[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.
A.
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.
B.
On-Sunday sales are permitted except between the hours
of 3:00 a.m. and 7:00 a.m.
C.
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:
|
Year
|
Plenary Retail Consumption License
|
Plenary Retail Distribution License
|
Club License
|
|---|---|---|---|
|
2004
|
$864
|
$630
|
$150
|
|
2005
|
$1,036
|
$756
|
$180
|
|
2006
|
$1,243
|
$907
|
$188
|
|
2007
|
$1,491
|
$1,088
|
$188
|
|
2008
|
$1,789
|
$1,305
|
$188
|
|
2009
|
$2,146
|
$1,566
|
$188
|
|
2010
|
$2,500
|
$1,880
|
$188
|
|
2011
|
$2,500
|
$2,256
|
$188
|
|
2012
|
$2,500
|
$2,500
|
$188
|
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.
A.
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.
B.
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]
A.
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.
B.
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[1]]
[1]
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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:
(1)
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;
(2)
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;
(3)
The underage person was the first person to make the 9-1-1 report;
and
(4)
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.
