It is hereby unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property.
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. The court may, upon a finding of guilty,
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.
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.
If the defendant at the time of the imposition of the 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.
B.
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. The defendant 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 the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
C.
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 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.
A.
This article shall not prohibit 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.
This article shall not prohibit the possession of alcoholic beverages
by any underage person while actually engaged in the performance of
employment by a person who has 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; however,
this section shall not be construed to preclude the imposition of
a penalty under this article, 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.
As used in this article, the following terms shall have the
meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.