[HISTORY: Adopted by the Township Committee of the Township of Lacey as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Township Committee of the Township of Lacey 5-17-1974 as Ch. 44 of the 1974 Code; amended in its entirety 7-11-1996 by Ord. No. 96-36]
For the purpose of this article, relevant words and phrases herein shall have the same meanings 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.
The governing body of the Township of Lacey may, in accordance with the provisions of N.J.S.A. 33:1-12.14 and 33:1-20, issue retail consumption, seasonal retail consumption and retail distribution licenses.
All licenses required by this article shall be issued by the governing body of the Township of Lacey, which shall also administer the provisions of this article.
No person shall sell or distribute alcoholic beverages within the township without having obtained a license in accordance with N.J.S.A. 33:1-1 et seq., and the provisions of this article.
[Added 9-8-2011 by Ord. No. 2011-17]
The governing body of the Township of Lacey hereby limits the number of club licenses to be issued to five.
Except as otherwise permitted herein, all hotels, motels, restaurants, taverns or stores engaged in the retail sale of alcoholic beverages for consumption either on or off the premises shall be permitted to engage in such sale except between the hours of 2:00 a.m. and 7:00 a.m.
On-Sunday sales are permitted except between the hours of 3:00 a.m. and 7:00 a.m.
On the first day of January, sales may be extended throughout the day.
[Amended 7-11-1996 by Ord. No. 96-36]
No delivering or serving of any alcoholic beverage shall be made, permitted or suffered on any licensed premises during any period when the sale of alcoholic beverage is prohibited hereby.
The hours fixed herein shall be Eastern standard time or Eastern daylight saving time depending upon the time standard in effect in the State of New Jersey.
Each and every license for the sale of any alcoholic beverage shall be issued subject to statutory provisions, the rules and regulations of the Director of the Division of Alcoholic Beverage Control and also subject to any and all rules and regulations to be adopted by the governing body of this municipality.
[Amended 6-14-2001 by Ord. No. 01-29; 3-25-2004 by Ord. No. 2004-13]
The annual license fees for licenses in this municipality shall be and are hereby fixed as follows:
Upon conviction, after hearing, of any violation of any provision of this article or any statute, rule or regulation aforesaid, any license issued or created by this municipality may be suspended or revoked in accordance with rules and regulations heretofore or hereafter promulgated by the Director of the Division of Alcoholic Beverage Control.
New liquor licenses may be issued in accordance with the requirements of N.J.S.A. 33:1-12.14 and in accordance with the procedures set forth in N.J.S.A. 33:1-19.1, as well as any other statute or administrative regulation governing the issuance of said license.
The Township may, by resolution, authorize the issuance of plenary retail consumption or plenary retail distribution licenses by public sale to the highest qualified bidder pursuant to N.J.S.A. 33:1-19.3.
[Added 1-26-2017 by Ord. No. 2017-05]
Each alcohol establishment licensee is required to ensure all front of the house employees (managers, servers, hosts, and bartenders and bus employees) are certified and keep current a certification in alcohol management. TIPS (Training for Intervention Procedures) and TAMS (Techniques of Alcohol Management) certifications will be accepted. Additional programs may be acceptable and will be determined on an individual basis. The alcohol establishment licensee will keep, on record, a copy of employee certification numbers 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.
[Amended 9-8-2011 by Ord. No. 2011-17]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not to exceed $2,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[Adopted 1-26-2012 by Ord. No. 2012-01]
Editor's Note: This ordinance was originally adopted as Ch. 131 but was renumbered for organizational purposes.
As used in this article, the following terms shall have the meanings indicated:
- A person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
- The underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
It is unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
Any person found guilty of violating the terms of this article 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 guilt, 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 Division of Motor Vehicles 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 Division of Motor Vehicles 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.
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.
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 Division 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 Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
This article 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.
This section shall not prohibit the possession of alcoholic beverages by any underage 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 postsecondary educational institution; however, this ordinance shall not be construed to preclude the imposition of a penalty under this article, 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.
An underage person and one or two other persons, if applicable, shall be immune from prosecution under this article prohibiting any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property if:
One of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;
The underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;
The underage person was the first person to make the 9-1-1 report; and
The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.