[Adopted 8-23-2000 (Ch. 32, Art. III, of the 1974 Code)]
It shall be unlawful for any person under the legal age who,
without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private property.
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.
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 drivers 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.
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.
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.
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 from the court, the Division
of Motor Vehicles shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
A.
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.
GUARDIAN
RELATIVE
As used in the preceding Subsection A, the following terms shall have the meaning 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.
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 post-secondary
educational 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.
A.
An underage
person and one or two other persons acting in concert with the underage
person shall be immune from prosecution under an ordinance authorized
by N.J.S.A. 40:48-1.2 prohibiting any person under the legal age who,
without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private property if:
(1)
One
of the underage persons called 9-1-1 and reported that another underage
person was in need of medical assistance due to alcohol consumption;
(2)
The
underage person who called 9-1-1 and, if applicable, one or two other
persons acting in concert with the underage person who called 9-1-1
provided each of their names to the 9-1-1 operator;
(3)
The
underage person was the first person to make the 9-1-1 report; and
(4)
The
underage person and, if applicable, one or two other persons acting
in concert with the underage person who made the 9-1-1 call remained
on the scene with the person under the legal age in need of medical
assistance until assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
