It shall be unlawful for any person under the legal age as prescribed
by law or state regulation to, without legal authority, knowingly
possess or knowingly consume an alcoholic beverage on private property,
except under the following circumstances:
A. In connection with a religious observance, ceremony or rite; or
B. 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.
The following definitions shall apply to this article:
GUARDIAN
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
Any person violating the provisions of this article shall, upon
conviction thereof, be punishable by a fine of $250 for a first offense
and $350 for any subsequent offense.
The court may, in addition to the fine set forth in §
129-22, 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 Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court. If the defendant 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 defendant reaches the age of 17 years.
If a person at the time of 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 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.
If a 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.
The court shall inform any person convicted under this article,
both 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 shall
not be a defense to a subsequent charge of a violation of N.J.S.A.
39:3-40.