Township Council Meeting — Packet

and to put the public on notice that the same are prohibited as a health and safety concern for the general welfare of the public. a. Definitions. As used in this Section of the Code, the following terms shall be prescribed the following meanings: ADVERTISE, ADVERTISEMENT, AND/OR ADVERTISING Shall be defined for the purposes of this subsection to include the creation of any flyer, social media posting, text message, or other form of electronic or other communication soliciting guests to a residential home for payment of any amount. POP-UP PARTY(IES) Shall be defined as a party including any event and/or gathering occurring in a any residential home, apartment or other location (excluding commercial establishments such as licensed restaurants, bars, or other event halls where such activity is permitted) whereby the owner, occupant and/or operator of the residence solicits or advertises the use of any residence or residentially zoned property within the Township for an event, party, or gathering for remuneration or and where the guests are subject to payment for tickets, wristbands, or other mode of entry into the residence, or for food, alcoholic or non-alcoholic beverages., other than events held exclusively for the benefit of bona fide charitable organizations located within the Township of West Orange or political campaigns for public office. REMUNERATION Shall be defined as money, profit, income, compensation or other thing of value, received in exchange for access to an individuals residence, and/or food, alcohol and/or non- alcoholic beverage therein, for a profit. This term does not include donations to not-for- profits, charitable organizations, political candidates, or political organizations. b. Scope and Purpose. The provisions of this section govern the prohibition of Pop-Up Parties and their advertisement within the Township of West Orange, and the enforcement of penalties to those who violate this section. c. Prohibitions. 1. It is unlawful for Aany person, owner, occupant, or operator of a residence or residentially zoned property located in the residential zoning district of anywhere in the Township of West Orange shall be prohibited from to advertiseing or otherwise soliciting monies for entry into their home, food, or beverages to attend any

district of anywhere in the Township of West Orange shall be prohibited from to advertiseing or otherwise soliciting monies for entry into their home, food, or beverages to attend any pop-up party as defined 2

herein, and the same shall be considered a violation of this subsection, subject to the penalties provided for herein. 2. It is unlawful for Aany person, owner, occupant, or operator of a residence or residentially zoned property located anywhere in the Township of West Orange who to rents or otherwise loans their property in the residential district of the Township of West Orange to a person for a pop-up party, and the same shall be considered is in a violation of this subsection., subject to the penalties provided for herein.. 3. It is unlawful for Aany person who to creates, submits, Advertise or otherwise posts permit an aAdvertisement for a pop-up party and the same shall be considered in a violation of this subsection and the same shall be considered a separate violation under this subsection, subject to the penalties provided for herein. 4. Exemptions: Activities, gatherings, or other events that may constitute a pop-up party under this subsection shall be exempted where the proceeds for the same shall be used for any bona fide charitable organization licensed in the State of New Jersey and/or for political contributions to any bona fide local, state, or federal campaign which has been properly registered with the appropriate authority. d. Enforcement. The Township Police Department, the Township Health Department, the Township Zoning Official, the Township Fire Department, their agents, employees, officers, or assigns shall have the power to enforce the provisions of this subsection. e. Penalties. All penalties for violation of any provision of this subsection shall be the maximum penalty of $2,000.00, as governed by the provisions of § 1-5.1 et seq. of the Revised General Ordinances of the Township of West Orange. f. Severability. Each section, subsection, sentence, clause and phrase of this subsection is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this subsection. g. Repealer. All other ordinances or parts of ordinances inconsistent with this subsection are hereby repealed. h. Effective date. This

shall not affect any other portion of this subsection. g. Repealer. All other ordinances or parts of ordinances inconsistent with this subsection are hereby repealed. h. Effective date. This subsection shall be in full force and effect from and after its adoption and any publication as required by law. SECTION 2. Severability. Each section, subsection, sentence, clause and phrase of this subsection is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or 3

holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this subsection. SECTION 3. Repealer. All other ordinances or parts of ordinances inconsistent with this subsection are hereby repealed. SECTION 4. Effective date. This subsection shall be in full force and effect from and after its adoption and any publication as required by law. NOTICE NOTICE IS HEREBY GIVEN, that the above Ordinance was introduced and passed on first reading at the regular meeting of the Township Council of the Township of West Orange, County of Essex, State of New Jersey held in the Municipal Building on the ____th day of ______________, 2026, and the same came up for final passage at the regular meeting of the Township Council held on the _____ day of ______________, 2026, at which time, after persons interested were given the opportunity to be heard concerning said Ordinance, the same was passed and will be in full force and effect in the Township of West Orange after approval by the Mayor or in accordance with law. Susan McCartney, Mayor Karen J. Carnevale, R.M.C. Susan Scarpa, Council President Municipal Clerk Introduced: Adopted: _____-26 Legislative History The Township of West Orange (the “Township”) has received numerous complaints from residents in various neighborhoods throughout the Township regarding parties, events, and/or gatherings wherein the attendees of the events have purchased tickets or wristbands for entry into residential homes within the Township. The purpose of this Section is to provide recourse for the Township if such “pop-up” parties occur in the future and to put the public on notice that the same are prohibited as a health and safety concern for the general welfare of the public. 4

