[Adopted 8-22-2006 by Ord. No. 06-14]
If shall be unlawful for a person under the legal age to knowingly
possess or consume alcoholic beverages on private property in the
Borough of Westwood as is provided herein.
It shall be unlawful for any person to serve alcoholic beverages
to any person under the legal age upon private property within the
Borough of Westwood except as provided herein.
A.
Exemptions.
(1)
Those
persons who are under the legal age, who are engaged in employment
by an establishment, place or business which serves alcoholic beverages
and are required to deliver or place alcoholic beverages on display
are exempt from this article for the course of their employment at
that place.
(2)
Any
underage person or persons who possess or consume alcoholic beverages
in the presence of a responsible adult in connection with religious
observance, ceremony or rite or an underage person who consumes or
possesses an alcoholic beverage at their home in the presence of and
with the permission of a parent or guardian who has attained the legal
age to purchase and consume alcoholic beverages is exempt from this
article.
B.
GUARDIAN
RELATIVE
Definitions. As used herein, the following terms shall have the meanings
indicated:
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
The underage person's grandparent, aunt, uncle, sibling or
any other person related by blood or affinity.
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 or postponement of driving privileges.
(1)
In addition, the court may, upon a finding of guilt, in addition
to the fine authorized for this offense, suspend or postpone for six
months the driving privileges 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 this section.
(2)
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.
(3)
If a person, at the time of the imposition of a sentence, has a valid
driver's license 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 courts 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.
(4)
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 a 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.
(5)
If the person convicted under such an ordinance 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 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.
