§ 82-2. Distance restriction.

A. 

No plenary retail license shall be issued for any premises within 600 feet of any other plenary retail licensed premises. Said measurement is to be determined by measuring the normal way that a pedestrian would properly walk from the nearest entrance of an existing licensed premises to the nearest entrance of the premises sought to be licensed. The measurement must be not between actual entrances, but between points on the sidewalk intersecting any walk which a person would use in entering the properties in question.

B. 

The Township Council of the Township of Marlboro may, in its reasonable discretion, waive the above restriction if the applicant shall establish to the Township Council's satisfaction that such waiver will not adversely impact on the surrounding area and the public health, safety and welfare. When reviewing an application for a waiver, the Township Council shall consider and make findings with respect to each of the following:

(1) 

Whether the location of an additional facility in an area will have an adverse impact on adjacent residential areas.

(2) 

Whether the proposed location is an area where patrons of licensed facilities tend to congregate and/or consume alcoholic beverages on the adjacent streets, sidewalks and properties and whether the proposed facility is of such a type that it may be expected that its patrons may engage in similar inappropriate behavior.

(3) 

The location of any premises licensed for plenary retail distribution in proximity to the proposed facility.

(4) 

Whether the proposed facility and existing licensed facilities are predominantly designed for use as a tavern, restaurant, hotel or entertainment facility.

(5) 

Whether there is any dominant commercial or recreational theme in the area that would be enhanced by the presence of the proposed facility.

(6) 

Whether the proposed facility would enhance or facilitate a redevelopment project.

(7) 

Any factors which the Township Council deems critical to its decision to grant or deny an application for waiver.