[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]
[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.
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.
No license shall be issued to a natural person
unless he is a resident of the State of New Jersey.
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.
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.
[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 or any cannabis retail 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.
[Amended 12-14-2023 by Ord. No. 2023-22]
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.
[Amended 4-9-1974; 6-9-2011 by Ord. No. 2011-6]
The yearly fees for licenses in the Borough
are fixed as follows:
[Amended 8-10-2006 by Ord. No. 2006-20]
[Adopted 3-10-2011 by Ord. No. 2011-2]
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.
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
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.
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.
GUARDIAN
RELATIVE
As used in the preceding Subsection A, the following terms shall have the meanings set forth:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
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.
