Township of Moorestown, NJ Article I Licensing and Regulations

§ 46-1 Purpose.

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.

§ 46-2 Compliance required; definitions.

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.

§ 46-3 Licensing authority.

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.

§ 46-4 Club licenses.

[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.

[1] Editor's Note: This ordinance also renumbered former § 46-4, Licensing authority, as § 46-3.

§ 46-5 Retail licenses permitted; location of licenses; transfer of licenses.

[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.

§ 46-6 Fees.

[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]

§ 46-7 Application required; procedure

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.

§ 46-8 Issuance of license.

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.

§ 46-9 Display of license.

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.

§ 46-10 Hours of sale.

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]]

[1] Editor's Note: This ordinance also redesignated former Subsections B through E as Subsections C through F.

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]]

[2] Editor's Note: This ordinance also renumbered former Subsections B though D as Subsection C through E, respectively.

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.

§ 46-11 Suspension or revocation of license.

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.

§ 46-12 Renewal of licenses.

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.

§ 46-13 through § 46-16. (Reserved)