[Adopted 12-22-1958 (Ch. 67, Art. II, of the 1977 Code)]
[1]
Editor's Note: Former § 103-25, Purchase by person
under legal age, as amended, was repealed 6-8-2009 by Ord. No. 2009-20.
[1]
Editor's Note: Former § 103-26, Purchase for person
under legal age, as amended, was repealed 6-8-2009 by Ord. No. 2009-20.
[1]
Editor's Note: Former § 103-27, Misrepresentation
of age, as amended, was repealed 6-8-2009 by Ord. No. 2009-20.
[Amended 2-9-1977 by Ord. No. 1977-6; 4-8-1982 by Ord. No. 1982-11; 5-7-2007 by Ord. No. 2007-10]
B.
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.
C.
Violations and penalties.
(1)
Any person found guilty of violating the terms of
this section shall be subject to a fine of $250 for a first offense
and a fine of $350 for any subsequent offense.
(2)
In addition, the court may, upon a finding a 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.
(3)
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.
(4)
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.
(5)
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 acknowledge 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.
(6)
If the person convicted under this section 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.
D.
Exceptions.
(1)
This section 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.
(2)
This section shall not prohibit the possession of
alcoholic beverages by any underaged 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 section 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.
E.
GUARDIAN
RELATIVE
Definitions. As used in this section, 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 underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
[Amended 2-9-1977 by Ord. No. 1977-6; 7-12-1989 by Ord. No.
1989-19; 5-7-2007 by Ord. No. 2007-10]
