Borough of Seaside Heights, NJ Article IX Consumption by Underage Persons on Private Property

[Added 7-19-2000 by Ord. No. 2000-14; amended 3-5-2003 by Ord. No. 03-07; 7-21-2004 by Ord. No. 04-09; 12-16-2020 by Ord. No. 2020-13; 5-19-2021 by Ord. No. 2021-15]

§ 17-37 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CANNABIS ITEM

Any item available for lawful consumption pursuant to the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act.[1]

GUARDIAN

A person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.

RELATIVE

The underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.

[1] Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 17-38 Consumption of alcoholic beverages or cannabis items by underage person on private property prohibited.

It is unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage or a cannabis item, other than by smoking, vaping or aerosolizing, on private property.

§ 17-39 Violations and penalties.

A. Any person found guilty of violating the terms of this article involving alcoholic beverage activity shall, in the case of an adult under the legal age to purchase an alcoholic beverage, be subject to a fine of $250 for a first offense and a fine of $350 for any subsequent offense.

B. For a violation involving cannabis activity, in the case of an adult under the legal age to purchase cannabis items, shall be punished as follows:

(1) If the cannabis item possessed is an amount which may be lawfully possessed by a person of the legal age to purchase cannabis items:

(a) For a first offense: a civil penalty of $100.

(b) For a second offense: a civil penalty of $200.

(c) For a third or subsequent offense: a fine of $350.

(2) If the cannabis item possessed is an amount that exceeds what may be lawfully possessed by a person of the legal age to purchase cannabis items:

(a) For a first offense: a fine of $250.

(b) For a second or subsequent offense: a fine of $350.

§ 17-40 Exceptions.

A. This article shall not prohibit 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.

B. This article shall not prohibit the possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who was licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or postsecondary educational institution; however, this article shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

§ 17-40.1 Underage possession or consumption; exemption from prosecution.

A. An underage person and one or two other persons, if applicable, shall be immune from prosecution under this article prohibiting any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage or cannabis item on private property if:

(1) One of the underage persons called 911 and reported that another underage person was in need of medical assistance due to alcohol consumption or the consumption of a cannabis item;

(2) The underage person who called 911 and, if applicable, one or two other persons acting in concert with the underage person who called 911 provided each of their names to the 911 operator;

(3) The underage person was the first person to make the 911 report; and

(4) The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 911 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.

B. The underage person who received medical assistance as provided in Subsection A of this section shall also be immune from prosecution under this article prohibiting the possession or consumption of an alcoholic beverage on private property.