[Adopted 8-19-2014 by Ord. No. 7-2014]
The purpose of this article is to prohibit the consumption and
possession of alcoholic beverages on private property by persons under
the legal age to purchase alcoholic beverages in accordance with the
provisions of P.L. 2000, c. 33.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-1.2.
As used in this article, the following terms shall have the
meanings indicated:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
A.
Any person under the legal age who, without legal authority, knowingly
possesses or knowingly consumes any alcoholic beverage on private
property shall be punished by a fine of $250 for a first offense and
$350 for any subsequent offense. The court may, in addition to the
fine authorized for this offense, suspend or postpone for six months
the driving privilege of the defendant.
B.
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 article. 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 a sentence has a valid
driver's license issued 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 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. 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 a 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 privileges 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.
A.
This article does not prohibit an underaged 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
beverages.
B.
This article does not prohibit 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 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, no ordinance
enacted pursuant to N.J.S.A. 40:48-1.2 shall 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.