§ 5.12.030. Licenses  


Latest version.
  • A. Laws Applicable. All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in Section 5.12.010 and all other applicable laws of the state of New Jersey or of the United States.

    B. Issuing Authority. All licenses required by this chapter shall be issued by the governing body, which shall also administer the provisions of this chapter.

    C. License Required. No person shall sell or distribute alcoholic beverages within the borough without having obtained a license in accordance with the act referred to in Section 5.12.010 and the provisions of this chapter.

    D. License Fees—Maximum Number. The annual license fee and maximum number of licenses for the sale or distribution of alcoholic beverages in the borough shall be as follows:

    Class of License Annual License Fee No. of Licenses
    Plenary retail consumption license $ 1,700.00 7
    Seasonal retail consumption license 1,089.00 1
    Plenary retail distribution license 1,350.00 2
    Club license 180.00 6

     

     

    * This fee is for the year 2005. Thereafter, the fee shall increase at the rate of twenty (20) percent per year up to the maximum established by stature, as amended from time to time.

    E. Licenses shall only be issued to premises contained wholly within the borough of Freehold.

    1. Relief from this section may be granted by a majority vote of the council, after a public hearing on the request has been held. Notice of the hearing must be given by the applicant to the holder of the license, the potential transferee of the license and by publishing notice of the hearing in the official newspaper at least ten (10) days prior to the hearing. The notice must contain the time, date and place of the hearing, the nature of the request, the proposed location of the licensed premises, and the reasons for the requested relief.

    2. To obtain such relief, applicant has the burden of showing that:

    a. The strict application of this section would result in exceptional practical difficulties to, or exceptional and undue hardship upon the applicant;

    b. The relief can be granted without substantial detriment to the public good;

    c. That special reasons exist for the requested relief.

(Ord. 2006/18 § 1; Ord. 2004/26 § 12; Ord. 18/95 § 1; prior code § 8-3)