[Adopted 10-19-2004 by Ord. No. 41-2004]
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 government body of the Borough of Spring Lake
has committed itself to reducing the influence of gifts, of any kind
whatsoever, including, but not limited to, the purchase of drinks,
dinners, tickets or the like for or an behalf of or to any candidate
or holder of the public office having ultimate responsibility for
the award or renewal of the liquor license.
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 making gifts, of
any kind whatsoever, including, but not limited to, the purchase of
drinks, dinners, tickets or the like for or on behalf of or to any
candidate or holder of the public office having ultimate responsibility
for the award or renewal of the liquor license. If an owner of a liquor
license makes such a gift, directly or indirectly, as defined herein
they 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 make any gifts, of any kind whatsoever, including,
but not limited to, the purchase of drinks, dinners, tickets or the
like for or on behalf of or to any candidate or holder of the public
office having ultimate responsibility for the award or renewal of
the liquor license.
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 partners, shareholders, officers,
directors, trustees, subsidiaries or related entities of any licensed
establishment or applicant for a license.
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 gifts in violation of § 82-25 hereof.
B.
The statement required under this section 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 gift on or who fails to reveal
a gift made in violation of this article 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.
