RESOLUTION 2026:92   RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF HADDON HEIGHTS, COUNTY OF CAMDEN, NEW JERSEY AUTHORIZING ISSUANCE OF ONE PLENARY RETAIL CONSUMPTION LIQUOR LICENSE TO THE HIGHEST QUALIFIED BIDDER PURSUANT TO PUBLIC SALE   WHEREAS, pursuant to N.J.S.A. 33:1-12.14, the Borough of Haddon Heights is authorized to issue one (1) new plenary retail consumption liquor license due to an increase in its population based on the most recent estimates issued by the U.S. Bureau of the Census; and WHEREAS, said new Plenary Retail Consumption Liquor License may be issued in the Borough of Haddon Heights at the discretion of the Borough Council of the Borough of Haddon Heights, pursuant to N.J.S.A. 33:1-1, et seq., and the regulations promulgated thereunder, and WHEREAS, pursuant to N.J.S.A. 33:1-19.3, the Borough of Haddon Heights is authorized to issue One New Plenary Retail Consumption Liquor Licenses to the highest qualified bidder therefor at a public sale conducted for such purpose, and to remit the funds derived therefrom to the Municipal Treasury for the general uses of the Borough: and WHEREAS, it is the desire and intention of the Borough Council to utilize and adopt the provisions and authority of N.J.S.A. 33:1-19.1, et seq. to generate the greatest available revenues for the Borough of Haddon Heights; and WHEREAS, it is determined that said action is in the best interest of the taxpayers, citizens and residents of the Borough of Haddon Heights. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Haddon Heights in the County of Camden, New Jersey, as follows: (1) One (1) Plenary Retail Consumption Liquor License shall be and is hereby authorized to be issued to the highest qualified bidders therefore, pursuant to a public auction sale for such purchase, which shall be conducted by the Borough Solicitor in accordance with all applicable provisions of New Jersey Law. The Borough reserves the right to reject all bids if the highest bid is not accepted. (2) All prospective bidders for the aforementioned Plenary Retail Consumption Liquor License shall and must comply with the following qualifications for consideration to be eligible to participate in the public auction sale process: A. Each bidder desiring to participate in the public auction sale process, shall complete and submit, a fully and properly completed application for a liquor license as prescribed by the New Jersey Division of Alcoholic Beverage Control and as available from the Office of the Borough Clerk of the Borough of Haddon Heights for the Plenary Retail Consumption Liquor License. The aforesaid application shall be submitted on or before, May 5, 2026, at 3:00 p.m. along with the other materials and documentation required hereunder, to permit advance review of such application by the appropriate agents and representatives of the Haddon Heights Borough Council. B. Each prospective bidder shall be required to comply with all of the terms and provisions of N.J.S.A. 33:1-1 et seq. and all other applicable provisions and requirements of law and rules and regulations of the State of New Jersey in regard to the issuance of Liquor Licenses. C. If the prospective bidder is a corporation, the bidder shall be required to submit, along with the completed application for a liquor license(s), a copy of the Certificate of Incorporation for the bidder and a current Certificate of Good Standing from the Secretary of State of the State of New Jersey. D. If the prospective bidder is a partnership or individual, the bidder shall be required to submit, along with the completed application for a liquor license(s), a copy of the Trade Name Registration required to be filed and maintained in Camden County if the Bidder will trade under a name other than his, hers, their or its own. E. If the prospective bidder is a partnership or joint venture, the prospective bidder shall submit, along with the completed application for a liquor license(s) required hereunder, a copy of the partnership or joint venture agreement. F. As part of the qualification process, the prospective bidder must certify in written in its qualifying application that it intends activate and utilize the Plenary Retail Consumption License within a period of six (6) month from the date of award by Borough Council and further, may not place the license up for resale by the successful bid for a term of five (5) years after the award thereof. G. Each prospective bidder shall and is hereby required to submit, along with the completed application for the respective liquor license(s) required hereunder, a complete disclosure of all financing obtained or to be sought by the prospective bidder for the purchase of the license(s) and/or the premises sought to be licensed for the operation of the facility for which the liquor license(s) are sought. This disclosure shall include, without limitation, copies of any existing loan commitments, applications for loans and/or loan rejections. Following the issuance of the liquor license(s) to any successful bidder, such bidder shall be required to submit copies of all loan documents which pertain to the purchase of the premises sought to be licensed or the operation of the facility for which the liquor license(s) are sought. H. The Haddon Heights Borough Council reserves the right to require and demand from each prospective bidder any other documents or materials which are deemed to be necessary by any agent or representative of the Haddon Heights Borough Council to permit the full and proper consideration of a particular bidder's application. I. Each prospective bidder may be obligated to appear before the Haddon Heights Borough Council at a public hearing, on the application submitted by said prospective bidder, which public hearing shall include consideration of all applications, documents, materials, and other matters pertinent to each bidder's application. (3). The bids for the Plenary Retail Consumption Liquor License shall be received by way of a public auction bid in