[R.O. 1966 § 4:1-10 [a]]
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage, directly
or indirectly, to any person under the legal age or allow, permit
or suffer the consumption of any alcoholic beverage by any such person
in or upon the licensed premises.[1]
[1]
Editor's Note: Penalty for violation pursuant to N.J.S.A.33:1-1
et seq.
[R.O. 1966 § 4:1-10 [b]]
It shall be unlawful for any person under the legal age to enter
any premises licensed for the sale of alcoholic beverages for the
purpose of purchasing or having served or delivered to him or her
any alcoholic beverage.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-81.
[R.O. 1966 § 4:1-10[c]]
It shall be unlawful for any person under the legal age to consume
any alcoholic beverage on premises licensed for the retail sale of
alcoholic beverages, or to purchase, attempt to purchase or have another
purchase for him or her any alcoholic beverage.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-81.
[R.O. 1966 § 4:1-10 [d]]
It shall be unlawful for any minor to misrepresent or misstate
his/her age for the purpose of inducing any retail licensee or any
employee of any retail licensee to sell, serve or deliver any alcoholic
beverage to him or her.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-81.
[R.O. 1966 § 4:1-10 [e]; Revised per N.J.S.A. 33:1-81]
Any person who shall violate any of the provisions of this chapter
shall be deemed and adjudged to be a disorderly person and upon conviction
thereof and in accordance with N.J.S.A. 33:1-81, P.L. 1985, c. 113,
shall be punished by a fine of not less than $500. In addition, the
Court shall suspend or postpone the person's license to operate
a motor vehicle for six months or prohibit the person from obtaining
a license to operate a motor vehicle in this State for six months
beginning on the date he/she becomes eligible to obtain a license
or on the date of conviction, whichever is later. In addition to the
general penalty prescribed for an offense, the Court may require any
person under the legal age to purchase alcoholic beverages who violates
this act to participate in an alcohol education or treatment program
authorized by the New Jersey Department of Health for a period not
to exceed the maximum period of confinement prescribed by law for
the offense for which the individual has been convicted.
[1]
Editor's Note: For statutory provisions making violators of the acts condemned in Section 4:5-5 disorderly persons, see N.J.S.A. 33:1-81. See N.J.S.A. 2C:33-15, making minor's possession or consumption of alcoholic beverages in any public place or motor vehicle, disorderly conduct. See also State v. Reid, 19 N.J. Super. 32 (Cty. Ct. 1952).
[Ord. 6 S+FA, 2-21-2001 § 1]
a.
It is hereby unlawful for any person under the legal age to, without
legal authority knowingly possess or knowingly consume an alcoholic
beverage on private property.
b.
Any person found guilty of violating the terms of this section shall
be subject to a fine of $250 for the first offense and a fine of $350
for any subsequent offense. In addition, the court may, upon a finding
of guilty, in addition to the fine authorized for this offense, suspend
or postpone for six months the driving privileges of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's drivers 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 this section. 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 the defendant at the time of the imposition
of the 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 complete 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. The defendant 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 the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
d.
If the person convicted under this section 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 the required report. The Court shall not collect
the license of a nonresident convicted under this section. Upon receipt
of a report by the Court the Division shall notify the appropriate
officials in the licensing jurisdiction of the suspension or postponement.
e.
This section 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.
f.
This section shall not prohibit the possession of alcoholic beverages
by any underage 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 culinary arts or hotel management program at a county
vocational school or post-secondary educational institution; however,
this section 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.
g.
GUARDIAN
RELATIVE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean a person who has qualified as a guardian of the
underage person pursuant to a testamentary or Court appointment.
Shall mean the underage person's grandparent, aunt or
uncle, sibling or any other person related by blood, or affinity.
[1]
Editor's Note: This section is enacted pursuant to authority
granted in N.J.S.A. 40:48-1 and PL. 2000, c.33.
