Editor's Note: Laws concerning alcoholic beverage control
are contained in Title 33 of the New Jersey Statutes. All ordinances
must be in conformity with these provisions and approved by the Director
of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes
the types of licenses that may be issued, their number, permissible
license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
[1973 Code § 8-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough in accordance with the provisions
of an act of the legislature of the State of New Jersey entitled "An
Act Concerning Alcoholic Beverages," comprising 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 State Director of Alcoholic Beverage Control.
[1973 Code § 8-2]
As used in this chapter, words and phrases herein shall have
the same meanings as they have in N.J.S.A. 33:1-1 et seq., and in
the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
[1973 Code § 8-3.1]
All applications for licenses, 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 § 8-3.2]
All licenses required by this chapter shall be issued by the
Governing Body of the Borough, which shall also administer the provisions
of this chapter.
[1973 Code § 8-3.3]
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.
[1973 Code § 8-3.4; Ord. No. 13-2004; Ord. No. 02-2016]
The annual license fees and maximum number of licenses for the
sale or distribution of alcoholic beverages in the Borough shall be
as follows:
|
Class of License
|
Annual License Fee
|
No. of Licenses
| ||
|---|---|---|---|---|
|
2016
|
2017
|
2018
| ||
|
Plenary Retail Consumption
|
$2,400.00
|
$2,500.00
|
$2,500.00
|
1
|
|
Plenary Retail Distribution
|
$1,852.00
|
$2,222.00
|
$2,500.00
|
1
|
|
Club
|
$180.00
|
$188.00
|
$188.00
|
2
|
[Ord. No. 13-2004]
The application fee for licenses shall be three ($3.00) dollars.
[1973 Code § 8-4.1]
No alcoholic beverages shall be sold, served, consumed in or
delivered to a licensed premises on any day between the hours of 2:00
a.m. and 7:00 a.m., excepting New Year's Day each year as hereinafter
provided.
[1973 Code § 8-4.2]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day no alcoholic beverages may be sold, served, consumed in or delivered to the licensed premises between the hours of 5:00 a.m. and 7:00 a.m.
[1973 Code § 8-6]
No licensee or employee of the 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
classes of persons.
[New]
During the hours when the sale, service, delivery or consumption
of alcoholic beverages on licensed premises is prohibited, all licensed
premises must remain closed for business except for the sale, service
delivery or consumption of food and/or non-alcoholic beverages. A
licensed premises which remains open when the sales, service, delivery
or consumption of alcoholic beverages on licensed premises is prohibited
shall close to the public that portion of the licensed premises which
is utilized for the sale, service, delivery or consumption of alcoholic
beverages.
[1973 Code § 8-5.5]
All licensees operating premises where alcoholic beverages are
sold or served for consumption on the premises shall keep permanently
displayed within clear view of each entrance to the room in which
the alcoholic beverages are served a sign not less than fourteen inches
by seventeen (14 x 17) inches in size stating "No minors permitted
in Bar Room unaccompanied by a parent or guardian."
[1973 Code § 8-7]
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 and 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 § 8-8]
Notwithstanding any provision contained in this chapter to the
contrary, all licensees operating premises where alcoholic beverages
are sold or served shall comply with all applicable land use ordinances
of the Borough of Roseland.
[1973 Code § 8-5.1; New]
It shall be unlawful for a person under the legal age, with
exceptions as provided by law, to enter any premises licensed for
the sale of alcoholic beverages for the purpose of purchasing or having
served or delivered to him any alcoholic beverage.
[New]
It shall be unlawful for a person under the legal age to consume
any alcoholic beverage on premises so 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.
[New]
No person over the legal age shall procure or purchase or attempt
to procure or purchase any alcoholic beverage for the purpose of distributing
the same to any person under the legal age, nor shall any person over
the legal age supply any person under the legal age with any alcoholic
beverage or beverages. This section shall not apply as between parent
and child within the confines of the home of either parent or child.
[1973 Code § 8-5.2; New]
It shall be unlawful for any person under the legal age to misrepresent
or misstate his/her age for the purpose of inducing any retail licensee
or any employee of any retail licensee to sell, serve or deliver any
alcoholic beverage to him/her.
[1973 Code § 8-5.3]
Any parent or guardian who accompanies a person under the legal
age into a premises in which alcoholic beverages are served and who
permits the minor to possess or consume alcoholic beverages shall
be presumed to have misrepresented the age of the person under the
legal age.
[1973 Code § 8-5.4]
No person under the legal age shall possess, transport, deliver,
serve, sell or consume any alcoholic beverage in any public place
within the Borough.
[New]
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person and, upon conviction
thereof, 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.
(As amended, P.L. 1985, c. 113, effective July 1, 1985.)
