[Adopted by Ord. No. 1285-2003 (Sec. 6-8 of the 1997 Revised General Ordinances)]
It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property. For the purposes hereof, "possession" shall have the same meaning as set forth in N.J.S.A. 2C:2-1c, as interpreted by the case law pertaining to such section, which is defined as an act in which "the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession."
This article shall not prohibit:
A. 
The possession of alcoholic beverages by any person while actually engaged in the performance of employment by a person who is licensed by the New Jersey Division of Alcoholic Beverage Control;
B. 
The possession of alcoholic beverages by any person 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;
C. 
The possession or consumption of an alcoholic beverage in connection with a religious observance, ceremony, or rite; or
D. 
The consumption or possession of an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative, as defined in N.J.S.A. 40:48-1.2, who has attained the legal age to purchase and consume alcoholic beverages.
A. 
Any person who shall violate the provisions of this article shall, upon conviction thereof and in accordance with N.J.S.A. 40:48-1.2, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
B. 
In addition to the fine authorized for this offense, 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 the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1.2, as amended. If a person at the time of the imposition of 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.
C. 
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 Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the court shall include in the report the compete 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.
D. 
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.
E. 
If a person convicted under this article 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 it to the Division of Motor Vehicles on the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report from the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
F. 
Any violation of this article constitutes a breach of the peace.
[Amended 7-3-2023 by Ord. No. 504-2023]