[Adopted 4-11-2005 by Ord. No. 107-2005]
A.
Any person under the legal age for purchasing alcoholic
beverages who knowingly possesses, without legal authority, or who
knowingly consumes any alcoholic beverage on private property shall
be subject, upon conviction, to a fine of $150 for a first offense
and a fine of $350 for any subsequent offense.
B.
The Court may, in addition to the sentence authorized
for the offense, suspend or postpone, for up to six months, the driving
privilege of the defendant. Upon the conviction of any person under
this article, the Court shall forward a report to the New Jersey Motor
Vehicle Commission vehicles (the "MVC") 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 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.
C.
If a person, at the time of the imposition of a sentence,
has a valid driver's license issued by this state, the Court shall
immediately collect the license and forward it to the MVC, 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.
D.
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.
E.
If the person convicted under this section 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 MVC 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 MVC shall notify the appropriate
officials in the licensing jurisdiction of the suspension or postponement.
A.
Nothing in this article shall prohibit an underaged
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 or consume alcoholic beverages.
B.
GUARDIAN
RELATIVE
As used in this section, the following terms shall
have the meanings indicated:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment, or other applicable
laws, as determined by the court.
The underaged person's grandparent, aunt, uncle, sibling
or any other person related by blood or affinity.
Nothing in this article shall prohibit possession
of alcoholic beverages by any such person while actually engaged in
the performance of employment pursuant to an 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 postsecondary
educational institution; however, nothing in this article shall be
construed to preclude the imposition of a penalty under this article,
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.
