[Adopted 8-1-2011 by Ord. No. 778-2011]
For purposes of this article, the following words or 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 parent, grandparent, aunt or uncle,
sibling or any other person related by blood or affinity.
It is unlawful for any person under the legal age to, without
legal authority, knowingly possess or knowingly consume an alcoholic
beverage on private property.
A.Â
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.Â
This article shall not prohibit the possession of alcoholic beverages
by any underage person while actually engaged in the performance of
employment by a person who was 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 article, N.J.S.A. 33:1-81 or any other section
of law against a person that is convicted of unlawful alcoholic beverage
activity on or at premises licensed for the sale of alcoholic beverages.
A.Â
Any person found guilty of violating the terms of this article shall
be subject to a fine of $250 for a first offense and $350 for any
subsequent offense. Upon a finding of guilt, the court may also suspend
or postpone for six months the person's driving privileges in addition
to the authorized fine. Upon the conviction of any person and suspension
or postponement of the person's driver's license, the court shall
forward a report to the New Jersey Motor Vehicle Commission ("Commission")
stating the first and last day of the suspension or postponement imposed
by the court pursuant to this section. If a person at the time of
the imposition of the 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 this sentence is imposed and shall run for a period of six
months after the person reaches the age of 17 years. If the 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 Commission along with a 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 imposed by the court.
B.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. The 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.Â
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 for the person based on the age of the person and
submit to the Commission the required report. The court shall not
collect the license of the nonresident convicted under this article.
A.Â
An underage
person and one or two other persons shall be immune from prosecution
under this article if:
(1)Â
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)Â
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)Â
The
underage person was the first person to make the 9-1-1 report; and
(4)Â
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.
