[Adopted as Ch. 37, Art. I, of the 1975 Borough Code]
[Amended 10-12-1970 by Ord. No. 1250; 10-26-1977 by Ord. No. 1420; 2-22-1995 by Ord. No. 1961; 9-16-2020 by Ord. No. 2629-20]
A. The following is the classification of, limitation on the number
of and annual fee for licenses for the sale of alcoholic beverages
within the Borough:
Classification
|
Limitation
|
Fee
|
---|
Plenary retail consumption license
|
12
|
$1,050
|
Plenary retail distribution license
|
12
|
$720
|
Club license
|
5
|
$150
|
B. The aforesaid limitation on the number of licenses in each classification
shall not prevent the renewal of licenses outstanding, nor the transfer
of such licenses and the renewal of licenses so transferred.
C. The aforesaid
annual fees for plenary retail consumption licenses and plenary retail
distribution licenses shall further increase according to the following
schedule:
Year
|
Plenary Retail Consumption License
|
Plenary Retail Distribution License
|
---|
2022
|
$1,250
|
$860
|
2023
|
$1,500
|
$1,025
|
2024
|
$1,800
|
$1,225
|
2025
|
$2,150
|
$1,470
|
2026
|
$2,500
|
$1,750
|
2027
|
$2,500
|
$2,100
|
2028
|
$2,500
|
$2,500
|
[Amended 4-22-1992 by Ord. No. 1861; 2-22-1995 by Ord. No. 1962; 3-20-1996 by Ord. No. 2002; 7-16-2003 by Ord. No. 2188; 4-18-2012 by Ord. No. 2427-12]
A. No alcoholic beverages shall be sold, served, delivered or consumed,
nor shall any license permit the sale, service, delivery or consumption
of any alcoholic beverage, directly or indirectly, upon the licensed
premises between the following hours:
Monday through Friday except January 1
|
2:00 a.m. and 9:00 a.m.
|
Saturday
|
3:00 a.m. and 9:00 a.m.
|
Sundays, except January 1
|
3:00 a.m. and 12:00 noon
|
December 25 when on a Monday through Friday
|
2:00 a.m. and 9:00 a.m.
|
December 25 when on a Saturday or Sunday
|
3:00 a.m. and 12:00 noon
|
January 1 when on a Sunday
|
4:00 a.m. and 1:00 p.m.
|
January 1 when on a weekday
|
4:00 a.m. and 9:00 a.m.
|
*Other legal holidays
|
2:00 a.m. and 9:00 a.m.
|
|
NOTES:
|
*
|
Which shall include Martin Luther King Day, Washington's Birthday
(observed), Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day and Thanksgiving Day.
|
B. During the hours that sales of alcoholic beverages are prohibited as stated in Subsection
A, the entire licensed premises shall also be closed. The "closing of the licensed premises" shall be defined as having all persons who are not employees off the premises and, in addition, shall mean that no alcoholic beverages shall be served or consumed by anyone.
C. Restaurants licensed by the Borough of Roselle may apply to the Mayor
and Council to remain open after hours for the purpose of conducting
business other than sales, service, consumption or delivery of alcoholic
beverages. All approvals shall be documented on both the application
and the actual license.
D. The hours of sale for delivery of any alcoholic beverage within the
Borough of Roselle by a plenary retail distribution or limited retail
distribution licensee shall be between the hours of 9:00 a.m. and
10:00 p.m.
[Amended 1-8-1975 by Ord.
No. 1338]
Any person who shall violate §
126-2 shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment not exceeding 90 days, or both fine and imprisonment, in the discretion of the Judge.
[Adopted 9-26-1979 by Ord. No. 1471 (Ch. 37, Art. II, of the 1975 Borough
Code)]
[Amended 4-22-1998 by Ord. No. 2069]
A. No person shall, within the limits of the Borough of Roselle, drink,
imbibe, consume or offer to another for consumption any alcoholic
beverage container or have in his possession any unsealed alcoholic
beverage container with alcoholic beverages therein:
(1) In the parking area adjacent to any licensed premises for the sale
of alcoholic beverages.
(2) While in or on a public street, lane, roadway, avenue, sidewalk,
public parking place, playground, recreational area, school building
or grounds or any other public place.
