[Adopted by Ord. No. 2000-27]
The purpose of this article is to provide an enforcement mechanism
under the Township ordinances pursuant to Public Law Chapter of the
laws of the State of New Jersey.
As used in this article, the following terms are defined:
Person who has qualified as guardian of the underage person
pursuant to testamentary or court appointment.
The underaged person's parent, grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
A.
Any person under the legal age to purchase alcoholic beverages, who
knowingly possesses without legal authority, or who knowingly consumes
any alcoholic beverage on private property, shall be punished by fine
of $250 for first offense and $350 for any subsequent offense. The
court may, in addition to the fine authorized for this offense, suspend
the driving privileges of said defendant for period of up to six months
or in the alternative, if the defendant has not yet obtained such
driving privilege, may suspend or postpone the opportunity for said
defendant to obtain his/her driving privileges for period of up to
six months.
B.
Upon conviction of any person, and the suspension or postponement
of that person's driver's license, the court shall forward report
to the Division of Motor Vehicles, stating the first and last day
of the suspension or postponement imposed by the court pursuant to
this article. If the person at the time of the imposition of sentence
is less than 17 years of age, the period of postponement, including
suspension or postponement of the privilege of operating motorized
bicycle, shall commence on the day the sentence is imposed and shall
run for the period as set by the court from the date the person reaches
the age of 17 years.
C.
If a person at the time of the imposition of sentence has valid driver's
license issued by this state, and the court suspends same, 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.
D.
The court shall inform the person orally and in writing that if the
person is convicted of operating 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 written notice or failure to acknowledge in writing the receipt
of written notice shall not be defense to subsequent charge of violation
of N.J.S.A. 39:3-40.
E.
The court shall, with respect to the driving privileges of any person
convicted under this article who is not a New Jersey resident, 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 nonresident
convicted under this article. Upon receipt of report by the court,
the Division shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
F.
This article does not prohibit an underaged person from consuming
or possessing an alcoholic beverage in connection with 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.
G.
This article does not prohibit possession of alcoholic beverages
by any such person while actually engaged the performance of employment
by a person who is licensed under Title 33 of the New Jersey Statutes,
or while engaged in the preparation of food while enrolled culinary
arts or hotel management program at county vocational school or postsecondary
educational institution. However, no ordinance enacted pursuant to
this article shall be construed to preclude the imposition of a penalty
under 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.
