No person acting individually or participating with one or more persons
shall consume or attempt to consume an alcoholic beverage or possess,
display, dispense or distribute any alcoholic beverage out of its
original container:
While in a public place, private place of which he is not an owner,
tenant or lawful occupant, or in any public conveyance, without permission
of any owner, tenant, lawful occupant or any person having the authority
to grant such permission.
While in a private motor vehicle that is not being operated, in any
public place, other than a public highway, or the right-of-way of
a public highway, or upon any private place of which he is not an
owner, tenant or lawful occupant without the express permission of
the property owner, tenant, lawful occupant or other person having
the authority to grant such permission.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
Whether the defendant or any person(s) in close proximity to him
exhibits an odor of alcoholic beverage coming from his and/or their
person or exhibits physical conduct, attributes or demeanor associated
with the consumption of alcoholic beverages.
Direct or circumstantial evidence of the intent of an owner or anyone
in control of the alcoholic beverage to deliver, distribute or make
available such alcoholic beverage to the defendant or any other person
or persons in close proximity to the defendant.
All licensees shall conduct their places of business in accordance
with all applicable laws, ordinances, and regulations. A violation
of any provision of this article shall be punishable, upon conviction
thereof, by a fine not exceeding $1,250, imprisonment in the county
jail not exceeding 90 days, or 90 days of community service or any
combination thereof, at the discretion of the sentencing court.
When the Municipal Court suspends the imposition of a defendant's
sentence, or a portion thereof, or sentences him to be placed on probation,
the Municipal Court may attach such reasonable conditions authorized
by N.J.S.A. 2C:45-1, including the performance of community-related
services and the imposition of conditions reasonably related to the
rehabilitation of the defendant, including but not limited to alcohol
rehabilitation programs or other such programs related to alcohol
education or rehabilitation.