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Township of Lakewood, NJ
Ocean County
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Table of Contents
Table of Contents
Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
[1971 Code § 8-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Lakewood in accordance with the provisions of an Act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et seq. and in accordance with the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control.
[1971 Code § 8-2]
For the purposes of this chapter, words and phrases shall have the meanings given in N.J.S.A. 33:1-1 et seq. and the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control.
[1971 Code § 8-3.1]
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 the previous section and all other applicable laws of the State of New Jersey or of the United States.
[1971 Code § 8-3.2]
All licenses required by this chapter shall be issued by the Township Committee, which shall also administer the provisions of this chapter.
[1971 Code § 8-3.3]
No person shall sell or distribute alcoholic beverages within the Township, without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter.
[1971 Code § 8-3.4; Ord. 10/24/85; Ord. No. 92-10; Ord. No. 95-8; Ord. No. 96-13; Ord. No. 2000-13; Ord. No. 2003-15 § 1; Ord. No. 2006-64 § 1; Ord. No. 2011-15 § 1]
The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
Class of License
Annual License Fee
Number of Licenses
Plenary Retail Consumption
$2,500.00
30
Plenary Retail Distribution
$2,500.00
12
Club License
$ 150.00
The annual license fees for Plenary Retail Consumption Licenses and Plenary Retail Distribution Licenses shall be increased 20% per year until the annual fee is $2,500.
[1971 Code § 8-3.5; Ord. 5/8/75; Ord. 10/24/85; Ord. 7/9/87; Ord. 10/12/89]
a. 
Findings. The Township Committee, the issuing authority, hereby states that it has by observation of local conditions surrounding the sale and consumption of alcoholic beverages within this Township, determined that it is not desirable to have licensed beverage establishments for the plenary retail consumption for alcoholic beverages, other than hotels or motels of required size and bowling alleys of not less than 40 lanes, that are too closely situated one to the other so as to encourage pedestrian traffic back and forth, which appears to tend to cause numerous types of violations including drinking on the public streets, carrying of open containers of alcoholic beverages on the public streets and congregation of persons inclined to be disorderly, argumentative or such as may interfere with or molest other persons peacefully enjoying the streets and sidewalks in the very congested areas.
b. 
Regulations.
1. 
No plenary retail consumption license shall be issued for any premises situated closer than 1,500 feet to the nearest other licensed plenary retail consumption establishment, other than hotels or motels of not less than 100 rooms, and bowling alleys of not less than 40 lanes, within the B-1 Neighborhood Business Zone, B-2 Central Business Zone and B-3 Shopping Center Zones.
2. 
In any other zone where licensed beverage retail consumption establishments are permitted, no license shall be issued to any premises nearer than 2,000 feet to any other licensed plenary retail consumption establishment.
3. 
Wherever any two licensed establishments in question may have one establishment in one zone where 1,500 feet is allowed and the other establishment in a zone where 2,000 feet is required, the requirement of a total of 2,000 feet between such establishments shall prevail.
4. 
The regulations regarding the required distances between licensed premises shall not apply to the establishment issued a special plenary retail consumption license.
5. 
The following regulations shall apply to licensed bowling alleys of not less than 40 lanes:
(a) 
Regardless of its license classification, no package goods shall be sold at any bowling establishment licensed herein.
(b) 
No bowling alley shall be exempt from the distance requirements set forth above unless they consist of at least 40 lanes.
(c) 
Alcoholic beverages can only be served while bowling activities are taking place, i.e., in conjunction with the operation of a bowling establishment.
(d) 
Absolutely no alcoholic beverages will be permitted outside the bowling alley building.
c. 
Methods of Measurement. For the purposes of this subsection, the method of measurement shall be by measuring from the outside boundaries of the perimeter of the lot, tract, or parcel of land on which the licensed premises are situated, a distance of 1,500 feet or 2,000 feet, as the case may be, perpendicularly at all points around such perimeter and, if the measurement as shown on the official tax map of the Township at any point crosses over the boundary or perimeter of another tract or lot on which another plenary retail consumption establishment is situated, then in such event it shall be indication of a violation of this subsection.
d. 
Exemption; Pre-existing Licensed Premises. No existing licensed premises in operation and licensed to do business at the time of final adoption of this subsection, May 8, 1975, shall be required to change location as the result of the adoption hereof, but the provisions of this subsection shall be applicable to any new location or relocation of any existing plenary retail consumption licensed establishment.
[Ord. No. 2011-56]
a. 
Downtown Redevelopment District Defined. The boundaries of the Downtown Redevelopment District are defined as follows:
Fifth Street in the north, Hurley Avenue in the south; Madison Avenue in the west; and Jersey Central Railroad Tracks in the east.
b. 
