[Adopted 3-21-2007 by Ord. No. 5-2007]
A.
Prohibition. It shall be unlawful for any person under
the legal age to, without legal authority, knowingly possess or knowingly
consume an alcoholic beverage on private property.
B.
Exceptions.
(1)
It shall not be a violation of this article if an
underage person consumes or possesses an alcoholic beverage in connection
with a religious observance, ceremony, or rite or consumes or possesses
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.
(2)
It shall not be a violation of this article if the possession of alcoholic beverages by any such underage person occurs 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 § 194-14 or 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 testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
A.
A person found guilty of a violation of this article
shall be punished by a fine of $250 for a first offense and $350 for
any subsequent offense. The Municipal Court Judge may, in addition
to the fine authorized for this offense, suspend or postpone for six
months the driving privilege of the defendant. 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 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 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.
B.
If a person at the time of the imposition of a sentence
has a valid driver's license issued by this state, the Court shall
immediately collect the license and forward it to the Division 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.
C.
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. 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.
D.
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 submit to the Division the required report. The Court
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the Court, the Division shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.