[Adopted 8-2-2000 by Ord. No. 2000-57[1]]
The purpose of this article is to provide for
the enforcement of L. 2000 c. 33.
As used in this article, 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.
The underaged person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
A.Â
Any person under the legal age to purchase alcoholic
beverages who, without legal authority, knowingly possesses or 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.
B.Â
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.
C.Â
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 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.
D.Â
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.Â
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.
F.Â
This section does not 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
and consume alcoholic beverages.
G.Â
This section does 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 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,
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 person who is convicted of
unlawful alcoholic beverage activity on or at premises licensed for
the sale of alcoholic beverages.