[Adopted 12-23-2025 by Ord. No. 5891]
The purpose of this article is to ensure that proposed transfers of liquor licenses which remain at the same premises or a new premise are carefully reviewed for impact to the health, safety and welfare of all citizens and residents and that licenses associated with the premises subject to revocation presumptively impact the health, safety and welfare such that the license shall not be permitted to remain on the licenses premises if sold to a bona fide purchaser.
As used in this article:
LICENSE
Means any plenary retail consumption or plenary retail distribution license issued pursuant to N.J.S.A. 33:1-12.
PREMISES
Means the location or establishment at which alcoholic beverages are authorized to be sold or consumed.
QUALITY-OF-LIFE VIOLATIONS
Include calls for service by the Union Police Department and other law enforcement agencies, neighbor complaints or other action that does not result in violations and violations Township noise, litter, nuisance, disorderly conduct, zoning or other municipal or ABC regulations affecting residents.
TRANSFER
Means any person-to-person or corporate stock transfer of a liquor license as defined by N.J.A.C. 13:2-7.10.
A. 
Upon receipt of an application for a person-to-person or corporate stock transfer of a liquor license that will remain at the same premises, the Township Clerk shall refer the application to the following departments for written review and recommendation:
(1) 
Police Department.
(2) 
Fire Department.
(3) 
Health Department.
(4) 
Building Department/Construction Official.
B. 
Each department shall, within 30 days, submit a written report to the Township Clerk and Township Committee recommending that the transfer be:
(1) 
Approved without conditions;
(2) 
Approved with conditions necessary to protect the public health, safety, or welfare; or
(3) 
Denied, stating the reasons for such recommendation.
C. 
The Township Clerk shall compile all departmental reports and provide same to the applicant prior to the public hearing record required by this article.
A. 
The Township Committee shall conduct a public hearing prior to acting on any license transfer application subject to this article.
B. 
Notice of the hearing shall be provided at least 10 days prior thereto by:
(1) 
Publication in the official newspaper of the Township; and
(2) 
Licensee shall mail written notice by certified mail (RRR) to all property owners within 500 feet of the licensed premises, as shown on the most recent municipal tax records, on a list provided and certified by the tax assessor, and paid for by the licensee. Licensee shall provide proof of service.
C. 
The purpose of the hearing shall be to determine whether the continued operation of the license at the same location is in the public interest, taking into account:
(1) 
The history of noise, nuisance, or disorderly conduct complaints;
(2) 
Departmental recommendations; and
(3) 
Any mitigation or compliance plans presented by the transferee.
A. 
In the event a liquor license is subject to revocation, such action presumptively impacts the health, safety and welfare such that the license shall not be permitted to remain on the licensed premises if sold to a bona fide third-party purchaser.
A. 
After reviewing all reports, testimony, and evidence, the Township Committee may:
(1) 
Approve the transfer without conditions;
(2) 
Approve the transfer with reasonable conditions; or
(3) 
Deny the transfer if continuation of the license at that premises would be detrimental to the public health, safety, or welfare.
B. 
The Township Committee's decision shall be memorialized by resolution adopted at a public meeting and shall constitute final municipal action appealable pursuant to N.J.S.A. 33:1-26.