Article VII Persons Under the Legal Age Prohibited from Possession or Consumption of Alcoholic Beverages on Private Property
[Ord. No. 12-2009 § 1]
It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
[Ord. No. 12-2009 § 2]
Any person violating the provisions of the Article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
In addition to the fine authorized for this offense, the Court may suspend or postpone for six months the driving privileges of the defendant. Upon conviction of any person and the suspension or postponement of that person's driver's licenses, the Court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the Court pursuant to N.J.S.A. 40:48-1.2. 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 that person reaches the age of 17 years.
If a person at 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 Motor Vehicle Commission 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.
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 written notice in writing. Failure to receive written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If a person convicted under this Article is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresidential driving privilege of the person based on the age of the person and submit it to the Motor Vehicle Commission 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 jurisdictions of the suspension or postponement.
[Ord. No. 12-2009 § 3]
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 of rite, or consuming or possessing an alcoholic beverage in the presence of and with permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
As used in this Article, the following terms shall have the meaning set forth: "Guardian" means a person who has qualified as a guardian of the under aged person pursuant to testimony or court appointment; "Relative" means the underage person's Grandparent, aunt, or uncle, sibling, or any other person related by blood or affinity.
Nothing contained in this Article is intended, nor shall 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 New Jersey Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or a hotel management program at a county vocational school or post-secondary education 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.