[Adopted by Ord. No. 00-21 (Sec. 3-22 of the 2002 Revised General Ordinances)]
Senate No. 692 was duly passed by both houses of the New Jersey
Legislature and signed into law by the Governor on June 26, 2000,
to become effective immediately. This legislation amends N.J.S.A.
40:48-1.2 to provide a new section authorizing a municipality to enact
an ordinance making it unlawful for any person under the legal age,
who, without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private property and provides for the assessment
of penalties, including the suspension, revocation or postponement
of certain driving privileges. The Township of Clark intends to adopt
an ordinance in accordance with the aforesaid enabling legislation.
The Municipal Council of the Township of Clark is of the opinion that
such an ordinance is in the public interest and will promote public
safety and will contribute to the overall public health, safety and
welfare of the community at large.
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
Any person violating the provisions of this section shall, in accordance
with the provisions of N.J.S.A. 40:48-1.2, as amended, be punished
by 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 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 N.J.S.A. 40:48-1.2, as amended. If a person at the time
of the imposition of 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.[1]
C.Â
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 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.
D.Â
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.
E.Â
If a person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresidential
driving privilege of the person based on the age of the person and
submit it to the Division of Motor Vehicles on the required report.
The court shall not collect the license of a nonresident convicted
under this section. Upon receipt of a report for the court, the Division
of Motor Vehicles shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
A.Â
Nothing contained in this section is intended, nor shall it be construed,
as prohibiting 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.Â
GUARDIAN
RELATIVE
As used in the preceding Subsection A, the following terms shall have the meaning set forth:
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.
C.Â
Nothing contained in this section is intended nor shall it be construed
as prohibiting possession of alcoholic beverages by any such 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 post-secondary
educational institution; provided, however, that this section 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.
