[Adopted 12-3-2001 by Ord. No. 8-2001]
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 or uncle, sibling, or
any other person related by blood or affinity.
The consumption or possession of alcoholic beverages of any type on
private property by a person who is under legal age and without legal authority
is prohibited.
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 apply to any
such person while actually engaged in the performance of employment by a person
who is 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.
C.
This article shall not be construed to preclude the imposition
of a penalty under N.J.S.A. 33:1-81, or any other section of law against a
person who is convicted of unlawful alcoholic beverage activity on or at premises
licensed for the sale of alcoholic beverages.
A.
Any person who shall violate any section of this article
shall be subject to a fine of $250 for the first offense, and $350 for any
subsequent offense.
B.
License suspension or postponement.
(1)
The court may, in addition to the fine, suspend or postpone
for six months the driving privilege of the defendant. 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 a person at the time of the imposition
of a sentence is less than 17 years of age, the period of license postponement,
including suspension or postponement of the privilege 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 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 day of the license
suspension period imposed by the court.
(3)
The court shall also 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, that 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 shall not be a defense to a subsequent charge of violation
N.J.S.A. 39:3-40.
(4)
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 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 shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
