Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
[1973 Code § 6-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Lake Como in accordance with the provisions of an Act of Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages" (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.
[1973 Code § 6-2]
For the purpose of this chapter, the words and phrases herein shall have the same meaning as 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.
[1973 Code § 6-3.1]
All applications for license, all licenses issued, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or of the United States.
[1973 Code § 6-3.2]
All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
[1973 Code § 6-3.3; New]
No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1973 Code § 6-3.4; Ord. No. 325 § 1; Ord. No. 347 § 1; Ord. No. 83-369 § 1; Ord. No. 85-490 § 1; Ord. No. 89-526 § 1; Ord. No. 91-547 § 1; Ord. No. 93-571A; New; Ord. No. 2005-756]
The classes and maximum number of licenses to be issued by the Borough are hereby fixed as follows and the annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
Annual License Fees
Number of Licenses1
a.
Plenary retail consumption license
$2,400.00
6
b.
Plenary retail distribution license
$1,800.00
3
c.
Club license
$150.00
0
Notes:
1.
For State law authorizing the Borough to restrict number of licenses to sell alcoholic beverages at retail, see N.J.S.A. 33:1-40.
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
[1973 Code § 6-4.1]
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m. except Sundays and New Year's Day each year as hereinafter provided.
[1973 Code § 6-4.2]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
[New]
The provisions of subsection 6-4.1 shall apply to New Year's Day with the exception that after the closing hour of 2:00 a.m. when additional persons shall be prohibited from entry, the sale and consumption of alcoholic beverages may continue.
[1973 Code § 6-4.3]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
[New]
During the hours when sales of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible for a club license under N.J.S.A. 33:1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
[1973 Code § 6-4.4]
All lights on the exterior of licensed premises shall be extinguished at 2:00 a.m., except lights on that portion of the premises used for parking purposes, and no person shall be admitted to the licensed premises after the last mentioned hour. No such exterior lights may be relit or music resumed until the hour when sales of alcoholic beverages may be resumed.
[Ord. No. 2000-678 §§ A, B]
a. 
No licensed alcoholic beverage establishment, its agents, servants or employees shall sell, serve or dispense any alcoholic beverage to any law enforcement officer, police officer, detective or superior officer of any Police Department while such law enforcement officer is in uniform. Any violation of this subsection shall be considered to be a disorderly person violation under the ordinances of the Borough of Lake Como and shall also be considered to be a violation of the Alcoholic Beverage Control Board's Rules and Regulations.
b. 
Any licensee or their agent violating this subsection shall, upon conviction, be subject to a fine of not more than five hundred ($500.00) dollars and/or not more than thirty (30) days in jail.
[Ord. No. 94-586]
As used in this section:
TEEN NIGHTS
shall mean a scheduled dance or event held on the premises of a licensed plenary retail alcoholic beverage establishment and restricted to those patrons under the legal drinking age established by the State of New Jersey.
TEEN-NIGHT PARTICIPANTS
shall mean those individuals who are less than the legal drinking age as established in New Jersey who attend teen nights as hereinabove defined. This shall not apply to individuals employed by the licensed plenary retail alcoholic beverage establishment.
[Ord. No. 94-586]
The holding of a "teen night" is hereby prohibited upon any duly licensed plenary retail alcoholic beverage establishment within the Borough of Lake Como.
[1973 Code § 6-6]
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 or regulations of the State 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 (5)-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[1973 Code § 6-5; Ord. No. 94-586]
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
[N.J.S.A. 33:1-81]
It shall be unlawful for:
a. 
A person under the legal age for purchasing alcoholic beverages to 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 beverage; or
b. 
A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage; or
c. 
Any person to 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/her age have the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this subsection shall be deemed and adjudged to be a disorderly person, and in accordance with N.J.S.A. 33:1-81, as amended, shall be punished by a fine of not less than five hundred ($500.00) dollars. In addition, the Court shall suspend the person's license to operate a motor vehicle for six (6) months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six (6) months beginning on the date he/she 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.
[Ord. No. 92-561]
No person under legal age shall have in his possession any altered or false document or documents which misrepresents the individual's age, name, address or physical description of person in whose possession it is found, and which person presents this document for purpose of identification.
[Ord. No. 92-561]
As used in this section:
LEGAL AGE
shall mean that age established pursuant to N.J.S.A. 9:17B-1, and as same may be amended and supplemented by the legislature of the State of New Jersey. (Commonly known as the legal age to purchase and consume alcoholic beverages.)
[Ord. No. 92-561; New]
Violations of this section shall, upon conviction be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 285 § 1]
No alcoholic beverage shall be sold, served, delivered to or consumed, or allowed to be sold, served, delivered to or consumed, in any room or area in any premises controlled by a consumption liquor license in which the number of persons on the premises is greater than one (1) person for each eight (8) square feet of floor area of the premises.
[Ord. No. 285 § 2]
The floor area shall be that portion of the premises as defined by the liquor license application that is intended for use by the patrons and shall not include areas utilized for noncustomer usage, such as the bar area, kitchen area, storage area, restrooms, bandstands and the like.
