Borough of Roselle Park, NJ
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note: For regulations prohibiting the sale or consumption of alcoholic beverages in public places or on Board of Education property, see Chapter 3, § 3-1.
[1980 Code § 75-1; New; Ord. No. 2207 § 1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Roselle Park in accordance with the provisions of an Act of 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.
[1980 Code § 75-13; New; Ord. No. 2207 § 1]
For the purpose of this chapter, the words and phrases herein shall have the same meaning as 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 hours referred to shall be Eastern standard time or Eastern daylight saving time, depending upon current federal regulation.
[New; Ord. No. 2207 § 1]
All applications for licenses or special permits and all licenses issued, and all proceedings under this chapter shall be in accordance with the Act, Rules and Regulations referred to in § 6-1, and all other applicable laws of the State of New Jersey or of the United States.
[1980 Code § 75-2; Ord. No. 2207 § 1]
All licenses required by this chapter shall be issued by the Mayor and Borough Council, which shall also administer the provisions of this chapter.
[1980 Code § 75-5; New; Ord. No. 2207 § 1]
No person shall sell or distribute alcoholic beverages within the Borough of Roselle Park without having obtained a license in accordance with the Act referred to in § 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.
[1980 Code §§ 75-3; 75-4; Ord. No. 2171 § 1; Ord. No. 2203 § 1; Ord. No. 2207 § 1; Ord. No. 2242 § 1]
The classes of licenses and annual license fees of licenses for the sale and distribution of alcoholic beverages in the Borough shall be as follows:
a. 
License Fees.
[Amended 3-21-2019 by Ord. No. 2566]
Class of License
Annual License Fee
Plenary Retail Consumption License
$1,500
Plenary Retail Distribution License
$1,000
Club License
$140
b. 
Term. All licenses shall be for a term of one year from the first day of July of each year, and all fees shall be paid in accordance with the provisions of New Jersey State law inclusive of Title 33 and the regulations promulgated by the New Jersey Division of Alcoholic Beverage Control.
[Amended 3-21-2019 by Ord. No. 2566]
c. 
Qualification. No license shall be issued to any person not fully qualified under the provisions of Title 33 of the New Jersey Statutes Annotated as amended and supplemented.
d. 
Number of Licenses Limited.
1. 
No plenary retail consumption license shall be issued in the Borough of Roselle Park unless and until the combined total number of such licenses existing in the Borough is fewer than one (1) for each three thousand (3,000) of its population as shown by the last Federal census.
2. 
No new plenary retail distribution license shall be issued in the Borough of Roselle Park unless and until the number of such licenses existing in the Borough is fewer than one (1) for each seven thousand five hundred (7,500) of its population as shown by the last Federal census.
3. 
Provisions of this section shall not apply to the renewal of licenses which are issued and outstanding, nor shall the provisions apply to the transfer of such licenses nor to the renewal of licenses so transferred.
[Ord. No. 2207 § 1]
All applications for licenses shall be set forth, in full, answers to questions prescribed by the aforesaid Act and by the rules and regulations of the State Director, and shall include declarations called for by these provisions.
[Ord. No. 2207 § 1]
No license shall be issued except after written application presented by the proposed licensee, upon forms approved by the Governing Body and inspection and investigation by the Alcoholic Beverage Control Investigation and Enforcement Unit, and after conformity with publication of notice and otherwise, as required by the Act and this chapter.
[Ord. No. 2207 § 1]
The holder of a plenary retail consumption license shall be entitled, subject to rules and regulations, to sell for consumption on the licensed premises any alcoholic beverage by the glass or other open receptacle, and also to sell all alcoholic beverages in original containers for consumption off the licensed premises. Such license shall not permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drugstore or other mercantile business is carried on, except the keeping of a hotel or restaurant or the sale of cigars and cigarettes at retail, as an accommodation to patrons, or the retail sale of nonalcoholic beverages as necessary beverages to alcoholic beverages.
[Ord. No. 2207 § 1]
The holder of a plenary retail distribution license shall be entitled, subject to Rules and Regulations, to sell any alcoholic beverage for consumption off the licensed premises, but only in original containers.
[Ord. No. 2207 § 1]
a. 
The holder of a club license shall be entitled, subject to Rules and Regulations, to sell, only to bona fide club members and their guests, alcoholic beverages intended for immediate consumption on the licensed premises.
b. 
Club Licenses Limited; Hotels and Motels Excepted.
1. 
Club licenses shall be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain, and such licenses shall be subject to the qualifications, conditions and restrictions imposed by the State Commissioner of Alcoholic Beverage Control; provided, however, that no license shall be granted hereafter unless and until the number of such licenses issues and outstanding shall be less than twelve (12), except as hereinafter set forth.
2. 