Consumption Licenses Prohibited. No plenary retail consumption liquor license issued after January 1, 1989 shall be located in any facility within the Downtown Redevelopment District as defined in paragraph a above.
c. 
Distribution Licenses Prohibited. No plenary retail distribution liquor license issued after January 1, 1989 shall be located in any facility within the Downtown Redevelopment District as defined in paragraph a above.
d. 
Grandfather Clause. Any plenary retail consumption and distribution licenses that are currently located within the Downtown Redevelopment District shall not be governed by the provisions of this subsection 6-3.6.
[1971 Code § 8-4.1; Ord. 4/23/81; Ord. 10/24/85; Ord. No. 2006-33 § I; Ord. No. 2010-34 § 1]
No alcoholic beverages shall be sold, served, consumed or delivered to any consumer in or from any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m. and no sale of alcoholic beverages, in original containers, for off-premises consumption (package sales), shall be permitted on any day before 9:00 a.m. or after 10:00 p.m. It is the intent herein to permit the sale, for off-premises consumption of malt alcoholic beverages and wine, in original bottle or can containers, during the same hours and on the same days as the sale of alcoholic beverages for on-premises consumption is permitted.
The sale of alcoholic beverages pursuant to the special plenary retail consumption license shall be as follows: Commencing one hour before the beginning of any performance and continuing through the hour immediately following the conclusion of the performance.
[1]
Editor's Note: Former subsection 6-4.2, 6-4.3 and 6-4.4 pertaining to sale of alcoholic beverages on Sundays, New Year's Day, Christmas Day and New Year's Eve, previously codified herein and containing portions of 1971 Code §§ 8-4.2 and 8-4.3 and Ordinances 4/23/81, 94-66 and 2006-73, were repealed in their entirety by Ordinance No. 2010-34.
[1971 Code § 8-4.4; Ord. 4/23/81; Ord. No. 94-66; Ord. No. 2006-73 § 1; Ord. No. 2010-34 § 1]
On any day, all alcoholic beverages sold on premises prior to 2:00 a.m. may be consumed between 2:00 a.m. and 2:30 a.m. During the hours when sales on licensed premises are hereinabove prohibited, and during the 1/2 hour provided for consumption alone, the entire licensed premises shall be closed, outside lights extinguished and no person other than the licensee and his bona fide employees permitted to enter. During the 1/2 hour time period provided for consumption alone, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any beverage whatsoever, and all persons other than the licensee and his bona fide employees shall vacate the licensed premises at or prior to the expiration of the time period, it being the expressed intent of this subsection to provide a 1/2 hour time period for patrons to consume those beverages that may have been purchased during those times when sales are permitted.
[1971 Code § 8-7]
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any provision of any applicable Statute or any of the Rules and Regulations of the State's Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five day notice of charge against the licensee and affording a reasonable opportunity for hearing before the Township Committee.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of the provisions of this chapter.
[1971 Code § 8-5]
No person under the legal age for purchasing alcoholic beverages shall enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her, any alcoholic beverages.
[1971 Code § 8-5; New]
No person under the legal age for purchasing alcoholic beverages shall consume any alcoholic beverages on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage.
[1971 Code § 8-5; New]
No person shall enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.
[New]
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500. In addition, the Court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six months beginning on the date he becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the Court may require any person under the legal age to purchase alcoholic beverages who violates this Act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted. (N.J.S.A. 33:1-81)
[Ord. No. 2011-19 § 1; Ord. No. 2015-15]
It is hereby unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
a. 
Violation and Penalties.
1. 
Any person found guilty of violating the terms of this section shall be subject to a fine of $250 for a first offense and a fine of $350 for any subsequent offense. In addition, the court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years. If the defendant at the time of the imposition of the sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
2. 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The defendant shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
3. 
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Commission the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
b. 
Exceptions.
1. 
This section shall not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
2. 
This section shall not prohibit the possession of alcoholic beverages by any underaged person while actually engaged in the performance of employment by a person who was licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
c. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
RELATIVE
Shall mean the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
d. 
Training: TIPS (Training for Intervention Procedures) and TAMS (Techniques of Alcohol Management).
Each and every liquor licensee is required to ensure all front of the house employees (managers, servers, hosts, bartenders and bussers) are certified and keep current a certification in Alcohol Management. TIPS (Training for Intervention Procedures) and TAMS (Techniques of Alcohol Management) certification will be accepted. Additional programs may be acceptable to be determined on an individual basis. The licensee will keep on record a copy of employee certification #'s and expiration dates as part of employee files and upon request shall attach all TIPS or TAMS program current cards to their E141A forms for inspection.
