[Amended 6-13-2001 by Ord. No. 2001-9]
It shall be unlawful for any person under the legal age to have,
possess, carry, distribute, transport or consume any alcoholic beverage
on any public street, highway, avenue, road or alley, in a public
building or in any other public place in the Borough of Kenilworth.
[Amended 6-13-2001 by Ord. No. 2001-9]
A.
It shall be unlawful for any person under the legal age to possess
or consume an alcoholic beverage on private property or within or
on a private facility unless 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, guardian or relative who is of legal
age.
B.
The possession or delivery of alcoholic beverages by an underage
person who is employed by an alcoholic beverage licensee and who,
at the time of possession or delivery of such alcoholic beverage,
was carrying out the duties of his or her employment shall be exempt
from the provisions of this section.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
An underage person and one or two other persons acting in concert with the underage person shall be immune from prosecution under § 57-22 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.
It shall be unlawful for any person to purchase any alcoholic
beverages for the purpose of consumption of the same on any public
street, highway, avenue, road or alley, in or about any building or
in any other public place in the Borough of Kenilworth on behalf of
any person under the legal age to purchase alcoholic beverages.
It shall be unlawful for:
A.
A person under the legal age for purchasing alcoholic beverages to
enter any premises licensed for the retail sale of alcoholic beverages
for the purpose of purchasing or having served or delivered to him
or her any alcoholic beverage.
B.
A person under the legal age for purchasing alcoholic beverages to
consume any alcoholic beverage on premises licensed for the retail
sale of alcoholic beverages or to purchase, attempt to purchase or
have another purchase for him or her any alcoholic beverage.
C.
Any person to misrepresent or misstate his or her age or the age
of any other person for the purpose of inducing any licensee or any
employee of any licensee to sell, serve or deliver any alcoholic beverage
to a person under the legal age for purchasing alcoholic beverages.
D.
Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase,
alcoholic beverages for another person who does not because of his
age have the right to purchase and consume alcoholic beverages.
[Amended 6-13-2001 by Ord. No. 2001-9]
A.
Any person violating the provisions of § 57-21 of this article shall, upon conviction thereof, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code. This is in addition to any and all penalties as prescribed by and set forth in N.J.S.A. 33:1-81.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Any person violating the provisions of § 57-22 of this article shall, upon conviction thereof, be subject to a fine of $250 for a first offense and a fine of $350 for any subsequent offense. In addition to a monetary penalty, the court, in its discretion, may suspend the driving privileges of a violator for a period of six months or, in the case of a violator under the age of 17, increase the age at which time he or she may be eligible for a New Jersey driver's license from 17 years to 17 years and six months.