[Ord. No. 285 § 3]
The Fire Subcode Officials shall cause each of the licensed premises to be inspected for the purpose of determining occupancy, consistent with the provisions of this section, and shall notify each license holder forthwith of the permitted occupancy.
[Ord. No. 285 § 4; New]
Any license holder who allows, suffers, or permits the licensed premises as defined by this section to be occupied in excess of one (1) person for eight (8) square feet of the floor area, shall be guilty of violating this section as per U.F.S.-U.C.C. requirements.
Prior ordinance history includes portions of Ordinance Nos. 89-530 and 96-622.
[Ord. No. 2010-843]
Every person, partnership, or corporation holding or applying for any Plenary Retail Consumption and/or Distribution License issued or to be issued in the Borough of Lake Como shall have each employee of said licensee whose employment requires his/her presence upon the licensed premises, report to the Lake Como Police Department within forty-eight (48) hours prior to the commencement of such employment, or within twenty-four (24) hours of approval of a license, in instances of newly licensed premises, for the purpose of registering with the Lake Como Police Department and having an Alcoholic Beverage Control (ABC) Identification Card issued to them. In addition to the requirements regarding the maintaining of an employee list, every licensee shall register all employees with the Police Department within twenty-four (24) hours after the commencement of any such employee's employment, and shall notify employees who are required to possess an employee identification card of their obligation to obtain same as required herein.
[Ord. No. 2010-843]
a. 
Employee Identification Cards shall be valid for one (1) year from the date of issuance. Employee identification cards which have not been expired for a period of thirty (30) days or more, may be renewed by submitting the information required in subsection 6-12.4b and the appropriate Police Department form and fee(s).
b. 
Every person, partnership or corporation currently holding any Plenary Retail Consumption and/or Distribution License in the Borough of Lake Como, and current employees of licensees, whose employment requires his/her presence upon the licensed premises, shall have five (5) days to comply with the provisions of subsection 6-12.1 of this section, upon this section taking effect upon final passage and publication as required by law.
c. 
Emergency Situations. In an emergency situation, where an employee is called to report to work, the employee is required to obtain an identification card prior to working his/her scheduled shift. For emergency purposes, identification shall be issued for an employee who registers with the Police Department at least one (1) hour prior to his/her shift.
[Ord. No. 2010-843]
The said registration and issuance of the identification card will be accomplished as follows:
The employee will report to the Lake Como Police Department and he/she will provide them with the following information:
a. 
Name of Employer
b. 
Full Name
c. 
Home Address
d. 
Home Telephone Number
e. 
Social Security Number
f. 
Date of Birth
g. 
Signature
h. 
Signed Waiver for Criminal History Check
i. 
Fingerprints
Upon all of the requested information being obtained, the Lake Como Police Department will photograph the employee and will issue the employee an ABC Identification Card, on such type and color of card as determined by the Lake Como Police Department.
Once the identification card is issued, it shall be worn at all times by the employee in a conspicuous manner so that the identification card can be clearly seen when the employee is actively engaged is working. Identification cards shall be worn by any employee having any contact with the public and/or handling, transporting or serving of alcohol, (such as bathroom attendants, bartenders, bar backs, floor men, doormen, managers, waitresses/waiters, security personnel (inside and outside)). Individuals working at the establishment, such as disc jockeys, entertainers, mechanical contractors, repairmen would be registered with the Police Department and listed on the E141A.
It shall also be the duty of the employee to immediately report any lost or stolen identification cards to the Lake Como Police Department.
It shall be the duty of the establishment to notify the Police Department when an individual is terminated or stops working for the establishment.
[Ord. No. 2010-843]
The Mayor and Council of the Borough of Lake Como reserve the right to set charges as it sees fit for the initial identification card and any lost, stolen, and/or damaged card that needs to be replaced.
Every employee registering with the Police Department as required by subsection 6-12.1 shall submit the following fees to the Police Department with the appropriate form(s):
a. 
The amount charged by any State or Federal agency for a criminal history record check and/or fingerprint inquiry where such an inquiry is permitted by law, which shall be paid by certified check or money order payable to the agency; or
b. 
A fifty ($50.00) dollar processing fee for an initial employee identification card; or a thirty-five ($35.00) dollar processing fee for the renewal of an Employee Identification Card, or for the addition or removal of additional employers. The renewal of any employee identification card that has been expired for a period of thirty (30) days or more shall be deemed an initial application and shall pay a fifty ($50.00) dollar processing fee in addition to any other requirements for an initial employee identification card. All fees required pursuant to the section shall be paid by certified check or money order payable to the Borough of Lake Como.
[Ord. No. 2010-843]
Any employee who shall fail to register as provided in this section, or who shall fail to properly wear and display the ABC Identification Card, shall be liable to the penalty stated in Chapter I, Section 1-5. Any person, partnership or corporation holding a Plenary Retail Consumption and/or Distribution License, who shall fail to have their employees register with the Lake Como Police Department and obtain identification cards or properly wear and display said identification cards as required by this section shall be subject to a fine of not more than two thousand ($2,000.00) dollars for each employee not in compliance with this section.