[Adopted by Ord. No. O-00-28 (§ 3-28.5
of the 1974 Code)]
A.
It is unlawful for any person under the legal age
who, without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private property. Any person found guilty
of violating this subsection shall be punished by a fine of $250 for
the first offense and $350 for any subsequent offense.
B.
The Municipal Court may, in addition to the fine authorized
for this offense, suspend or postpone for six months the driving privilege
of any person found guilty of violating this section. 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 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.
C.
If a person at the time of the imposition of a sentence
has a valid driver's license issued by the state, the Municipal 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 on 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.
D.
The Municipal 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 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 any person convicted under this section is not
a New Jersey resident, the Court shall suspend or postpone, as appropriate,
the nonresident driving privilege based upon 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 subsection.
Upon receipt of a report by the Court, the Division shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
A.
Nothing herein shall 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 possession of alcoholic
beverages by any such 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 a culinary arts or hotel management program in a county
vocational school or a post secondary education institution. However,
this does not preclude the imposition of a penalty under 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.
