Borough of Westwood, NJ Article III Possession and Consumption by Underage Persons on Private Property

[Adopted 8-22-2006 by Ord. No. 06-14]

§ 87-17 Prohibited acts.

If shall be unlawful for a person under the legal age to knowingly possess or consume alcoholic beverages on private property in the Borough of Westwood as is provided herein.

§ 87-18 Service to underage minors prohibited.

It shall be unlawful for any person to serve alcoholic beverages to any person under the legal age upon private property within the Borough of Westwood except as provided herein.

§ 87-19 Exemptions; definitions.

A. Exemptions.

(1) Those persons who are under the legal age, who are engaged in employment by an establishment, place or business which serves alcoholic beverages and are required to deliver or place alcoholic beverages on display are exempt from this article for the course of their employment at that place.

(2) Any underage person or persons who possess or consume alcoholic beverages in the presence of a responsible adult in connection with religious observance, ceremony or rite or an underage person who consumes or possesses an alcoholic beverage at their home in the presence of and with the permission of a parent or guardian who has attained the legal age to purchase and consume alcoholic beverages is exempt from this article.

B. Definitions. As used herein, the following terms shall have the meanings indicated:

GUARDIAN

A person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.

RELATIVE

The underage person's grandparent, aunt, uncle, sibling or any other person related by blood or affinity.

§ 87-20 Violations and penalties.

A. Any person found guilty of violating the terms of this article shall be subject to a fine of $250 for the first offense and a fine of $350 for any subsequent offense.

B. Suspension or postponement of driving privileges.

(1) In addition, the court may, upon a finding of guilt, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges 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.

(2) 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.

(3) If a person, at the time of the imposition of a sentence, has a valid driver's license 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 courts 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.

(4) 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 a 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.

(5) If the person convicted under such an ordinance 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 article. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.