[Ord. No. 13-2007, § 1]
It is hereby declared unlawful and a violation of this article
for any person under the legal age to purchase and consume alcoholic
beverages and to, without legal authority, knowingly possess or knowingly
consume an alcoholic beverage on private property within the Borough
of Morris Plains.
[Ord. No. 13-2007, § 1]
(a)
The provisions of this article shall not apply to any underage person:
(1)
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; or
(2)
While actually engaged in the performance of employment by a person
who was licensed under Title 33 of the Revised Statutes of New Jersey,
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.
(b)
Provided, however, that this article shall not be construed to preclude
the imposition of a penalty under this section, N.J.S.A. 33-1-1981,
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.
[Ord. No. 13-2007, § 1]
As used in this article, 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 or uncle, sibling,
or any other person related by blood or affinity who has attained
the legal age to purchase and consume alcoholic beverages.
[Ord. No. 13-2007, § 1]
(a)
Any person found guilty of violating the terms of this article shall
be subject to a fine of $250 for a first offense and a fine of $350
for any subsequent offense. Upon conviction, the court may, in addition
to the fine authorized for this offense, 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 New
Jersey Division of Motor Vehicles stating the first and last day of
the suspension or postponement period imposed by the court pursuant
to this section.
(b)
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)
If a person at the time of the imposition of the sentence has a valid
driver's license issued by the State of New Jersey, the court
shall immediately collect the license and forward it to the New Jersey
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.
(d)
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. The person shall be
required to acknowledge, in writing, receipt of the written notice.
Failure to receive a written notice, or failure to acknowledge, in
writing, the receipt of written notice shall not be a defense to a
subsequent charge of a violation of N.J.S.A. 39:3-40.
(e)
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
submit to the Division of Motor Vehicles 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.
[Ord. No. 13-2007, § 1]
This article shall be enforced by the Police Department of the
Borough of Morris Plains.