[Amended 11-19-2012 by Ord. No. 2012-8]
A. Any person under the legal age to purchase alcoholic beverages who
knowingly possesses without legal authority or who knowingly consumes
without legal authority any alcoholic beverage on private property
shall be punished by a fine of no less than $250 for a first offense
and no less than $350 for any subsequent offense. The court may, in
addition to any fines and penalties authorized for this offense, suspend
or postpone for up to six months the driving privileges of the defendant
and/or order a term of community service.
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 Motor Vehicle Commission stating the first and last day of
the suspension or postponement period imposed by the court pursuant
to the 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. 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.
C. 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.
D. The court shall, of any person convicted under this section who is
not a New Jersey resident, suspend or postpone, as appropriate, the
nonresident driving privilege 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 Article. 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.
[Amended 11-19-2012 by Ord. No. 2012-8]
A. This Article shall not prohibit an underage 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
alcoholic beverages.
B. This Article shall not prohibit the possession of alcoholic beverages
by any underage person while actually engaged in the performance of
employment by a person who has been 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 post-secondary educational institution;
however, this Article shall not be construed to preclude the imposition
of a penalty under this section, 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.
[Repealed 9-27-2004 by Ord. No. 2004-15]