[Adopted 1-4-1956 by Ord. No. 1956-1;
amended in its entirety 1-9-2001 by Ord. No. 2000-34]
For purposes of this article, the following
terms are defined as follows:
A person who has qualified as a guardian of the underage
person pursuant to testamentary of court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
It shall be unlawful for a person under the
legal age to possess or consume an alcoholic beverage on private property,
unless that possession or consumption is in connection with a religious
observance, ceremony or rite, or the underage person possesses or
consumes that beverage in the presence of and with the permission
of a parent, guardian or relative who is of legal age.
It shall be unlawful for a person under the
legal age to purchase alcoholic beverages, attempt to purchase or
have another purchase for him or her any alcoholic beverage within
the Township of Medford.
It shall be unlawful for any person under the
legal age to purchase, possess or consume alcoholic beverages to misrepresent
his or her age for the purpose of inducing any licensee or employee
of such licensee to sell, serve or deliver any alcoholic beverage
to him or her within the Township of Medford.
It shall be unlawful for any person under the
legal age to purchase, possess or consume alcoholic beverages or to
have in his or her possession any opened bottle or can of alcoholic
beverage, and the possession thereof shall be prima facie evidence
of having consumed or imbibed of the contents thereof.
[Amended 11-14-2011 by Ord. No. 2011-14]
A.
In accordance
with P.L. 2000, c. 33,[1] no ordinance shall prohibit possession of alcoholic beverages
by any person under the legal age 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; however,
no ordinance enacted pursuant to this section shall 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.
[1]
Editor's Note: See N.J.S.A. 40:48-1.2.
B.
Good Samaritan
exemption. Any person who affirmatively requests assistance from authorities
(such as via a 9-1-1 call) or from an off-site adult (such as a parent,
guardian or neighboring resident) for the purpose of seeking aid for
a person who is suffering from the effects of alcohol or otherwise
is in need of medical assistance shall not be charged under this article
with underage possession or consumption of alcohol on private property,
as long as assistance is provided as a result of such request. In
an instance where such an affirmative request for assistance is made,
and the person to whom assistance is provided is under 21, that person
also shall not be charged under the article with underage possession
or consumption of alcohol on private property. This provision shall
not apply to an adult not present in the home who is also a parent
or guardian where it can be demonstrated that the parent or guardian
had direct or constructive knowledge of the underage drinking. There
shall be a presumption of direct or constructive knowledge if the
parent or guardian's property has been a location for previous underage
drinking complaints which have resulted in police incident reports
or arrests.
C.
Call for
aid exemption. Any person who is a resident of a dwelling on private
property and affirmatively requests assistance from authorities (such
as via 9-1-1 call) or from an off-site adult (such as a parent, guardian
or neighboring resident) for the purpose of controlling or removing
nonresidents who are on that property shall not be charged under this
article with underage possession or consumption of alcohol on private
property, as long as assistance is provided as a result of such request.
Any person who shall be adjudged guilty of violating
this article before a proper court shall be fined $250 for a first
offense and a three-hundred-fifty-dollar fine for any subsequent offense,
in the discretion of the court. The court also has the discretion
to suspend or postpone the violator's driving privileges for six months.
This suspension may be imposed in those cases where the violator has
a New Jersey driver's license; the postponement shall apply to violators
under the age of 17, increasing the age at which they are eligible
for a New Jersey driver's license from 17 to 17 years and six months.
