[Adopted 7-8-2020 by Ord. No. 2020-13]
In accordance with the provisions of N.J.S.A. 33:1-12(3), the
Township Council of the Township of Willingboro shall be empowered
to issue up to three plenary retail distribution licenses for the
sale of alcoholic beverages for consumption off the licensed premises,
but only in original containers; except that licensees shall be permitted
to conduct consumer wine, beer and spirits tasting events and samplings
on a complimentary basis pursuant to conditions established by rules
and regulations of the Division of Alcoholic Beverage Control, provided,
however, that the holder of the license complies with the terms and
conditions set forth in Section 3 of P.L. 2009, c. 216 (C. 33:1-12d).
A.
Auction. When the governing body determines, in its discretion, to
award an available license, it shall sell the license at auction in
accordance with the provisions of Title 33 of the New Jersey Statutes,
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 municipality.
B.
The governing body may set a minimum bid amount and shall reserve
the right to reject all bids for any reasons it determines to be in
the best interests of the Township.
C.
Prequalification. All bidders shall prequalify in the manner specified
by the governing body. In addition to such requirements as the governing
body shall impose, the prospective bidders, as part of the prequalification
process, shall submit a) proof of financial ability to undertake the
purchase of the license and the contemplated project; b) information
regarding the type, size and special features of the contemplated
licensed premises; and c) records of past alcoholic beverage control
violations involving the prospective bidder or the bidder's principals,
i.e., owners of more than a 10% equity or debt interest. Furthermore,
prospective bidders are required to fulfill any and all requirements
of the Willingboro Township Police Department and shall supply any
and all information requested by the Police Department as part of
the Township's prequalification process. Failure to do so may,
at the discretion of the Township, result in a prospective bidder
being found unqualified to bid.
D.
Notice.
(1)
A notice of sale 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.
(2)
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.
The Township Clerk shall forward a copy of the application and
the list of officers, directors, trustees, partners or principals
to the Director of Public Safety, who shall investigate the application
and the principals, together with any other officers, directors, trustees,
partners, principals and employees as may be required by the Township
Council, and shall report to the Township Council, in writing, the
findings of the investigation, including any criminal record of the
individuals investigated, together with any other information regarding
the applicant or the application that the Director of Public Safety
may deem relevant.
A.
It shall be unlawful for any licensee or any officer, director, trustee,
partner, principal or employee of a licensee to violate any of the
provisions of N.J.S.A. 33, any regulation of the New Jersey Division
of Alcoholic Beverage Control, any of the gambling laws of this state
or any ordinance of the Township of Willingboro or to knowingly permit
the violation thereof on any premises subject to the control of the
licensee.
B.
No plenary retail distribution licensee shall allow, permit or suffer
the sale, service or delivery of any alcoholic beverages, or the removal
of any alcoholic beverages from the licensed premises before 9:00
a.m. or after 10:00 p.m., prevailing time, on any day of the week.
Nothing in this provision shall prohibit or restrict the use of the
licensed premises for other activities at other times, provided that
no alcoholic beverages are sold, served or delivered during the prohibited
times.
C.
Every licensee shall be subject to all other state statutes and Township
ordinances, including but not specifically limited to the Building
Code, the Fire Prevention Code, health regulations, zoning ordinances,
food-handling ordinances and noise control ordinances.
D.
No plenary retail distribution license shall be issued, renewed or transferred for or to any location or building where the use is not permitted by the specific terms of Chapter 370, Zoning, of the Code of the Township of Willingboro.
E.
A plenary retail distribution license may only be issued within the
B-1 Primary Business District and only to a store selling alcoholic
beverages as an accessory use, in or upon premises in which other
mercantile business is carried on, and such store must be a minimum
of 15,000 square feet in size.
The annual license fee for each license shall be as provided in § 150-9B of the Code of the Township of Willingboro and shall be payable upon the filing of the application for the license or for the renewal thereof.
The applicant for a license shall be responsible for and shall
reimburse the Township of Willingboro for all direct charges paid
by the Township of Willingboro to state or federal governmental agencies
in connection with the application or the investigation.
In the event that Title 33 of the Revised Statutes is modified
or amended in such a way as to impact this article, the State Statute
and Administrative Regulations shall control where inconsistent with
local ordinance.
