[Adopted 11-20-2007 by Ord. No. O-2007-15]
It shall be unlawful for any person under the
legal age to, without legal authority, knowingly possess or knowingly
consume an alcoholic beverage on private property.
[Amended 4-1-2010 by Ord. No. O-2010-18]
Any person violating the provisions of this
article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2,
as amended, be punished by a fine of $250 for a first offense and
$350 for any subsequent offense.
A.Â
In addition to the fine authorized for this offense,
the court may 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 N.J.S.A. 40:48-1, as amended. If a person at the
time of the imposition of 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.
B.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 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 date of the license suspension period imposed
by the court.
C.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.
D.Â
If a 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 it to the Division of Motor Vehicles on 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 of Motor Vehicles shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
A.Â
Nothing contained in this article is intended, nor
shall it be construed, as prohibiting 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.
B.Â
GUARDIAN
RELATIVE
As used in the preceding section (§ 41-9A hereof), the following terms shall have the meanings set forth:
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.
C.Â
Nothing contained in this article is intended, nor
shall it be construed, as prohibiting 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 education institution; provided, however,
that this article shall not 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.