[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.
[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.
[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.
Shall mean a person who has qualified as a guardian of the
underage person pursuant to a testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[Added 3-16-2023 by Ord. No. 2715]
The Borough of Roselle Park recognizes that certain unlicensed
establishments may permit the consumption of wine and malt alcoholic
beverages on-site pursuant to the provisions of N.J.S.A. 2C:33-27.
The provisions of this statute are recognized as permissive of the
consumption of wine and malt beverages at unlicensed premises by business
patrons unless the municipality adopts regulations to the contrary.
It is the Borough of Roselle Park's intention to locally
restate the provisions of N.J.S.A. 2C:33-27, and explicitly permit
such activities. Nothing within the foregoing Section shall be construed
as acting contrary to the limitations and regulations concerning unlicensed
premises. Likewise, nothing within the foregoing section shall be
construed as contrary to any statutory preemption.
[Added 3-16-2023 by Ord. No. 2715]
The Borough of Roselle Park shall generally permit the consumption
of certain alcoholic beverages in unlicensed business establishments
pursuant to N.J.S.A. 2C:33-27; the provisions of which are enumerated
and generally restated as follows:
a.
No person who owns or operates a restaurant, dining room or other
public place where food or liquid refreshments are sold or served
to the general public, and for which premises a license or permit
authorizing the sale of alcoholic beverages for on-premises consumption
has not been issued:
1.
Shall allow the consumption of alcoholic beverages, other than wine
or a malt alcoholic beverage, in a portion of the premises which is
open to the public; or
2.
Shall charge any admission fee or cover, corkage or service charge;
or
3.
Shall allow the consumption of wine or malt alcoholic beverages at
times or by persons to whom the service or consumption or alcoholic
beverages on licensed premises is prohibited by State or municipal
law or regulation.
b.
Nothing within this Section shall restrict the right of an owner
or operator of a restaurant, dining room or other public place where
food or liquid refreshments are sold or served to the general public
from prohibiting the consumption of alcoholic beverages on those premises.
c.
A person who violates any provision of Section is a disorderly person,
and the court, in addition to the sentence imposed for a disorderly
person violation, may by its judgment bar the owner or operator from
allowing consumption of wine or malt alcoholic beverages in his premises
as authorized by this Section.