[Ord. No. 2009-46 § 2]
This section shall provide an application fee and licensing requirements for the issuance of identification cards for licensees and covered employees.
a. 
Definition. A "Covered Employee" is an employee or agent who either:
1. 
Serves alcoholic beverages as part of his/her job duties;
2. 
Is a waitperson who serves alcoholic beverages;
3. 
Is any employee that has supervisory authority; or
4. 
Is any employee whose duties include the performance of security functions in determining admittance or removal from the licensed premises.
b. 
After approval of an application and before the license is issued, every plenary retail consumption licensee or Covered Employee shall provide full and complete answers, in writing, on a form identified as an alcohol beverage control employee application, furnished by the Lakewood Police Department, to all questions presented thereon as to identity, character, antecedents and general experience of any such licensee or Covered Employee.
c. 
The licensee or Covered Employee shall, along with filing the application, attach to the application one color passport photograph, two by two (2 x 2) inches. Said photograph is not to have been taken more than 30 days prior to the date of the filing of the application.
d. 
The licensee or Covered Employee shall submit to having his/her fingerprints taken as a requirement of the application process.
e. 
Two separate and distinct forms of identification shall be submitted by the licensee or Covered Employee while executing the alcoholic beverage employee application for review by an appropriate official.
f. 
The applicant or licensee on behalf of the applicant shall provide a money order or check, payable to the Township of Lakewood, for the sum of $50 to defray the expense of processing the application. Also, the applicant or licensee on behalf of the applicant shall provide a money order or check to be payable to the New Jersey State Police, Identification Division, in an amount which shall be the current charge posted by the New Jersey State Police, Identification Division, for the fingerprint processing fee for each applicant. The fingerprint processing fee may be subject to change as the New Jersey State Police, Identification Division, changes or regulates their fee schedule.
g. 
If a plenary retail consumption license is granted or transferred, the Lakewood Police Department shall, upon application of the licensee or Covered Employee, issue an identification card showing compliance with the provisions of this section. The identification card, issued pursuant thereto, shall be physically located on the licensed premises so that it can be submitted upon demand at any time during business hours. The identification card shall remain valid for the remainder of the calendar year in which it was issued; as well as the next complete calendar year. It shall expire on the 30th of June of the third calendar year. The individual holder shall undergo a renewal procedure resulting in the issuance of a new identification card by the Department of Public Safety.
h. 
The licensee or Covered Employee, whose primary function is the serving of alcoholic beverages or the performance of security duties that involve determining admittance or removal from the licensed premises, while in the exercise of his/her duties on the licensed premises, shall at all times conspicuously wear the presentation side of the identification card bearing the individual's first name and identification number. For purpose of this subsection, a waitperson or other type of employee whose primary function is the serving of food or performing of services that does not require the delivery of service of alcoholic beverages or only incidentally involves the service of alcoholic beverages while serving a meal shall not be covered by this subsection.
i. 
Renewal requirements shall compel the licensee or Covered Employee in making a formal application to renew his/her permit prior to its expiration on June 30. Renewal, as defined under this section, shall occur prior to the expiration of the applicant's identification card as outlined in paragraph g. The fee of $50 shall be submitted each time a renewal application is introduced.
j. 
No licensee shall engage any Covered Employee connected with the business of the licensee, unless the Covered Employee has conformed to the rules and regulations set forth in this section. If new Covered Employees are hired by the licensee, such new Covered Employees shall comply with the regulations set forth in this section before being permitted to work in the licensed premises.
k. 
If the applicant for a plenary retail consumption license is a corporation, all the officers thereof shall comply with the regulations of this section pertaining to the license involved; and should there be a replacement or election of new officers during the licensed term, such replaced or newly elected officers must comply with the requirements of this section.
l. 
Any identification card issued to a Covered Employee or licensee under this chapter may be suspended or revoked by the Township of Lakewood if the Covered Employee or licensee engages in any conduct that is deemed to be a violation, or causes a licensed premises to be in violation of any of the provisions of this chapter or any statute of the State of New Jersey or the United States regarding alcoholic beverages, or any of the regulations or rules of the Township of Lakewood or other competent municipal authority or board having been designated by the Township of Lakewood, the State Director of the Division of Alcoholic Beverage Control, or any Township of Lakewood ordinance relating to a licensed premises.
m. 
Any Covered Employee or licensee whose identification card is subject to suspension or revocation shall be entitled to a hearing before the Township of Lakewood or any other competent municipal authority or board having been designated by the Township of Lakewood.
In the event that an applicant shall lose his/her bar identification card, a replacement card may be obtained for a fee of $5, check or money order.