[Adopted 6-8-1970 as Sec. 5-19 of the Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
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 person related by blood or affinity.
The consumption or possession of alcoholic beverages of any
type on private property by a person who is under the legal age and
without legal authority is prohibited.
A.
The provisions of this article shall not apply to an underage person
who consumes or possess an alcoholic beverage in connection with a
religious observance, ceremony, or rite, or consumes or possesses
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.
The provisions of this article shall not apply to 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 a culinary arts
or hotel management program at a county vocational school or post
secondary educational institution.
(1)
This article shall not be construed to preclude the imposition of
a penalty under 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.
A.
Any person who shall violate any section of this article shall be
subject to a fine of $250 for the first offense, and $350 for any
subsequent offense.
B.
The court may, in addition to the fine, 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 this article.
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 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.
C.
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, 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 day
of the license suspension period imposed by the court.
D.
The court shall also 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, that 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 shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
E.
If the person convicted under this article 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 to the division the required report. The court shall not collect
the license of a nonresident convicted under this article. Upon receipt
of a report by the court, the division shall notify the appropriate
officials in the licensing jurisdiction of the suspension or postponement.