[Adopted 7-5-2005]
No person under the legal age to consume alcoholic beverages
shall knowingly possess or knowingly consume alcoholic beverages on
private property. Any person found to be in violation of this section
shall be punished by a fine of $250 for a first offense and $350 for
any subsequent offense. In addition to the fine authorized for this
offense, the Court may suspend or postpone for six months the driving
privileges of that person's driver's license. Upon conviction,
the Municipal 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. 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 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 New Jersey State
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.
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 or a violation of N.J.S.A. 39:3-40.
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.
Pursuant to N.J.S.A. 2C:33-17, a person who makes real property
owned, leased or managed by him available to, or leaves that property
in the care of, another person with the purpose that alcoholic beverages
will be made available for consumption by, or will be consumed by,
persons who are under the legal age for consuming alcoholic beverages
is guilty of a disorderly persons offense.
No person shall be convicted for violating this article if:
A.
The person consumes or possesses the alcoholic beverage in connection
with a religious observance, ceremony or rite or consumes or possesses
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. As used in this subsection, "relative"
means the underaged person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity. The term "guardian"
means a person who has qualified as a guardian of the underaged person
pursuant to testamentary or court appointment.
B.
The person is 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; however, this subsection
does not preclude the imposition of a penalty under this section,
N.J.S.A. 33:1-1 et seq., or any other section of law against a person
who is convicted of unlawful alcoholic beverage activity on or at
the premises licensed for the sale of alcoholic beverages.
[Amended 5-21-2013]
C.
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.
