[Ord. No. 596-11 § 1]
It shall be unlawful to possess or consume alcoholic beverages
on private property by a minor under the age of 21 years unless:
a. Said minor under the age of 21 years is possessing or consuming alcohol
in connection with a religious observance, ceremony or rite, and consuming
or possessing an alcoholic beverage in the presence of and with the
permission of a parent, guardian or relative, who has obtained the
legal age to purchase and consume alcoholic beverages;
b. Said minor under the age of 21 years of age is engaged in the performance
of employment by a person who is licensed under Title 33 of the Revised
Statutes of the State of New Jersey, or while such minor is actively
engaged in the preparation of food while enrolled in a culinary arts
or hotel management program at a County or vocational school or post
secondary educational institution.
[Ord. No. 596-11 § 2]
The definitions contained in N.J.S.A.40:48-1 (c) are applicable
to this Article and are currently as follows:
GUARDIAN
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underaged person's grandparent, aunt,
uncle, sibling, or any other person related by blood or affinity.
[Ord. No. 596-11 § 3]
Anyone convicted of a violation of this Article shall be subject
to a fine of $250 for the first offense and $350 for any subsequent
offense. In addition thereto, the sentencing court may, in addition
to the fine authorized herein, suspend or postpone for six months,
the driving privileges of the defendant. If the defendant, at the
time of sentencing, is less than 17 years of age, the period of license
postponement, including a suspension or postponement of the privilege
of operating 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.
[N.J.S.A. 40:48-1.2a; New]
a. An underage person and one or two other persons shall be immune from
prosecution under this Article prohibiting any person under the legal
age who, without legal authority, knowingly possesses or knowingly
consumes an alcoholic beverage on private property if:
1. 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. 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. The underage person was the first person to make the 9-1-1 report;
and
4. 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.
b. The underage person who received medical assistance as provided in
paragraph a above also shall be immune from prosecution under this
section.