[Adopted 4-21-2011 by Ord. No. 2089-11]
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, uncle, sibling or
any other person related by blood or affinity.
Is defined as any public or private Institution of learning
or any post-secondary college or university.
Is defined as any public or private agency that provides
security and/or first responder medical treatment to students of a
school.
It shall be unlawful for any person who is under the legal age
to purchase alcoholic beverages to knowingly possess without legal
authority or knowingly consume any alcoholic beverage on private property.
Any person convicted or adjudicated for violating the terms
of this article shall be subject to the following fines:
A.
First offense: $250.
B.
Second or subsequent offenses: $350.
C.
In addition, the court may, upon a finding of guilty, in addition
to the fine authorized for this offense, suspend or postpone for six
months the driving privileges of the defendant. Upon 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 section. 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.
If the defendant at the time of the imposition of the sentence has
a valid driver's license issued, 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.
D.
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 suspension or postponement, the person shall be subject to the
penalties set forth in N.J.S.A. 39:3-40. The defendant shall be required
to acknowledge in writing the receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of the 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 of Motor Vehicles 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
of Motor Vehicles shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
A.
Beverage consumption 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 post-secondary educational institution); a school
of any type. 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 the law against a person who is convicted
of unlawful alcoholic beverage activity on or at premises licensed
for the sale of alcoholic beverages.
C.
Lifeline exemption.
(1)
An underage person and one or two other persons shall be immune from
prosecution under this article if:
(a)
One of the underage persons called 9-1-1 or a School Public
Safety Agency and reported that another underage person was in need
of medical assistance due to alcohol consumption; and
(b)
The underage person who called 9-1-1 or a School Public Safety
Agency and, if applicable, one or two other persons acting in concert
with the underage person who called 9-1-1 or a School Public Safety
Agency and provided each of their names to the 9-1-1 operator or School
Public Safety Agency; and
(c)
The underage person was the first person to make the 9-1-1 report
or report to the School Public Safety Agency; and
(d)
The underage person and, if applicable, one or two other persons
acting in concert with the underage person who made the 9-1-1 call
or call to a School Public Safety Agency and 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.
(2)
The underage person who received medical assistance shall also be
immune from prosecution under this article.
