Any individual who purposely and knowingly offers
or serves any alcoholic beverage to an individual under the legal
age for consuming alcoholic beverages shall be in violation of this
article and subject to the penalty provisions herein specified.
Any individual who purposely and knowingly permits
or entices an individual under the legal age for consuming alcoholic
beverages to possess or consume any alcoholic beverages shall be in
violation of this article and subject to the penalty provisions herein
specified.
Any individual who purchases or otherwise procures
any alcoholic beverage for an individual under the legal age for consuming
alcoholic beverages shall be in violation of this article and subject
to the penalty provisions herein specified.
[Added 7-17-2001 by Ord. No. 1074; amended 4-24-2007 by Ord. No.
1181]
A. Definitions. As used in this section; the following
terms shall have the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
RELATIVE
The underage person’s grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
B. Any person under the legal age to purchase alcoholic
beverages who knowingly possesses without legal authority or who knowingly
consumes any alcoholic beverage on private property shall be punished
by a fine of $250 for a first offense and $350 for any subsequent
offense. The court may, in addition to the fine authorized for this
offense, suspend or postpone for six months the driving privilege
of the defendant.
(1)
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 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.
(2)
If a person at the time of the imposition of
a sentence has a valid driver’s license issued by the 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 date of the license suspension period imposed
by the court.
(3)
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 license suspension or postponement, the 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 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.
(4)
The court shall, of any person convicted under
this section who is not a New Jersey resident, 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 section. Upon receipt of a report by the court, the Division
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
C. This section does not prohibit an underage person
from consuming or possessing an alcoholic beverage 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.
D. This section does not prohibit possession of alcoholic
beverages of any such person while actually engaged in the performance
of employment by a person who is licensed under N.J.S.A. 33:1-1 et
seq. or while actually engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post-secondary education institution; however, no ordinance
enacted pursuant to this section shall be construed to preclude the
imposition of a penalty under this section, N.J.S.A. 33:1-81 or any
other section of law against a sale of alcoholic beverages.
[Amended 7-17-2001 by Ord. No. 1074]
This article shall not apply to and specifically
excepts from the prohibitions herein set forth the following persons
and circumstances:
A. Consumption of alcohol in connection with a religious
observance, ceremony or rite.
B. 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.
C. While actually engaged in the performance of employment
by a person who is licensed under Title 33 of the revised statutes
of the State of New Jersey.
D. 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.
[Added 7-17-2001 by Ord. No. 1074]
For purposes of this article the following definitions
shall apply:
GUARDIAN
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparents, aunt, uncle, sibling
or any other person related by blood or affinity.
[Amended 7-17-2001 by Ord. No. 1074]
Any person, firm, corporation or other entity,
upon conviction for violation of this article, shall be fined not
more that $1,000 or imprisoned for a term not to exceed 90 days, or
both, in the discretion of the court. The court may, in addition to
the above fine, suspend or postpone for six months the driving privileges
of the defendant. A person who is less than 17 years of age when sentenced
may be subject to a suspension or postponement of driving privileges,
including the operating of a motorized bicycle, commencing on the
day the sentence is imposed and running for a period of six months
after the person reached the age of 17.