Act and deemed necessary for a proper consideration of said application.
Such application is to be made in the form as supplied by the Alcoholic
Beverage Control Commission, and same is to be verified by the oath
or affirmation of the applicant and advertised according to law.
[Amended 9-24-2012 by Ord. No. 26-2012; 4-12-2021 by Ord. No. 10-2021]
A.
Pursuant to the Act, no more than one plenary retail consumption
license shall be issued for every 3,000 of population of the Township
of Moorestown, and no more than one plenary retail distribution license
shall be issued for every 7,500 of population of the Township of Moorestown,
as shown by the last preceding federal census.
B.
The provisions of the Act, as the same may be hereafter amended,
shall control the number of and issuance of both plenary retail consumption
and plenary retail distribution licenses.
C.
No licenses shall be issued for the sale of alcoholic beverages by
the Township Council of the Township unless the same has been approved
by the majority of the members of the Council of the Township.
D.
A plenary retail consumption liquor license shall only be available
to bidders for the operation of a full-service restaurant located
in the Township's SRC Zoning District south of State Highway
Route 38 to the Mount Laurel and Maple Shade Township borders.
E.
Any plenary retail consumption liquor license, upon issuance, shall
only be valid for use in a full-service restaurant and shall not be
transferred to any other use, either within the Township SRC Zoning
District south of State Highway Route 38 to the Mount Laurel and Maple
Shade Township borders or in any other zoning districts of the Township.
F.
Any plenary retail distribution liquor license, upon issuance, shall
only be valid for use on any lot within the SRC Zoning District, or
any lot within the SRC-1 or BP-1 Zoning District that is at least
200 feet away from the boundary of any residentially zoned lot, and
shall not be transferred to any other zoning districts within the
Township.
[Amended 10-21-2019 by Ord. No. 29-2019]
A.
The annual fee for a plenary retail consumption license shall be
$2,500. The annual fee for a plenary retail distribution license shall
be $2,500.
[Amended 4-12-2021 by Ord. No. 10-2021]
B.
The annual
fee for a club license shall be $188.
C.
All license fees shall be paid in cash or by certified check, made
to the order of the Township of Moorestown, in the County of Burlington,
State of New Jersey, and shall be deposited with the Clerk of the
Township at the time of the filing of the written application, and
all such receipts shall be turned over by the Township Clerk, when
and as received, to the Township Chief Financial Officer.
D.
All such fees shall be paid in full prior to the granting of such
license and shall be based upon a full term of 12 calendar months,
and licenses shall expire at 12:00 midnight June 30 next then succeeding.
E.
The application fee for a person-to-person or place-to-place transfer
shall be equal to 10% of the annual license fee.
[Added 4-12-2021 by Ord.
No. 10-2021]
F.
The application fee for a person-to-person and place-to-place transfer
shall be equal to 20% of the annual license fee.
[Added 4-12-2021 by Ord.
No. 10-2021]
A.
In the event the Township Council shall decide, in its discretion,
to award an available license, it shall do so in accordance with the
Alcoholic Beverage Control Act, the rules and the regulations promulgated
thereunder, in the method set forth in the resolution authorizing
such sale. If the Township Council elects to issue such license after
a public sale, it may set requirements for prequalifications, special
conditions and set a minimum bid as permitted by the Alcoholic Beverage
Control Act, the rules and the regulations promulgated thereunder
and as shall be set forth in the authorizing resolution. No license
shall be issued except upon written application therefor, signed by
the applicant, setting forth the information as required by statute,
together with any and all other information which may be deemed necessary
by the Township Council in accordance with said Act and deemed necessary
for a proper consideration of said application. Such application is
to be made in the form as supplied by the Alcoholic Beverage Commission,
and same is to be verified by the oath or affirmation of the applicant
and advertised according to law.
B.
Auction of licenses.
(1)
When the Township Council determines, in its discretion, to award
an available license, it shall sell said license at auction in accordance
with the provisions of the Act, and the regulations of the New Jersey
Division of Alcoholic Beverage Control, and upon such terms and conditions
as the Township Council deems to be lawful, reasonable and in the
best interests of the Township.
(2)
The Township Council reserves the right to set and determine the
appropriate number of licenses to be auctioned, and establish a minimum
bid amount and shall further reserve the right to reject all bids
for any reasons it determines to be in the best interests of the municipality.
(3)
Notice of auction of licenses.
(a)
A notice of auction shall be issued which specifies the time
and place at which bids shall be received and opened, and that all
prospective bidders shall be notified of the required qualifications
no less than 20 days prior to the bid opening.
(b)
The notice shall further specify at what time, place and manner
in which the prequalification and bid applications may be obtained,
and the date on which they are to be submitted.
