Exciting enhancements are coming soon to eCode360! Learn more 🡪
Township of Middletown, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
No license shall be issued except after written application presented by the proposed licensee upon forms furnished by the Township and after compliance with publication of notice and otherwise, as required by law.
All applications for licenses shall set forth, in full, answers to questions prescribed by state law and by rules and regulations of the State Director and the governing body and shall include declarations called for by state law.
No license shall be issued to any person not qualified under the provision of state law and of said rules and regulations.
A. 
The classes of licenses to be issued by the Township are hereby fixed as follows:
(1) 
Plenary retail consumption licenses.
(2) 
Plenary retail distribution licenses.
(3) 
Limited retail distribution licenses.
(4) 
Club licenses.
(5) 
Hotel/motel classification "36."
B. 
No seasonal retail consumption license shall be issued.
A. 
The annual fees for licenses shall be as set forth in Chapter 240, Fees.
[Amended 8-4-1997 by Ord. No. 97-2479]
B. 
All license fees shall be paid in advance upon presentation of the application. After issuance of a license, no refund of any portion of the license fee shall be made except as may be authorized by N.J.S.A. 33:1-31.
All licenses shall be for a term of one year from the first day of July in each year.
A separate license shall be required for each specific place of business, and each license shall be effectual only for the licensed premises mentioned therein; provided, however, that upon an application for a transfer in the same manner as for an original application, and upon publication of intention to transfer, in the same manner as in the case of an original application, the governing body may issue a transfer of such license to a different place of business by payment of a fee of 10% of the annual license fee for such transfer.
No license shall be issued for the sale of alcoholic beverages within 200 feet of any church or public school or private schoolhouse, not conducted for pecuniary profit, except to manufacturers, wholesalers, hotels, clubs and fraternal organizations which own or are actually in possession of the licensed premises on December 6, 1933, said 200 feet to be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed; provided, however, that this prohibition may be waived at the issuance or renewal of such license by the duly authorized governing body on authority of such school or church, and such waiver shall be effective until the date of the next renewal of said license, and provided also that this prohibition shall not apply to the renewal of any license where no such school or church was located within said prohibited distance of said licensed premises at the time of the issuance of said license, or as otherwise excepted by the provisions of N.J.S.A. 33:1-1 et seq.
[Amended 9-19-2005 by Ord. No. 2005-2834]
A. 
No plenary retail consumption license or plenary retail distribution license shall be granted for or transferred to any premises, the entrance of which is within a five-hundred-foot walking distance of the entrance of an existing licensed premises having a license of the same classification.
[Amended 2-17-2015 by Ord. No. 2015-3125]
B. 
The distance limitation in Subsection A does not apply to a hotel, motel, or restaurant serving alcoholic beverages for consumption on the premises, or to licensed premises of different classifications (consumption license/distribution license). The Township Committee, in its discretion, may waive the distance limitation in Subsection A as to the relocation/transfer of any liquor license whose premises have been taken or acquired for public purposes by any public agency having the power of eminent domain.
A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or of any of the provisions of N.J.S.A. 33:1-1 et seq. or of any of the rules and regulations prescribed by said State Director of the Division of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-1 et seq., by service of a five days' notice of charges preferred against the licensee, as provided in N.J.S.A. 33:1-1 et seq., and affording of a reasonable opportunity for a hearing. Such suspension or revocation shall carry the penalties and prohibitions provided for in N.J.S.A. 33:1-1 et seq.