It is unlawful for any person under the legal age who, without legal
authority, knowingly possesses or knowingly consumes an alcoholic
beverage or cannabis item on private property.
The prohibition described herein 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.
As used in this section, "guardian" means a person who has qualified
as a guardian of the underage person pursuant to a testamentary or
court appointment, and "relative" means the underage person's
grandparent, aunt or uncle, sibling, or any other person related by
blood or affinity.
Nothing contained in this article shall prohibit possession of alcoholic
beverages by any such underage person while actually 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 actively
engaged in the preparation of food while enrolled in a culinary arts
or hotel management program at a county vocational school, or postsecondary
educational institution, or possession of cannabis items by any such
person while actually engaged in the performance or employment by
a cannabis establishment, distributor, or delivery service as permitted
pursuant to P.L. 2021, c.16 ; however, nothing in this section shall
be construed to preclude the imposition of a penalty under this section,
R.S. 33:1-81, or any other section of law against a person who is
convicted of unlawful alcoholic beverage activity or unlawful cannabis
activity on or at premises licensed for the sale of alcoholic beverages
or cannabis items.
In addition to the fine authorized for this offense, whenever this
offense is committed in a motor vehicle, the court may 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 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 a person at the time of the imposition of a sentence has a valid
driver's license issued by the state, the court shall immediately
collect the license and forward it to the Division 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 the person convicted under such an ordinance 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.
The court may, under appropriate circumstances and to the extent
permitted by law, order that a person convicted under this article
undergo alcoholic counseling.