accordance with N.J.S.A. 33:1-19.3, to all pre-qualified applicants, to be conducted by the Borough Solicitor, at the Office of the Borough of Haddon Heights, in the Borough of Haddon Heights Municipal Building, 625 Station Ave., Haddon Heights, NJ 08035, to be held on June 16, 2026 at 10:00 a.m. (4) All prospective bidders shall apply and qualify for the Plenary Retail Consumption Liquor License prior to the public auction sale and shall include proof of qualification for a license in accordance with the terms of this Resolution. Accordingly, each prospective bidder shall properly complete and file with the Borough Clerk on or before May 5, 2026, at 3:00 p.m., the following: a New Jersey Division of Alcoholic Beverage Control Liquor License Application(s) for the particular license sought (the form for which may be obtained from the Borough Clerk); the required municipal license fee sought ($2,500.00 – made payable to the Borough of Haddon Heights); the required state license fee ($200.00 – made payable to the New Jersey Alcoholic Beverage Control); publication costs ($100.00 – made payable to the Borough of Haddon Heights) (these fees shall be paid in three (3) separate checks); and proof of qualification which shall include all documents required in compliance with the terms and conditions prescribed as qualification for bidding or as a condition for the sale and award of a license as well as a separate Certification of proof of compliance by the applicant that it meets any and all special conditions or requirements and knows of no reason why he or she would be disqualified from having an interest in a plenary retail consumption license e in New Jersey. Said application, fee cost and proof of qualification shall be submitted and received by the Borough Clerk at the same time, and no later than 3:00 p.m., May 5, 2026, when all applications for pre-qualification are required to be submitted. (5) All prospective bidders that apply must conform to the zoning regulations set forth in Ordinance 2025:1579. (6) Notice of each application shall be published by the Borough Clerk, in accordance with the New Jersey law, at the cost of the applicant, and public hearing on each application may be scheduled and held by the Borough Council prior to the public auction sale, in order to determine the qualification of applicants and compliance with the terms and conditions of sale, and to hear written objections, if any, to the applications filed. (7) All prospective bidders shall qualify prior to the public auction sale, and the names of those applicants who meet the qualification for bidding as fixed by law, shall be publicly announced by the Borough Clerk at 4:00 o'clock p.m. on June 3, 2026, in the office of the Borough Clerk. (8) A public auction sale for the Plenary Retail Consumption Liquor License shall commence, in public, on June 16, 2026, at 10:00 a.m. at the Council Chambers, in the Haddon Heights Borough Municipal Building, 625 Station Ave., Haddon Heights, NJ 08035. It is the intent of the Borough Council of the Borough of Haddon Heights to award said bids to the highest qualified bidder. The highest qualified bidder announced following the public auction sale shall in addition to the other fees identified herein, pay the sum of not less than ten percent (10%) of the respective minimum bid amount, by cash or certified check, following the conclusion of the public auction. Thereafter, the Borough Council of the Borough of Haddon Heights shall consider the formal award or rejection of the bid at the next meeting of the Haddon Heights Borough Council to be held on June 16, 2026 at 7:00 p.m. at 625 Station Ave., Haddon Heights, NJ 08035, which shall consider the award said bid for the Plenary Retail Consumption Liquor License to the highest qualified bidder or reject all bids by Resolution. No public auction bids shall be received from any prospective bidder who does not qualify and no public auction bid shall be considered from any prospective bidder/applicant, which does not contain proof of qualification. Borough Council, however, reserves the right to postpone or cancel the public auction sale of the aforesaid licenses, at any time prior to the commencement of the public auction sale process. (9) The initial minimum acceptable bid for the sale and issuance of the one (1) Plenary Retail Consumption Liquor License shall be not less than the sum of $400,000.00 The Borough reserves the right to reject all bids if the highest bid is not accepted. (10) Upon the conclusion of the sale, the Borough Council shall issue a license to the highest qualified bidder for the Plenary Retail Consumption Liquor License upon payment of the full bid amount and the license fee, or shall reject all bids if the highest qualified bid is not accepted. The successful highest qualified bidder for the Plenary Retail Consumption Liquor License to be issued, shall pay unto the Borough of Haddon Heights, in cash or by certified check, the full amount of the balance of the bid within ten (10) days after the determination and award is formally made by the Borough Council. In default of such payment as provided herein, the Borough Council may in its discretion award and issue the Plenary Retail Consumption Liquor License to the next highest qualified bidder(s) who shall comply with all provisions of this Resolution. In default of such payment by the highest bidder(s), the Borough of Haddon Heights shall retain as damages, the ten percent (10%) payment as received following the public auction. (11) All funds derived from the conduct of the sale shall be remitted to the Borough Treasurer for the general uses of the Borough. (12) The successful bidder shall and is hereby required to submit copies of any and all documents which relate, in any manner whatsoever, to the premises sought to be licensed or to the enterprise to be utilized by the bidder for the conduct of the business for which the liquor license(s) are sought. ADOPTED: March 17, 2026 3/24, 3/31/2026 ($380.12)