[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:
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.
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:
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.
