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, 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.
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]
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]
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.
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.