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; amended 5-12-2022 by Ord. No. 2022-18]
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
|
40
|
|
Plenary Retail Distribution
|
$2,500
|
18
|
|
Club License
|
$ 150
|
10
|
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.
[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.
GUARDIAN
RELATIVE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean a person who has qualified as a guardian of the
underage person pursuant to a testamentary or court appointment.
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.
