[Amended 3-24-1981 by Ord. No. 1419; 7-9-1985 by Ord. No. 1799]
No minor under 21 years of age shall be allowed in any room
in which any bar is located, unless accompanied by an adult.
A.
In public places. It shall be unlawful for any person under the age
of 21 years to consume or to have in his or her possession any alcoholic
beverage in or upon any public street, highway, park, footway or other
public or quasi-public place within the Township.
B.
In motor vehicles. It shall be unlawful for any person under the
age of 21 years to consume or to have in his or her possession any
alcoholic beverage while in a motor vehicle on any public street or
highway or while in a motor vehicle in any public place or quasi public
place in the Township.
C.
Possession and consumption on private property.
[Added 3-19-2007 by Ord.
No. 2007-2901]
(1)
Restrictions and penalties.
(a)
Any person under the legal age to purchase alcoholic beverages
who, without legal authority, knowingly possesses or who 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
offenses.
(b)
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 conviction of any person and the suspension or postponement of
that person's driver's license, the court shall forward a report to
the State Motor Vehicle Commission stating the first and last day
of the suspension or postponement period imposed by the court pursuant
to this subsection. 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 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.
(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)
The court shall, of any person convicted under this subsection
who is not a New Jersey resident, suspend or postpone, as appropriate,
the nonresident driving privileges in the State of New Jersey of the
person based on the age of the person and submit to the Motor Vehicle
Commission the required report. The court shall not collect the license
of a nonresident convicted under this subsection. Upon receipt of
a report by the court, the Motor Vehicle Commission shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
(2)
Exceptions.
(a)
GUARDIAN
RELATIVE
This provision shall not apply to or 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
their parent, guardian or relative who has attained the legal age
to purchase and consume alcoholic beverages. As used herein:
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.
(b)
This provision shall not apply to or prohibit possession of
alcoholic beverages by any such underaged person while actually engaged
in performance of employment by a person or facility 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 the county vocational school or post-secondary educational
institution; however, no ordinance enacted pursuant to this subsection
shall be construed to preclude the imposition of a penalty under this
subsection, 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.