797-26 August 4, 2026 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY WEST ORANGE ABC BOARD RESOLUTION WHEREAS, an application has been filed by Angelitos, LLC t/a El Palacio DePollo, located at 540 Valley Road, West Orange, New Jersey, for renewal of its Plenary Retail Consumption License # 0722-33-039-008, for the 2026-2027 License Term, which License was obtained by Angelinos, LLC, on May 29, 2012, through a person to person transfer of said License from Duran & Vera, L.L.C., t/a El Rancho, which Licensee had a history of violations and incidents resulting in Special Conditions being attached to its License since the 2005 - 2006 License Term; and WHEREAS, the West Orange Police Department, due to the extensive enforcement history, repeated quality of life complaints from the neighborhood, and need for extensive police intervention, recommended that the Special Conditions attached to the prior Licensee, Duran & Vera, be carried over to the new Licensee, Angelitos, at least until experience with the operations of the new Licensee makes clear that those Special Conditions, or some of them, can be relaxed without putting the neighborhood at risk and overburdening the Police Department; and WHEREAS, a public hearing was conducted on May 29, 2012 and no one appeared in opposition to the person-to-person transfer, and Raymond Armour, Esq. Attorney for the transferee, was present and consented to the Special Conditions attached to the previous Licensee being transferred to the new Licensee; and WHEREAS, on May 29, 2012, the West Orange ABC Board approved the person to person transfer of Plenary Retail Consumption License #0722-33-039-008, to Angelitos, LLC t/a El Palacio DePollo, with the same Special Conditions attached to its License as had been attached to the previous Licensee and with the understanding and agreement that the same Special Conditions would be continued for the 2012 – 2013 and succeeding License Terms unless and until relaxed or eliminated at a subsequent renewal hearing after providing an opportunity for the Licensee to be heard; and WHEREAS, by letter dated and sent via regular and certified mail to the Licensee on May 11, 2026, the

ubsequent renewal hearing after providing an opportunity for the Licensee to be heard; and WHEREAS, by letter dated and sent via regular and certified mail to the Licensee on May 11, 2026, the Licensee was notified of the Township ABC Board’s intention to continue the same Special Conditions upon renewal for the 2026-2027 License Term and offering a formal hearing in the event there was objection to same by the Licensee; and WHEREAS, the underlying reasons for the Special Conditions previously imposed on this License have not changed and the Licensee has offered no objection to their continuation, nor any request for their relaxation, and therefore by its inaction has consented to continuation of the same Special Conditions upon renewal; and WHEREAS, this License was not renewed last year due to the owner of the License having passed away and the Estate's Executor having failed to take the needed steps for renewal,

but tax clearance for last year's renewal having been received on June 10, 2022, and for the 2023-24 renewal period on June 26, 2023, and all fees having been paid for both renewal periods, and ABC Board Resolution 721-23 having been adopted immediately before the instant ABC Board Resolution renewing the License for the 2022-2023 License Term, NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of West Orange serving as the Township Board of Alcoholic Beverage Control, does hereby approve the renewal of the Plenary Retail Consumption License # 0722-33-039-008, for the 2026-2027 License Term, for Angelitos, LLC, t/a El Palacio DePollo, for the premises at 540 Valley Road, West Orange, New Jersey, subject to continuation of the following Special Conditions pursuant to N.J.S.A. 33:1-32: A. The Licensee shall have last call Sunday, Monday, Tuesday, Wednesday and Thursday at 12:00 a.m. of the following morning, and shall close for business at 12:30 a.m. of the following morning; B. The Licensee shall have last call on Friday and Saturday at 12:30 a.m. of the following morning, and shall close for business at 1:00 a.m. of the following morning; C. A fully operational video surveillance security system must be in place at the licensed premises including cameras, digital video recording device, personnel to operate them and deployment of each to ensure that the premises, personnel and exterior areas are being videotaped at all times, which videotape must be available to the Police Department, State ABC and any other governmental entity. The Licensee agrees to update, replace, and/or implement any computer system, including monitors, keyboards, towers, and mouses, hardware, including a digital recording device, software, or other improvements or upgrades as may be needed to ensure compliance with the specific mandate set forth herein, the intent of which is to ensure that in the event of any incident on or around the premises that an actual real time videotape exists of the events which occurred without the ability of anyone, accidentally or purposely, to delete or alter the videotape. AND BE IT FURTHER RESOLVED, that a copy of this Resolution shall be provided to the Director of the Division of Alcoholic Beverage Control of the

ly, to delete or alter the videotape. AND BE IT FURTHER RESOLVED, that a copy of this Resolution shall be provided to the Director of the Division of Alcoholic Beverage Control of the State of New Jersey and shall be maintained in the Township’s permanent Alcoholic Beverage Control records, and that the Director is, and hereby is, respectfully requested to grant approval to the Township of West Orange of the Special Conditions set forth herein, which approval shall then also be maintained in the Township’s permanent ABC records; The above Resolution was passed by the Township Council of the Township of West Orange serving as the West Orange Township Board of Alcoholic Beverage Control at their regular meeting held on August 4, 2026. KAREN J. CARNEVALE, RMC SUSAN SCARPA ABC Board Secretary Council President/ABC Board Member Adopted: August 4, 2026 Effective Date: August 4, 2026