As used in this chapter, the following terms
shall have the meanings indicated:
Any fluid or solid capable of being converted into a fluid
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed, fermented or distilled liquors fit for use
for beverage purposes or any mixture of the same and fruit juices.
A person shall be deemed to consume if he drinks,
swallows or imbibes any fluid or solid capable of being converted
into a fluid as hereinabove defined under "alcoholic beverage."
A person shall be presumed to have consumed
such alcoholic beverage in violation of the provisions of this chapter
if the owner or other person in physical control of the alcoholic
beverage is in close proximity to him; the alcoholic beverage is not
sealed or has been partially consumed and he emits an odor of alcoholic
beverage from his person or he exhibits such physical conduct, attributes
or demeanor associated with the consumption of alcoholic beverages;
or a person is in possession of an alcoholic beverage that is not
sealed, has been partially consumed or is in a container such as a
glass or cup and the person emits an odor of alcoholic beverage coming
from his person or exhibits physical conduct, attributes or demeanor
associated with the consumption of alcoholic beverages.
A person shall be deemed to "intend to consume an alcoholic
beverage" in violation of this chapter if that person is in physical
custody of an alcoholic beverage in a container such as a glass or
cup or the alcoholic beverage is in an unsealed or open bottle, can
or other such beverage container and has been partially consumed.
A person shall be deemed to be in possession
of an alcoholic beverage within the meaning of this chapter if he
intends to or does exercise custody, control or dominion over such
alcoholic beverage; however, actual physical or manual possession
is not required if the intention to exercise such custody, control
or dominion over the alcoholic beverage is manifested from the direct
or circumstantial evidence where it is reasonable to infer that the
capacity to do so exists.
Possession, custody or control need not be exclusive,
but may be jointly exercised by two or more persons. A person shall
be presumed to be jointly in possession, custody or control of the
alcoholic beverage if the owner or person in physical control of the
alcoholic beverage is in close proximity to him and the alcoholic
beverage is not sealed or has been partially consumed.
Any place which is not a public place as defined below.
Any place, either publicly or privately owned, which is or
may be frequented by the public.
A.
In any public place or in any motor vehicle or on
any public highway, road, street or alley in the Township of Monroe,
it shall be unlawful for any person under the legal drinking age for
the consumption of alcoholic beverages established by the State of
New Jersey to:
(1)
Attempt to consume or possess any alcoholic beverage.
(2)
Consume or possess any alcoholic beverage.
(3)
Engage in or attempt to engage in, in concert with
one or more persons, the act of consuming or possessing any alcoholic
beverage.
(4)
Distribute, deliver or make available for consumption
any alcoholic beverages to a person or persons under the legal age
for the consumption of alcoholic beverages established by the State
of New Jersey or to attempt to perform such acts.
(5)
Possess, display or dispense or distribute any alcoholic
beverage out of its original container.
B.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the Trier of Fact, in addition to or as part of the proofs, may consider the following:
(1)
Statement made by an owner or by anyone in control
of the alcoholic beverage.
(2)
The proximity of the defendant to the alcoholic beverage
and his opportunity or ability to consume.
(3)
Whether the alcoholic beverage is unsealed or has
been partially consumed or is in an open or unsealed container such
as a glass or cup.
(4)
Whether the defendant or any person(s) in close proximity
to him exhibits an odor of alcoholic beverage coming from his and/or
their person or exhibits physical conduct, attributes or demeanor
associated with the consumption of alcoholic beverages.
(5)
Direct or circumstantial evidence of the intent of
an owner or of anyone in control of the alcoholic beverage to deliver,
distribute or make available such alcoholic beverage to the defendant
or another person or persons in close proximity to the defendant.
A.
No person, acting individually or participating with
one or more persons, shall consume or attempt to consume an alcoholic
beverage or possess, display, dispense or distribute any alcoholic
beverage out of its original container:
(1)
While in a public place, private place of which he
is not an owner, tenant or lawful occupant or in any public or private
conveyance, without permission of any owner, tenant, lawful occupant
or any person having the authority to grant such permission.
(2)
While in or on any property owned by the Township
of Monroe in the County of Gloucester, without the permission of the
Township of Monroe.
(3)
While in a private motor vehicle in motion on or parked
in any public place or upon any private place of which he is not an
owner, tenant or lawful occupant, without the express permission of
the property owner, tenant, lawful occupant or other person having
the authority to grant such permission.
B.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the Trier of Fact, in addition to or as part of the proofs, may consider the following factors:
(1)
Statement made by an owner or by anyone in control
of the alcoholic beverage.
(2)
The proximity of the defendant to the alcoholic beverage
and his opportunity or ability to consume.
(3)
Whether the alcoholic beverage is unsealed or has
been partially consumed or is in an open or unsealed container such
as a glass or cup.
(4)
Whether the defendant or any person(s) in close proximity
to him exhibits an odor of alcoholic beverage coming from his and/or
their person or exhibits physical conduct, attributes or demeanor
associated with the consumption of alcoholic beverages.
(5)
Direct or circumstantial evidence of the intent of
an owner or anyone in control of the alcoholic beverage to deliver,
distribute or make available such alcoholic beverage to the defendant
or any other person or persons in close proximity to the defendant.
It is unlawful for any person(s) to discard
alcoholic beverage containers upon any public street, road, sidewalk,
alley, lane or the like or any public or quasi-public parking lot
or upon any private property not his own without the express permission
of the owner.
