V4 05 Letter to ZBA Alcoholic Beverage Club License 3057483_1

Philip D. Neuer, Chairman, and Members Township of West Orange Zoning Board of Adjustment January 27, 2023 Page 3 3057483.1 116173-101909 They also must otherwise be qualified in accordance with Title 33, the regulations promulgated thereunder, and municipal ordinance. N.J.A.C. 13:2-8.6.  A list of club members must be maintained. N.J.A.C. 13:2-8.7.  A minimum three-day waiting period applies to admission into the club so that members cannot be granted instant membership. N.J.A.C. 13:2-8.1. Thus, the regulations governing club licenses substantially restrict who may obtain one and how such a license must be operated. As noted previously, the Township’s Land Use Regulations do not regulate uses based on whether or not sale or consumption of alcoholic beverage occurs, or whether an alcoholic beverage license is obtained. Thus, there is no requirement that an existing CCRC, restaurant, or other use apply for or obtain approval from the Planning Board or Zoning Board of Adjustment to operate with a liquor license. Chapter 11 of the Township Code, titled “Alcoholic Beverage Control,” provides for the maximum number of each license type which may be issued. In the case of club licenses, § 11- 3.4 sets that number at one club license, and that license has been issued to another licensee.1 Thus, before Daughters could even apply for a club license, that ordinance would have to be amended, in accordance with the usual requirement of two readings, public notice and public hearing, to authorize the issuance of an additional club license. As with any liquor license, approval of the local “issuing authority,” in this case the Township Council, is required before a license can be issued. The application for an alcoholic beverage license is quite thorough and requires substantial information about the licensee, its members, and the licensed premises. Thus, there is a comprehensive vetting process, including criminal background checks, that would be performed before a license could be issued. Further, alcoholic beverage licensing is within the exclusive jurisdiction of the New Jersey Division of Alcoholic Beverage Control and the Township Council; the Zoning Board of Adjustment has no role in that process. Finally, as noted in our letter dated September 22, 2022, it is not certain that Daughters will seek to obtain a club license. It is merely being considered, and

djustment has no role in that process. Finally, as noted in our letter dated September 22, 2022, it is not certain that Daughters will seek to obtain a club license. It is merely being considered, and therefore was included as part of the application to the Zoning Board of Adjustment in the interest of transparency. If Daughters ultimately decides to seek a club license, that will not occur for at least several years (until at least the completion of Phase 2). 1 License #0722-31-074-002, issued to West Orange Elks Home Inc., for premises operated by BPO Elks #1590 West Orange located at 424 Main Street.