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.
A.
Any person found guilty of violating the terms of
this article shall be subject to a fine of $250 for a first offenses
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 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 that 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
reached 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 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 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.
B.
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.
C.
If the 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 to the Division the required report. The court
shall not collect the license of a nonresident convicted under this
article. 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.
This article 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.
B.
This article shall not prohibit the possession of
alcoholic beverages by any underage person while actually engaged
in the performance of employment by a person who was 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 at a county vocational school or postsecondary educational
institution; however, this article shall not be construed to preclude
the imposition of 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.
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