C.
In the event the Act is modified or amended in such a way as to impact
these provisions, the appropriate state statute and administrative
regulations shall control where inconsistent with this article.
D.
All licenses issued under this article and proceedings in connection
herewith shall be subject to the Act, as amended and supplemented
from time to time. All applications for licenses under this article
and all licenses issued hereunder and proceedings in connection therewith
shall be also subject to all of the rules and regulations properly
issued by the Division of Alcoholic Beverage Control of the State
of New Jersey and to any other statute or regulation of the State
of New Jersey or of the United States of America now existing or hereinafter
enacted affecting the within subject matter.
The Township Clerk is hereby authorized and directed, after
the approval of issuance of any licenses by the Township Council,
to prepare, issue and sign such license on behalf of the Township
Council, and every license shall bear the Seal of the Township of
Moorestown, and said Township Clerk shall keep a complete and full
record of all applications and licenses granted by said Township Council.
Every license which shall hereafter be issued shall be exposed
to public view in a conspicuous place in the premises licensed, and
any omission to do so shall be presumptive evidence that the premises
where alcoholic beverages are being sold is unlicensed.
A.
No plenary retail consumption licensee shall sell, serve, deliver
or allow, permit or suffer the sale, service or delivery of any alcoholic
beverages on the licensed premises between the hours of 2:00 a.m.
and 10:00 a.m. on any day of the week; except and provided, however,
that on the first day of January no alcoholic beverage shall be sold
in the said Township between the hours of 3:00 a.m. and 10:00 a.m.
of said day; or permit any consumption of any alcoholic beverages
on the licensed premises between the hours of 2:00 a.m. and 10:00
a.m. on any day of the week; except and provided, however, that on
the first day of January no alcoholic beverage shall be consumed on
licensed premises between the hours of 3:00 a.m. and 10:00 a.m. on
said day.
[Amended 10-21-2019 by Ord. No. 29-2019]
B.
No plenary
retail distribution licensee shall sell, deliver or allow, permit
or suffer the sale, or delivery of any alcoholic beverages on the
licensed premises other than from 9:00 a.m. through 10:00 p.m. on
Mondays through Saturdays, and from 10:00 a.m. to 10:00 p.m. on Sundays.
[Added 4-12-2021 by Ord. No. 10-2021[1]]
C.
No club
licensee shall sell, serve, deliver or allow, permit or suffer the
sale, service or delivery of any alcoholic beverages on the licensed
premises between the hours of 1:00 a.m. and 10:00 a.m. on any day
of the week; except and provided, however, that on the first day of
January no alcoholic beverage shall be sold in the said Township between
the hours of 2:00 a.m. and 10:00 a.m. of said day; or permit any consumption
of any alcoholic beverages on the licensed premises between the hours
of 1:00 a.m. and 10:00 a.m. on any day of the week; except and provided,
however, that on the first day of January no alcoholic beverage shall
be consumed on licensed premises between the hours of 2:00 a.m. and
10:00 a.m. on said day.
[Added 10-21-2019 by Ord. No. 29-2019[2]]
D.
Closing provisions. During the hours in which sales of alcoholic
beverages are hereinabove prohibited, the entire licensed premises
shall also be closed and no person shall be admitted or permitted
to remain therein except that this provision shall not be construed
to preclude licensed premises from remaining open during other hours
for the purpose of providing other services and accommodations to
guests; provided, however, adequate facilities and equipment exist
for such services and accommodations, such services and accommodations
are regularly provided, and any bars on the premises are securely
closed.
E.
Sale to certain persons prohibited. No licensee or employee of a
licensee shall sell, serve or deliver, directly or indirectly, any
alcoholic beverages to any intoxicated person, nor permit the consumption
of alcoholic beverages on any licensed premises by any of the above
persons, or permit any such persons to congregate in or about the
licensed premises.
F.
Prohibited sale or consumption by underage person. No licensee shall
sell, serve or deliver, or allow, permit or suffer the service or
delivery of, any alcoholic beverage, directly or indirectly, to any
persons under the age prescribed by law or allow, permit or suffer
the consumption of alcoholic beverages by any such persons upon the
licensed premises.
Any license issued pursuant to this article may be suspended
or revoked for violation of any of the provisions of this article
or for violation of any of the provisions of the Act, as amended and
supplemented, or any of the rules or regulations promulgated by the
Director of the New Jersey Division of Alcoholic Beverage Control.
Applications for renewal of licenses must be filed with the
Township Clerk not later than June 1 of the licensed year for which
the renewal is sought. All applications filed after said date by holders
of licenses which have expired at the close of the previous license
year shall be classified as applications for new licenses.