Bid Packages Due to the Municipal Clerk Thursday, April 20, 2023 11:00am

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PUBLIC NOTICE/INVITATION TO BID

TOWNSHIP OF BERNARDS

SALE OF A PLENARY RETAIL

CONSUMPTION LIQUOR LICENSE

            TAKE NOTICE that the Township of Bernards is accepting applications and sealed bids on Thursday, April 20, 2023, at 11:00 A.M., in the Clerk’s Office of the Bernards Township Municipal Building, located at One Collyer Lane, Basking Ridge, New Jersey 07920.

            PLEASE TAKE FURTHER NOTICE that bid packages with proposal forms can be picked up, during normal business hours at the Township Clerk’s Office, or are available on the Township website at www.bernards.org.

            PLEASE TAKE FURTHER NOTICE that the Township Committee of the Township of Bernards authorized this sale by adoption of a Resolution on March 7, 2023, for the receipt of bids for the sale of a Plenary Retail Consumption Liquor License.

CONDITIONS OF SALE

            1.         All prospective bidders for the license shall apply by submitting to the Clerk of the Township of Bernards at One Collyer Lane, Basking Ridge, New Jersey 07920, in a separately sealed envelope a full and complete twelve (12) page Alcoholic Beverage Control license application form; a Certification of Proof of Compliance by the bidder, including that the bidder knows of no reason why the bidder would be disqualified from having an interest in a Plenary Retail Consumption Liquor License in the state of New Jersey no later than Thursday, April 20, 2023, at 11:00 A.M.  The outside of the sealed envelope shall state “Plenary Retail Consumption Liquor License Application.”

            2.         The bid package to be submitted by an applicant shall also contain:

1. A complete Disclosure Statement listing each name, residence address, And social security number of each individual person, Member, Managing Partner, Operating, or General Partner, director and Officer of the Corporation, and of each Stockholder owning more than ten percent (10%) of the stock of the said Corporation or any other individual owning or controlling more than 10% interest or ownership in the entity.

1. Audited financial statements for the last three years (2019, 2020, 2021, and 2022 if filed); for the applicant and also any businesses of the applicant. These statements will be reviewed by and must be determined to be satisfactory by the Township Auditor and Chief Financial Officer or other financial reviewing agency as may be determined by the Township, and thereafter, in which event the condition shall be deemed satisfied. Otherwise, if the financial statements are deemed to be unsatisfactory in the sole discretion of the Township representatives, the award of the bid shall be void for failure to satisfy the condition of award.

1. Application processing fee of $2,000.00. The fees of unqualified or unsuccessful bidders will be returned after the award of the license, less an administrative processing and investigative fee of 50%.

1. Copies of R.S. tax returns for the past three years (2019, 2020, 2021, and 2022 if filed), for each individual or entity as set forth in 2-A above.

1. Specific, detailed data on all sources of funding for the purpose of acquiring the license, including all written commitment letters of financing. The Township Committee as a condition of award of the license may request additional, detailed data as set forth herein.

            3.         All prospective bidders for the license shall submit in a separate sealed envelope bids with minimum bid of $400,000.00 no later than Thursday, April 20, 2023, at 11:00 A.M.  All bids are to be accompanied by a twenty (20%) percent deposit in the form of a certified, bank or cashier’s check.  The outside of the sealed envelope shall state “Plenary Retail Consumption Liquor License Bid.”

            4.         The Township reserves the right to reject all bids if the highest bid is not accepted, and the sale may be postponed or cancelled at any time prior to the opening of the bids.

            5.         The Township Clerk shall publicly announce those bidders who presumptively meet the qualifications for bidding as fixed by law, rules and regulations, the enabling Resolution and this Public Notice.  The public announcement shall occur no less than five (5) business days prior to the date of opening the sealed bids, and is scheduled for Friday, April 28, 2023.

            6.         The sealed bids will be opened by the Clerk on Thursday, May 4, 2023, at 11:00 A.M., at the Bernards Township Municipal Building, One Collyer Lane, Basking Ridge, New Jersey 07920.  No bids will be opened from or on behalf of any bidder who does not qualify or has not submitted proof of qualification (a full and complete twelve (12) page Alcoholic Beverage Control license application form and Certification of Proof of Compliance).

            7.         The sealed bids will be opened and all bid amounts and the highest bid amount will be declared.  If the Township determines to reject all bids, the Township shall do so by Resolution.  If the Township determines to accept the highest qualified bid, the Township shall do so by Resolution subject to the issuance of a license, including payment of the balance of the bid price, payment of all applicable state and Township application fees and annual Township fee; satisfactory outcome of background checks to investigate the source of funds used to purchase the license; the receipt of favorable State or Federal criminal background checks; and the compliance with the publication, hearing and Resolution requirement under N.J.A.C. 13:2-2.1 et seq.

Township of Bernards

By: Christine V. Kieffer

       Christine V. Kieffer, RMC

       Bernards Township Clerk