[Adopted 8-1-2011 by Ord. No. 778-2011]
For purposes of this article, the following words or terms shall have the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
RELATIVE
The underage person's parent, grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
It is 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: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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 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 article shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81 or any other section of law against a person that is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
A. 
Any person found guilty of violating the terms of this article shall be subject to a fine of $250 for a first offense and $350 for any subsequent offense. Upon a finding of guilt, the court may also suspend or postpone for six months the person's driving privileges in addition to the authorized fine. Upon the conviction of any person and suspension or postponement of the person's driver's license, the court shall forward a report to the New Jersey Motor Vehicle Commission ("Commission") stating the first and last day of the suspension or postponement imposed by the court pursuant to this section. If a person at the time of the imposition of the 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 this sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years. If the person 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 Commission along with a 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 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 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 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 for the person based on the age of the person and submit to the Commission the required report. The court shall not collect the license of the nonresident convicted under this article.
A. 
An underage person and one or two other persons shall be immune from prosecution under this article if:
(1) 
One of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;
(2) 
The underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;
(3) 
The underage person was the first person to make the 9-1-1 report; and
(4) 
The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.
B. 
The underage person who received medical assistance as provided in Subsection A of this section also shall be immune from prosecution under this article.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).