[Amended 4-28-2011 by Ord. No. O-11-12]
A. Minors entering premises with intent to purchase. It shall be unlawful for a minor to enter any premises licensed for the retail sale of alcoholic beverages in the Township of Gloucester for the purpose of purchasing or having served or delivered to him or her any alcoholic beverages. Any person violating this section shall be punished in accordance with §
26-21 below.
B. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on public or private property shall be punished in accordance with §
26-21 below.
C. This section does 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.
D. This section does not prohibit possession of alcoholic beverages
of any such person while actually engaged in the performance of employment
by a person who is licensed under N.J.S.A. 33:1-1 et seq. or while
actually engaged in the preparation of food while enrolled in a culinary
arts or hotel management program at a county vocational school or
post secondary education institution; however, no ordinance enacted
pursuant to this section shall 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 sale of alcoholic beverages.
E. Statutory immunity will apply when:
(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.
[Added 9-26-1983 by Ord.
No. O-83-39]
As used in this article, the following terms shall have the
meanings indicated:
MINOR
Any person under the age prescribed by N.J.S.A. 33:1-1 et
seq. or the Regulations of the Division of Alcoholic Beverage Control
to whom a licensee is prohibited to sell, serve or deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverage,
directly or indirectly, or by whom a licensee is prohibited to allow,
permit or suffer the consumption of any alcoholic beverage in or upon
the licensed premises.
It shall be unlawful for a minor to consume any alcoholic beverages
on premises for the retail sale of alcoholic beverages or to purchase
or have another purchase for him or her any alcoholic beverage.
It shall be unlawful for a person to misrepresent or misstate
his or her age or the age of any other person for the purpose of inducing
any licensee or employee of any licensee to sell, serve or deliver
any alcoholic beverage to a minor.
All holders of plenary retail consumption licenses issued by
the Township of Gloucester shall cause at least one copy of this article
to be exhibited in a conspicuous place in the licensed premises.
[Amended 5-20-1970 by Ord. No. 392]
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be punishable by a fine not exceeding
$500 or imprisonment for not more than 90 days, or both, in the discretion
of a court of competent jurisdiction.
This article shall take effect immediately upon its adoption
and publication according to law.