[Adopted 12-3-1991 as part of Ord. No. 976-91 (Ch. 112, Art.
III of the 1975 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
It is hereby unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property.
A. Any person
found guilty of violating the terms of this article shall be subject
to a fine of $250 for the first offense and a fine of $350 for any
subsequent offense.
B. Suspension
of driving privileges.
(1) Upon
conviction, the court may, in addition to the fine, suspend or postpone
for six months the driving privilege of the defendant. In the event
a driver's license is suspended, 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 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 reached
the age of 17 years.
(2) If
a person at the time of the imposition of the 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.
(3) 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, that 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 the written
notice shall not be a defense to a subsequent charge of a violation
of N.J.S.A. 39:3-40.
C. If the
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
shall submit to the Division 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 shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
A. This article
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, guardian or relative who has
attained the legal age to purchase and consume alcoholic beverages.
B. This article
shall not prohibit the possession of alcoholic beverages by an underage
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, this article
shall not be construed to preclude the imposition of a penalty under
this section, N.J.S.A. 33:1-81, or any other section
As used in this article, the following terms shall have the
meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.