Nothing contained in Subsection b1 above shall prevent the issuance in the Borough of Roselle Park of a new license to a person who operates a hotel or motel containing at least one hundred (100) sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least one hundred (100) sleeping rooms; provided, however, that the renewal or transfer of such a license must be renewed for or transferred to a hotel or motel containing at least one hundred (100) sleeping rooms.
c. 
Each application for a club license shall set forth the names and addresses of all officers, trustees, directors or other governing officials, together with the names and addresses of all the members of the applying club, corporation or association.
d. 
When the number of club licenses issued and outstanding shall be less than twelve (12), except as provided in Subsection b2 above, additional licenses may be granted, but only such numbers that the number of club licenses issued and outstanding shall not exceed twelve (12).
[Ord. No. 2207 § 1]
No license shall be issued to any person, firm, corporation, group or partnership not fully qualified under the provisions of the Act and the Rules and Regulations.
[Ord. No. 2207 § 1]
a. 
No plenary retail consumption license shall be transferred to another premises or granted to a premises within a distance of four hundred (400) feet from an existing licensed premises covered by a plenary retail consumption license, unless (1) the owner(s) of the existing plenary retail consumption license waives enforcement of this provision; (2) the plenary retail consumption license will apply to premises used as a restaurant serving alcoholic beverages as defined in N.J.S.A. 33:1-1t; and (3) the Borough Council waives the four hundred (400) foot distance provision after providing interested parties with an opportunity to be heard.
b. 
No plenary retail distribution license shall be transferred to another premises or granted to a premises within a distance of four hundred (400) feet from an existing licensed premises covered by a plenary retail distribution license.
c. 
The provisions of Subsection a and b of this subsection shall not apply to the renewal of licenses which are issued and outstanding, nor to the renewal of such licenses hereafter transferred to another person, provided that the place of business or premises shall remain the same as set forth in the license issued and outstanding.
d. 
The provisions of Subsection a and b of this subsection shall not apply to the first transfer of any such license to another premises, provided that the premises to which the business is transferred shall be within six hundred (600) feet to be measured in the normal way that a pedestrian would properly walk from the nearest entrance of the premises to the nearest entrance of the premises sought to be licensed.
[1980 Code § 75-13; Ord. No. 2207 § 1]
No licensee shall sell, serve or deliver or allow, or permit the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on a licensed premises on weekdays between 2:00 a.m. and 6:00 a.m. of the following weekday morning.
The above mentioned hours shall be construed to mean Eastern Standard Time or Eastern Daylights Savings Time, whichever time shall be in effect within the Borough of Roselle Park.
[1980 Code § 75-13; Ord. No. 2207 § 1; Ord. No. 2475-2016]
No licensee shall sell, serve, deliver or allow, or permit the sale, service and delivery or consumption of any alcoholic beverage on a Sunday between the hours of 2:00 a.m. and 9:00 a.m.
[1980 Code § 75-13]
The provisions of Subsection 6-4.1 shall not apply on Christmas Day, December 25. No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on licensed premises on Christmas Day when it is a Sunday between the hours of 3:00 a.m. and 1:00 p.m.; on Christmas Day and when it is a weekday between the hours of 3:00 a.m. and 6:00 a.m.
[1980 Code § 75-13; Ord. No. 2207 § 1]
No licensee shall sell, serve, deliver or allow, or permit the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage upon the licensed premises between the hours of 4:00 a.m. and 6:00 a.m. on New Year's Day when it falls on a weekday, or between the hours of 4:00 a.m. and 12:00 noon when New Year's Day falls on a Sunday.
[1980 Code § 75-9; New; 2207 § 1]
No person shall be served in any back room or side room which is not open to the use of the public generally, except that in hotels guests may be served in their rooms or in private or public dining rooms, and provided also that this prohibition shall not apply to club licenses.
[Ord. No. 2207 § 1]
No licensee shall be issued for the sale of alcoholic beverages within two hundred (200) feet of any church or public school or private schoolhouse not conducted for pecuniary profit, except to manufacturers, wholesalers, hotels, clubs and fraternal organizations which own or are actually in possession of the licensed premises at the time of the effectiveness of the aforesaid act, the two hundred (200) feet to be measured in the normal way that a pedestrian would properly walk from the nearest entrance of the church or school to the nearest entrance of the premises sought to be licensed; provided, however, that this prohibition may be waived at the issuance or renewal of such license by the duly authorized Governing Body or authority of such school or church, and such waiver shall be effective until the date of the next renewal of the license by the duly authorized Governing Body; and provided also that this prohibition shall not apply to the renewal of the license where no such school or church was located within the prohibited distance of the licensed premises at the time of the issuance of the license, or as otherwise excepted by the provisions of the Act.
