[Adopted 7-25-2006 by Ord. No. 2006-8]
Consumption and possession of alcoholic beverages
on private property without legal authority by persons under the legal
age shall be regulated as follows.
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 grandparents, aunt, uncle, sibling
or any other person related by blood or affinity.
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.
B.
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 licence 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.
C.
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.
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.
D.
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.
The provisions of this article shall not apply to
an underage person who consumes or possesses 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 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; however, this article shall not be construed
to preclude the imposition of a penalty under this article, 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.
