[Adopted 9-12-2011 by Ord. No. 2011-16C]
A. 
Pursuant to the provisions of N.J.S.A. 40:48-1.2, it is hereby declared unlawful for any person under the legal age required for the lawful purchase of alcohol, without legal authority, to knowingly possesses or knowingly consume any alcoholic beverage on private property within the Borough of Beach Haven.
B. 
The term “legal authority,” as used herein, shall be the authority granted by the Legislature in N.J.S.A. 40:48-1.2c and d.
C. 
Penalties.
(1) 
A violation of this article shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
(2) 
The court may, in addition to the fine hereinabove set forth, suspend or postpone for six months the driving privileges of any defendant who is convicted of a violation of this article. 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 the convicted defendant, at the time of imposition of a sentence, is less that 17 years of age, the period of license postponement, including a suspension or a 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 convicted defendant reaches the age of 17 years.
(a) 
If a convicted defendant, at the time of imposition of sentence, has a valid driver’s license issued by the State of New Jersey, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the required 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.
(b) 
The court shall inform the convicted defendant orally and in writing that if the convicted defendant is convicted of operating a motor vehicle during the period of license suspension or postponement, the convicted defendant shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A convicted defendant 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.
(c) 
If the defendant convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the convicted defendant based on the age of the convicted defendant and submit to the Division of Motor Vehicles the required report. The court shall not collect the license of a nonresident convicted under this section.
D. 
The exemption from prosecution established in N.J.S.A. 40:48-1.2a shall apply to any person under the legal age charged pursuant to this article.