(3) Upon any land or in any building owned or occupied by any federal,
state, county or municipal government.
(4) While in or about any other public or quasi-public place, or place
to which the public is invited, including but not limited to any business,
banking, church, institutional, commercial or professional premises;
provided however, that such consumption or possession shall be permitted
with the express permission of the owner or other body, board or person
having the authority to grant such permission.
(5) Upon any private property, not his or her own, without the express
permission of the owner or other person having authority to grant
such permission.
B. For the purpose of Subsection
A, a container shall be regarded as "unsealed" when:
(1) Its top or cork has been removed; or
(2) Any of its contents have been removed; or
(3) The government tax stamp has been removed or broken; or
(4) In the case of a metal container, the container has been opened in
any fashion; or
(5) In the case of a twist top container, the original seal has been
broken.
C. None of the foregoing provisions shall apply to any park, public
picnic area or land or building owned or occupied by any federal,
state, county or municipal government where the consumption of alcoholic
beverages at occasions or events held by bona fide nonprofit organizations
or other groups is specifically permitted by resolution of the Mayor
and Council; nor shall any of the provisions of this article in any
way interfere with the authority of the New Jersey Division of Alcoholic
Beverage Control or Mayor and Council to issue temporary licenses
for the consumption of Alcoholic beverages pursuant to law.
[Amended 4-22-1998 by Ord. No. 2069]
No person shall discard alcoholic beverage containers, cans
or bottles upon any public street, lane, roadway, sidewalk, public
parking lot or any other public place or upon private property not
his or her own without the express permission of the owner.
[Amended 4-22-1998 by Ord. No. 2069; 12-19-2001 by Ord. No. 2148]
Any person who violates any provisions of §
126-4 or §
126-5 shall, upon conviction thereof, be punished by a fine not more than $1,000 or be subject to imprisonment in the county jail for a period of 90 days or by a period of community service not exceeding 90 days. The court may impose all, some or any combination of these sanctions. Upon a second conviction, the court shall impose a fine of not less than $250.
Notwithstanding the provisions contained in §§
126-4 and
126-5 of this article, the Mayor and Council of the Borough of Roselle may, by further ordinance or resolution, permit the possession or consumption of alcoholic beverages in a designated park, playground or recreational area or other public place at a designated time or times in connection with any purpose or events which have been authorized by the Mayor and Council of the Borough of Roselle.
Application for a permit to consume alcoholic beverages in a
public park, playground, recreational area or other public place shall
be made to the Mayor and Council of the Borough of Roselle.
[Added 4-22-1992 by Ord.
No. 1861]
It shall be unlawful for any person under the legal age to consume
alcoholic beverages to enter any licensed premises for any purpose
unless accompanied by his or her parent or by some person who is of
the legal age to consume alcoholic beverages and is responsible for
that underaged person.
[Added 4-22-1992 by Ord.
No. 1861; amended 8-18-2010 by Ord. No. 2373-10]
No licensee and no employee or agent of a licensee shall sell,
serve or deliver nor shall any licensee nor any employee or agent
of a licensee suffer or permit the sale, service or delivery of any
alcoholic beverage, directly or indirectly, to any mental defective,
habitual drunkard, intoxicated or apparently intoxicated person or
minor nor allow, permit or suffer the consumption of alcoholic beverages
by any such persons upon the licensed premises nor permit any such
persons to congregate in or about the licensed premises. If a licensee's
employee or agent, authorized to sell, serve or deliver alcoholic
beverages, sells, serves or delivers such beverages in violation of
this section, the sale, service or delivery shall be deemed the act
of the licensee as well as that of the employee or agent, and the
licensee as well as the employee or agent shall be guilty of a violation
of this article.
[Added 4-22-1992 by Ord.
No. 1861]
A. The Local Alcoholic Beverage Control Board shall consist of the Mayor
and the members of the Roselle Borough Council. They shall be responsible
for the issuance, renewal and transfer of all licenses and shall conduct
hearings for all violations of state and local alcoholic beverage
control laws and ordinances.
B. The Chief of the Roselle Police Department or his designee shall
be responsible for conducting all investigations of alcoholic beverage
control violations and inspections of licensed premises.