[Adopted 7-23-1969 as Ch.
4, Art. V, of the 1969 Code]
It shall be unlawful for a minor to enter any premises licensed for
the retail sale of alcoholic beverages for the purpose of purchasing or having
served or delivered to him or her any alcoholic beverage.
[Amended 4-28-1993 by Ord.
No. 12-93]
No person under the legal age for purchasing alcoholic beverages shall
purchase, attempt to purchase or have another purchase for him or her any
alcoholic beverage. No person under the legal age for purchasing alcoholic
beverages shall order, be served with, have in his or her possession or consume
any alcoholic beverages on any public or private street or in any public or
private place in the Borough of Eatontown, in the County of Monmouth. No person
shall invite, induce or knowingly allow any person under the legal age for
purchasing alcoholic beverages to be served with, have in his or her possession
or consume any alcoholic beverage on any public or private street or in any
public or private place in the Borough of Eatontown, in the County of Monmouth.
It shall be unlawful for a person to misrepresent or misstate his or
her age or the age of any other person for the purpose of inducing any retail
licensee or employee of a retail licensee to sell, serve or deliver any alcoholic
beverage.
[Added 11-8-2000 by Ord.
No. 22-2000[1]]
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.
[1]
Editor's Note: This ordinance also deleted former § 4-18,
Penalty for violations.
[Added 11-8-2000 by Ord.
No. 22-2000[1]]
A.
Any person found guilty of violating the terms of this
article shall be subject to a fine of $250 for the first offense 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
drivers 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. If the defendant at the time of the imposition of the
sentence has a valid drivers 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.
[1]
Editor's Note: This ordinance also deleted former § 4-19,
Effective date.
[Added 11-8-2000 by Ord.
No. 22-2000]
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 has 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; however, this article shall not be construed to preclude
the imposition of a 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.
[Added 11-8-2000 by Ord.
No. 22-2000]
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 a testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling, or any
other person related by blood or affinity.
