[Adopted 12-5-2000 by Ord. No. 0.12.00]
It is unlawful for any person under the legal age to purchase alcoholic beverages in this state, to knowingly possess or consume an alcoholic beverage on private property. Violation of this provision shall result in a fine of $250 for the first offense and $350 for each subsequent offense.
In addition to the fine authorized above for this offense, the court may suspend or postpone for six months the driving privilege of the offender. Upon such suspension or postponement of the offender's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last days of the suspension or postponement imposed by the court pursuant to this section.
If, at the time of the imposition of this sentence, a person has a valid driver's license issued by this 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 days of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if he or she is convicted of operating a motor vehicle during the period of license suspension or postponement, he or she 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.
If, at the time of the imposition of a sentence, the offender is under the age of 17 years, 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 run for a period of six months after the person reaches the age of 17 years.
If a person convicted under this ordinance is not a resident of this state, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and shall submit to the Division of Motor Vehicles the required report. The court shall not collect the license of a nonresident convicted under this ordinance.
This ordinance shall 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, step-parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
This ordinance shall not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey 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 ordinance shall not be construed to preclude the imposition of a penalty under this ordinance 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.
As used in this article, the following terms shall have the meanings indicated:
- A person who has qualified as a guardian of an underage person pursuant to testamentary or court appointment.
- A. Either the natural father or the natural mother of a child born of their valid marriage to each other, if no subsequent judicial decree has divested one or both of them of their statutory co-guardianship as created by their marriage.
- B. Either the adoptive father or the adoptive mother of a child jointly adopted by them, if no subsequent judicial decree has divested one or both of them of their statutory co-guardianship as created by the adoption.
- C. The natural mother of an illegitimate child, if her position as sole guardian of such a child, has not been divested by a subsequent judicial decree.
- D. A child's putative blood parent who has expressly acknowledged paternity and contributed meaningfully to the child's support.
- E. Any individual or agency whose status as guardian of the person of the child has been established by judicial decree.
- The underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
- The mother or father of a child born during a previous marriage of the other parent and hence, not the natural parent of such child.
If any portion of this ordinance is adjudged unconstitutional or invalid, such adjudication shall not affect or invalidate the remainder of the ordinance, which shall remain in full force and effect.