Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 3-4-1997 by Ord. No. 5-2-97]
It shall be unlawful for a person under the legal age to purchase or consume alcoholic beverages, attempt to purchase or have another purchase for him or her any alcoholic beverage within the Township of Evesham or for a person of legal age to purchase for or distribute alcoholic beverages to a person or persons under the legal age.
It shall be unlawful for any person under the legal age for purchasing 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 Evesham.
[Amended 8-2-2011 by Ord. No. 23-8-2011]
A. 
It shall be unlawful for any person under the legal age for purchasing alcoholic beverages to have in his or her possession any opened bottle or can of alcoholic beverage or to have consumed any alcoholic beverage, and the possession thereof shall be prima facie evidence of having consumed or imbibed of the contents thereof.
B. 
It shall be an exception to prosecution under this provision if 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 or guardian who is of legal age.
C. 
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 section 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 section with underage possession or consumption of alcohol on private property.
D. 
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 section with underage possession or consumption of alcohol on private property, as long as assistance is provided as a result of such request.
E. 
As used in this chapter, the following words shall have the following meanings:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
A. 
No parent or guardian of a minor shall knowingly permit said minor to violate the provisions of this article. The term "knowingly" includes knowledge which a parent or guardian should reasonably be expected to have concerning the activities of a minor in said parent or guardian's legal custody.
B. 
Whenever any minor is charged with violation of this article, his parent(s) or guardian(s) shall be notified by the Chief of Police or any other person designated by him to give such notice. If at any time within 30 days following the giving of notice as provided in this section, the minor, whose parent(s) or guardian(s) have received the notice referred to in the previous sentence, again violates this article, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent(s) or guardian(s).
Any person who shall violate the provisions of this article shall, upon conviction, be punished by a fine of not less than $100 nor more than $250 or be imprisoned no more than 30 days, or both. A subsequent conviction within five years thereafter shall carry a mandatory fine of not less than $250 nor more than $500, and the offender may be imprisoned for no more than 30 days.