Borough of Roselle, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 20.
Food and beverage vending machines — See Ch. 69.
Sanitation — See Ch. 125.
[Adopted 7-29-1960 by Ord. No. 1037[1]]
[1]
Editor's Note: The provisions of this article are derived from Chapter 3 of the Revised Ordinances of the Borough of Roselle adopted 7-29-1960.
[Amended 10-12-1970 by Ord. No. 1250[1]]
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:
[Amended 10-26-1977 by Ord. No. 1420; 2-22-1995 by Ord. No. 1961]
Classification
Limitation
Fee
Plenary retail consumption license
12
$900
Plenary retail distribution license
12
$600
Limited retail distribution license
1
$50
Club license
5
$50
B. 
The aforesaid limitation on the number of licenses in  each classification shall not prevent the renewal of licenses outstanding on July 8, 1954, nor the transfer of such licenses and the renewal of licenses so transferred.
[1]
Editor's Note: Ord. No. 1250, adopted 10-12-1970, adopted supplements to the Revised Ordinances of the Borough of Roselle adopted 7-29-1960 as Ord. No. 1037.
[Amended 4-22-1992 by Ord. No. 1861]
A. 
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or permit consumption of any alcoholic beverage on the licensed premises on New Year's Day, when it is not a Sunday, between the hours of 4:00 a.m. and 7:00 a.m.; on New Year's Day, when it is a Sunday, between the hours of 4:00 a.m. and 1:00 p.m.; on other days, except Saturdays and Sundays, between the hours of 2:00 a.m. and 7:00 a.m.; and on Saturdays, between the hours of 3:00 a.m. and 7:00 a.m.; and on other Sundays between the hours of 3:00 a.m. and 12:00 noon. The hours referred to shall be Eastern standard time or Eastern daylight saving time, depending upon current federal regulations.
[Amended 3-20-1996 by Ord. No. 2002; 7-16-2003 by Ord. No. 2188]
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 7:00 a.m. and 10:00 p.m.
[Added 2-22-1995 by Ord. No. 1962]
[Amended 1-8-1975 by Ord. No. 1338]
Any person who shall violate § 37-2 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]
[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 § 37-4 or § 37-5 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 §§ 37-4 and 37-5 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.
[1]
Editor's Note: Former § 37-9, Violations and penalties, was repealed 4-22-1998 by Ord. No. 2069. See now § 37-6, Violations and penalties.
[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]
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 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.
[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.