[Adopted 10-19-2004 by Ord. No. 36-2004]
A. 
The Mayor and Council of the Borough of Spring Lake have the responsibility of acting as the local Alcoholic Beverage Control Board regulating entities or establishments holding licenses in Spring Lake pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
B. 
The New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., and the courts recognize the right of a municipality to regulate alcoholic beverages to protect the health, safety and welfare of the people and to prevent liquor licensees from obtaining influence in the area of liquor regulation.
C. 
The governing body of the Borough of Spring Lake has committed itself to reducing the influence of contributions of money, pledges of a contribution, including in-kind contributions or purchase of tickets, advertisements or the like which proceeds will be used by or on behalf of or to 1) any candidate or holder of the public office having ultimate responsibility for the award of the contract, or 2) any municipal party committee, or 3) a county committee which might contribute the funds to a candidate for Mayor or Council of the Borough of Spring Lake.
D. 
The governing body wishes to ensure that the public has the highest trust in its officials and to assure the public that impartiality and independence of judgment is maintained.
E. 
The governing body hopes to prevent the conduct of Borough's business from being subject to improper influence or even the appearance of improper influence.
F. 
The policy of the Borough of Spring Lake will be to exclude owners or holders of liquor licenses from contributing to individuals or a political ticket running for office. If an owner of a liquor licenses makes a campaign contribution, directly or indirectly, as defined herein he or she will be ineligible to receive a liquor license or renewal of an existing license by the Borough of Spring Lake.
A. 
No licensed establishment or applicant for a liquor license shall knowingly solicit or make any contribution of money, or pledge or a contribution, including in-kind contributions or purchase of tickets, advertisements or the like, to any candidate or holder or the public office of Mayor or Council of the Borough of Spring Lake, or to any municipal political party committee or county committee who is to make a contribution to a candidate in violation of this article.
B. 
For purposes of this article, a "licensed establishment" or "applicant for license" means any person or entity holding or applying for any license in the Borough of Spring Lake under the provisions of the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., and shall include a person, firm, corporation, partnership, organization, or association with any ownership interest in any alcoholic beverage license regulated by the Borough of Spring Lake. This definition shall include an individual including the individual's spouse, if any, and any child living at home; all members, partners, shareholders, officers, directors, trustees, subsidiaries or related entities of any licensed establishment or applicant for a license.
No contribution of money or any other thing of value, including in-kind contributions, made by a licensed establishment or applicant to any municipal candidate for Mayor or Council, or municipal party committee, or county party committee shall be deemed a violation of this article, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by a licensed establishment or applicant prior to the effective date of this article.
A. 
Prior to awarding any license to an applicant or renewal of a liquor license held by any licensed establishment, the Borough shall receive a sworn statement from the applicant or licensed establishment, under penalty of perjury, that the applicant or licensed establishment has not made a contribution in violation of § 82-9 hereof and has not made or solicited contributions through intermediaries for the purpose of concealing the source of the contribution(s).
B. 
The applicant or licensed establishment shall have a continuing duty to report any violations of this article that may occur. The certification required under this subsection shall be in addition to any other certifications that may be required by any other provision of law.
Any applicant for a liquor license or licensed establishment who knowingly makes a contribution or who fails to reveal a contribution made in violation of this article, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for holding or applying for any liquor license in the Borough of Spring Lake or otherwise sanctioned pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.