Borough of Netcong, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 220.
[Adopted 7-11-1972 as Ch. 28 of the 1972 Code]

§ 98-1 Prohibited hours of sale.

[Amended 8-11-1981; 11-9-1982]
No licensees shall sell, serve, 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 New Year's Day between the hours of 5:00 a.m. and 9:00 a.m. and on all other days between the hours of 2:00 a.m. and 9:00 a.m.

§ 98-2 When premises to be closed; exception.

During the hours that sales of alcoholic beverages are prohibited, all premises licensed under a plenary retail consumption license shall be closed, and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee; provided, however, that this provision shall not apply to bona fide hotels or restaurants.

§ 98-3 Residency requirement.

No license shall be issued to a natural person unless he is a resident of the State of New Jersey.

§ 98-4 Premises to be open to view.

No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage in or upon any premises not open to full view from the public thoroughfare or from adjacent rooms to which the public is freely admitted.

§ 98-5 Sales to persons under legal age or intoxicated persons.

No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years or to any person actually or apparently intoxicated or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.

§ 98-6 Number of licenses; distance between premises.

[Amended 11-10-1987]
A. 
Number of licenses.
(1) 
The number of plenary retail consumption licenses outstanding in the Borough at the same time shall not exceed six.
(2) 
The number of plenary retail distribution licenses outstanding in the Borough at the same time shall not exceed four.
(3) 
No limited retail distribution license shall be granted within the limits of this Borough.
(4) 
The number of club licenses outstanding in the Borough at any one time shall not exceed three.
B. 
No license, except as permitted hereinafter, shall be issued for or transferred to premises within 800 feet of any other alcoholic beverage licensed premises. The distance shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of existing licensed premises to the nearest entrance of the premises sought to be licensed.
C. 
Notwithstanding the limitations set forth in Subsection B, presently existing licenses shall be permitted to be renewed and person-to-person transfers may be approved within 800 feet of any other alcoholic beverage licensed premises, provided that the license shall not be relocated from its existing premises.
D. 
Notwithstanding the limitations set forth in Subsections B and C, a place-to-place transfer of an existing license may be permitted within 800 feet of another alcoholic beverage licensed premises, but only if the applicant demonstrates to the satisfaction of the governing body that:
(1) 
The license sought to be transferred cannot remain located at the existing approved premises;
(2) 
The inability of the applicant for a place-to-place transfer to maintain the license at its existing approved location is due to destruction of said licensed premises, refusal of the owner of said premises to lease the same or some other circumstance not within the control of the applicant;
(3) 
The proposed transfer is to a location which is deemed to be particularly suitable and appropriate for the type of licensed business proposed to be conducted therein; and
(4) 
The license sought to be transferred is of a different class and category than all other alcoholic beverage licensed premises within 400 feet of the proposed location.

§ 98-7 License fees.

[Amended 4-9-1974; 6-9-2011 by Ord. No. 2011-6]
The yearly fees for licenses in the Borough are fixed as follows:
A. 
For a plenary retail consumption license:
(1) 
June 30, 2011, through June 30, 2012: $600.
(2) 
June 30, 2012, through June 30, 2013: $720.
(3) 
June 30, 2013, through June 30, 2014: $864.
(4) 
June 30, 2014, through June 30, 2015: $1,036.
(5) 
June 30, 2015, through June 30, 2016: $1,243.
(6) 
June 30, 2016, through June 30, 2017: $1,491.
B. 
For a plenary retail distribution license:
(1) 
June 30, 2011, through June 30, 2012: $432.
(2) 
June 30, 2012, through June 30, 2013: $518.
(3) 
June 30, 2013, through June 30, 2014: $621.
(4) 
June 30, 2014, through June 30, 2015: $745.
(5) 
June 30, 2015, through June 30, 2016: $894.
(6) 
June 30, 2016, through June 30, 2017: $1,072.

§ 98-8 Violations and penalties.

[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.
[Adopted 3-10-2011 by Ord. No. 2011-2]

§ 98-9 Possession and consumption prohibited.

It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property, except as provided for in § 98-12 below.

§ 98-10 Violations and penalties.

Any person convicted of violating the provisions of this chapter shall, in accordance with the provisions of N.J.S.A. 40:48-1, as amended, be punished by a fine not to exceed $250 for the first offense and not to exceed $350 for any subsequent offense

§ 98-11 Additional penalties.

A. 
In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privilege 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 Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1, as amended. If a person at the time of the imposition of a sentence is less than 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 months after the person reaches the age of 17 years.
B. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles 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.
C. 
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. A person 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 a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
D. 
If a person convicted under this chapter 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 it to the Division of Motor Vehicles on the required report. The Court shall not collect the license of a nonresident convicted under this chapter. Upon receipt of a report from the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

§ 98-12 Exceptions; definitions.

A. 
Nothing contained in this chapter is intended, nor shall it be construed, as prohibiting 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; provided that, if the underage person is found to possess or consume an alcoholic beverage in the presence of and with the permission of a relative other than a parent or guardian, the police shall notify the parent or legal guardian, by certified mail, of the incident together with the name of the relative who gave permission for the possession or consumption of the alcoholic beverage by the underage person. The notification shall include a request that the parent or guardian acknowledge and return a copy of the letter to the Police Department within 15 days of receipt.
B. 
As used in the preceding Subsection A, the following terms shall have the meanings set forth:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling, or any other persons related by blood or affinity.
C. 
Nothing contained in this chapter is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in culinary arts or hotel management.