[Adopted 7-11-2006 by Ord. No. 2006-10]
As used in this article, the following terms shall have the meanings
indicated:
An alcoholic beverage as defined in the New Jersey Alcoholic Beverage
Law, N.J.S.A. 33:1-1 et seq.
A person who has qualified as a guardian of the underaged person
pursuant to testamentary or court appointment.
A person under the age of 21 years and includes the term "underaged
person."
The underaged person's grandparent, aunt or uncle, sibling or any
other person related by blood or affinity.
It shall be unlawful for any person under the legal age who, without
legal authority, knowingly possesses or knowingly consumes an alcoholic beverage
on private property.
A.Â
Nothing herein shall prohibit a person under the legal
age from consuming or possessing an alcoholic beverage in connection with
a religious observance, ceremony or rite or from 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 to consume
alcoholic beverages.
B.Â
Nothing herein shall prohibit possession of alcoholic
beverages by any person under the legal age while such person is actually
engaged in the performance of employment by a person who is licensed under
N.J.S.A. 33:1-1 et seq., 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, except that this
section shall not be construed to preclude the imposition of a penalty under
this article or pursuant to 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.
A.Â
Upon the conviction of any person for a violation of
this article, the court shall impose a fine of $250 for a first offense and
$350 for any subsequent offense.
B.Â
In addition to the fine authorized for this offense,
the court may suspend or postpone for six months the driving privilege of
any person convicted of violating this article. 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.
(1)Â
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.
(2)Â
If a person, at the time of the imposition of a sentence,
has a valid driver's license issued by the State of New Jersey, the court
shall immediately collect the license and forward same to the Division of
Motor Vehicles along with the report required hereunder. 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)Â
The court shall inform the person orally and in writing
that if such 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. 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 a written notice shall
not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
(4)Â
If a 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 submit the required report to the Division of Motor Vehicles. The court
shall not collect the license of a nonresident convicted under this article.
Upon receipt of a report by the court, the Division of Motor Vehicles shall
give required notice to appropriate officials in the licensing jurisdiction
of the suspension or postponement.
