The purpose of this article is to fix license
fees and regulate the sale of alcoholic beverages in the Township
of Montville in accordance with the provisions of an act of the Legislature
entitled "An Act Concerning Alcoholic Beverages," set forth in Title
33 of the Revised Statutes of New Jersey, 1937, as amended and supplemented,
and in accordance with the rules and regulations promulgated or to
be promulgated by the State Commissioner of Alcoholic Beverage Control
applicable hereto, and in accordance with the rules and regulations
existing herein or hereafter adopted by the Township of Montville,
not inconsistent with said act or said rules and regulations of said
State Commissioner.
It shall be unlawful to sell or distribute alcoholic
beverages otherwise than as provided in this article and/or said act.
The Township Committee of the Township of Montville
shall constitute the authority for the administration of the issuance
of the licenses hereunder, and the Clerk of the Township of Montville
is authorized and empowered to issue licenses for the sale and distribution
of alcoholic beverages in the Township of Montville when such licenses
shall have been approved.
No license shall be issued except after written
application presented by the proposed licensee, in such form and after
such notice as required by the above-mentioned act.
The annual license fee due and payable to the Township of Montville for a plenary retail consumption license and for a plenary retail distribution license shall be as set forth in Chapter
169, Fee Schedule.
No seasonal retail consumption license, limited
retail distribution license or club license shall be issued.
[Amended 2-26-2013 by Ord. No. 2013-04]
A. No plenary retail consumption license or plenary retail
distribution license shall be issued for or transferred to premises
within 1,000 feet of any other premises licensed under a plenary retail
consumption or plenary retail distribution license. This section shall
not prevent renewal for premises now licensed or person-to-person
transfers of such licenses. This section shall not prevent the transfer
of an existing license on a premises or structure which has been taken
for public use or destroyed to a new location within 2,000 feet of
such premises or structure.
B. For the purposes of this section, distance shall be
measured from the nearest entrance of a premises sought to be licensed
and the nearest entrance of an existing premises in a normal way that
a pedestrian would properly walk.