[Ord. No. 2207 § 1]
Any person, except an officer or other person authorized by and acting pursuant to instructions from such officer, so doing in the course of and for the purpose of enforcing said act, who shall knowingly purchase, receive or procure any illicit beverage, on conviction thereof shall be subject to a fine of not less than five hundred ($500) dollars and not more than one thousand ($1,000) dollars or imprisonment for not less than two (2) days and not more than ten (10) days, or by both such fine and imprisonment, in the discretion of the court.
[1980 Code § 75-10; Ord. No. 2207 § 1]
All premises in which alcoholic beverages shall be sold or otherwise dispensed, excepting guest rooms in hotels and private dining rooms in hotels and restaurants and those which hold club licenses, shall have reasonable access of light from the public street, and such premises shall be deemed to have reasonable access of light when a normal-sized adult can, on inspection from the exterior, view the interior of the licensed premises.
[1980 Code § 75-6; Ord. No. 2207 § 1]
a. 
During the hours sales of alcoholic beverages are prohibited, all licensed premises except those for which plenary retail distribution licenses are issued and on which other mercantile business is conducted, and those for which plenary retail consumption licenses are issued and on which a bona fide restaurant is conducted, shall be closed.
b. 
The hours above referred to shall be the time officially in effect in the Borough of Roselle Park.
[1980 Code § 75-14; Ord. No. 2207 § 1]
No licensee shall sell, serve or deliver, nor shall any licensee suffer or permit the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any intoxicated person or persons under the legal age; or allow, permit or suffer the consumption of alcoholic beverages by any such persons upon the licensed premises; or permit any such persons to congregate in or about the licensed premises.
[1980 Code § 75-7; Ord. No. 2207 § 1]
No licensee shall cause, permit or suffer any alcoholic beverage to be sold, served or dispersed to any persons under the legal age, as defined by New Jersey Statutes, or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
[New; Ord. No. 2207 § 1]
a. 
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's Director of Alcoholic Beverage Control.
b. 
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 against the licensee and affording a reasonable opportunity for a hearing before the Borough Council.
c. 
Suspension or revocation of the license shall be in addition to any other penalty which may be imposed for a violation of the provision of this chapter.
[New; Ord. No. 2207 § 1]
It shall be unlawful for any minor to enter any licensed premises for any purpose unless accompanied by his parent or by some person who is not a minor.
It shall be unlawful in the Borough of Roselle Park for any person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her any alcoholic beverage.
A minor may enter any licensed premises in the regular pursuit of his business, trade, or occupation.
[New; Ord. No. 2207 § 1]
It shall be unlawful for a person under the legal age to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverages.
[New; Ord. No. 2207 § 1]
It shall be unlawful for any person under the legal age to misrepresent or misstate his or her age for the purpose of inducing any licensee or any employee of any licensee or any person acting in behalf of any licensee to sell, serve or deliver any alcoholic beverages to him or her.
[Ord. No. 2207 § 1]
It shall be the duty of any licensee or any of his employees, if in doubt as to the age of any person desiring to purchase alcoholic beverages, to ascertain, by reasonable means, the age of such person before selling, serving or delivering alcoholic beverages to such person.
[New]
No person shall invite or induce any person under the legal age to be served with or have in his or her possession any alcoholic beverage.
[New; Ord. No. 2207 § 1]
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 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 age have the right to purchase and consume alcoholic beverages.
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) 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 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 N.J.S.A. 33:1-81 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. (N.J.S.A. 33:1-81)
[Ord. No. 2207 § 1]
The Investigation Division of the Roselle Park Police Department is hereby designated as the Alcoholic Beverage Control Investigation and Enforcement Unit and is hereby authorized and empowered to investigate, inspect, search or examine any licensed premises as may be necessary for the Alcoholic Beverage Control Laws, and rules and regulations promulgated thereunder.
[1]
Editor's Note: § 6-7 Regulations for Licensees and Employees of Licensed Premises was deleted by Ord. No. 2500-2017.
[Ord. No. 2336 § 1]
It is hereby 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 under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage in or on any school property, public conveyance, public place or place of public assembly or on private property shall be in violation of this section.
[Ord. No. 2336 § 1]
a. 
Any person found guilty of violating the terms of this section shall be subject to a fine of two hundred fifty ($250) dollars for the first offense and a fine of three hundred fifty ($350) dollars for any subsequent offense; perform community service for a period not to exceed one hundred eighty (180) days; and, if considered necessary by the court, be referred to an alcohol treatment program at the defendant's expense; at the discretion of the court, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or postpone for six (6) 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 Motor Vehicle Commission 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 seventeen (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 (6) months after the person reaches the age of seventeen (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 Motor Vehicle Commission 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.
[Ord. No. 2336 § 1]
a. 
This section 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 has been 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 post-secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section, 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.
[Ord. No. 2336 § 1]
As used in this section, the following terms shall have the meanings indicated.
GUARDIAN
Shall mean a person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
RELATIVE
Shall mean the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.