[Adopted 4-19-2007 by Ord. No. 3-22-2007B]
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.
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.
B.
Suspension of driving privileges.
(1)
Upon conviction the court may, in addition to the
fine, suspend or postpone for six months the driving privilege of
the defendant. In the event a driver's license is suspended, 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 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 reached the age of 17 years.
(2)
If a 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 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.
(3)
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, that person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A 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 of the person based on the age of
the person and shall 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.
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 an underage person 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
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 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.
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.