[Adopted 7-9-2007 by Ord. No. 1021]
As used in this article, the following words
shall have the meanings indicated:
A person who has qualified as a guardian of the underaged
person pursuant testamentary or court appointed.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
The consumption or possession of alcoholic beverages
of any type on private property by a person who is under the legal
age and without legal authority is prohibited.
A.
The provisions of this section shall not apply to
any underaged person who consumes or possesses an alcoholic beverage
in connection with a religious observance, ceremony, or rite, or consumes
or possesses 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. However, nothing
contained herein shall be construed to exclude liability on a parent,
guardian or relative whose actions caused or contributed to the intoxication
of an underage person, and such parent, guardian or relative shall
remain liable under all laws and statutes.
B.
The provisions of this chapter as to possession of
alcoholic beverages shall not apply to any such person while actually
engaged in the performance of employment by a person who is licensed
under Title 33 of the New Jersey 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 post
secondary education institution.
C.
This section shall be construed to 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 activities
on or at premises licensed for the sale of alcoholic beverages.
A.
Any person convicted of a violation of this article
shall be subject to a fine of $250 for the first offense, and $350
for any subsequent offense(s).
B.
Upon conviction, the court may, in addition to the
fine, suspend or postpone for six months the driving privileges of
the defendant. In the event a driver's license is suspended, 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 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.
(1)
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 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 day of the license suspension period imposed by the court.
(2)
The court shall also 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, that 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 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
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.
