It shall be unlawful for any person under the legal age to knowingly
possess or knowingly consume an alcoholic beverage on private property without
legal authority.
In addition to the fine authorized for this offense,
the court may suspend or postpone for six months the driving privilege of
a person convicted of this offense. Upon the conviction of any person and
the suspension or the 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. 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.
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 can not 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.
The court shall inform the person orally and in writing
that, if a 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.
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 for the court, the Division of Motor Vehicles
shall notify the appropriate officials of the licensing jurisdiction of the
suspension or postponement.
Nothing contained in this article is intended, nor shall
it be construed, as prohibiting 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.
Nothing contained in this article is intended,
nor shall it be construed, as prohibiting 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 at a county vocational school or post-secondary
educational institution; provided, however, that this article shall not be
construed to preclude the imposition of a penalty under this article, or N.J.S.A.
33:1-81, or any other section of law against the person who is convicted of
unlawful alcoholic beverage activity on or at premises licensed for the sale
of alcoholic beverages.