[Adopted 5-14-2007 by Ord. No. 5-2007]
As used in this article, the following terms shall have the meanings indicated:
GUARDIAN
A person who has qualified as the guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling, or other person related by blood or affinity.
UNDERAGED PERSON AND PERSONS UNDER THE LEGAL AGE
One who has not attained the age of 21 years and who does not have a right pursuant to N.J.S.A. 9:17B-l.b. to purchase and consume alcoholic beverages.
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.
A. 
All terms used in this section shall have the meanings set forth in N.J.S.A. 40:48-1.2.
B. 
Any person who is found to have violated this article shall be subject to the following penalties, which shall be imposed in the manner set forth in N.J.S.A. 40:48-1.2: a fine of not more than $250 for a first offense, and a fine of not more than $350 for any subsequent offense. The court, in addition to imposing a fine, may suspend or postpone driving privileges for a term of not more than six months, and the court may also require up to 180 days of community service.
C. 
Upon the conviction of any person and the suspension or postponement of that person's driving privilege, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court. If a person at the time of imposition of the sentence is less than 17 years of age, the period of license postponement 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.
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 Motor Vehicle Commission 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 Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
E. 
In the event a suspension or postponement of driving privilege is ordered, the court shall immediately collect the defendant's driver's license certificate and forward it to the Motor Vehicle Commission. If for any reason the license certificate cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the defendant as well as the first and last date of the license suspension period imposed by the court.
F. 
In the event a suspension or postponement of driving privilege is ordered, 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 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 give 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.
This article shall not apply to nor prohibit:
A. 
Any underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite.
B. 
An underaged person 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.
C. 
An underaged person from possessing alcoholic beverages 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; provided, however, that 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.