[Adopted 3-4-1997 by Ord. No. 5-2-97]
It shall be unlawful for a person under the
legal age to purchase or consume alcoholic beverages, attempt to purchase
or have another purchase for him or her any alcoholic beverage within
the Township of Evesham or for a person of legal age to purchase for
or distribute alcoholic beverages to a person or persons under the
legal age.
It shall be unlawful for any person under the
legal age for purchasing alcoholic beverages to misrepresent his or
her age for the purpose of inducing any licensee or employee of such
licensee to sell, serve or deliver any alcoholic beverage to him or
her within the Township of Evesham.
[Amended 8-2-2011 by Ord. No. 23-8-2011]
A.
It shall
be unlawful for any person under the legal age for purchasing alcoholic
beverages to have in his or her possession any opened bottle or can
of alcoholic beverage or to have consumed any alcoholic beverage,
and the possession thereof shall be prima facie evidence of having
consumed or imbibed of the contents thereof.
B.
It shall
be an exception to prosecution under this provision if that possession
or consumption is in connection with a religious observance, ceremony
or rite, or the underage person possesses or consumes that beverage
in the presence of and with the permission of a parent or guardian
who is of legal age.
C.
Good Samaritan
exemption. Any person who affirmatively requests assistance from authorities
(such as via a 9-1-1 call) or from an off-site adult (such as a parent,
guardian or neighboring resident) for the purpose of seeking aid for
a person who is suffering from the effects of alcohol or otherwise
is in need of medical assistance shall not be charged under this section
with underage possession or consumption of alcohol on private property,
as long as assistance is provided as a result of such request. In
an instance where such an affirmative request for assistance is made,
and the person to whom assistance is provided is under 21, that person
also shall not be charged under the section with underage possession
or consumption of alcohol on private property.
D.
Call-for-aid
exemption. Any person who is a resident of a dwelling on private property
and affirmatively requests assistance from authorities (such as via
9-1-1 call) or from an off-site adult (such as a parent, guardian
or neighboring resident) for the purpose of controlling or removing
nonresidents who are on that property shall not be charged under this
section with underage possession or consumption of alcohol on private
property, as long as assistance is provided as a result of such request.
A.
No parent or guardian of a minor shall knowingly permit
said minor to violate the provisions of this article. The term "knowingly"
includes knowledge which a parent or guardian should reasonably be
expected to have concerning the activities of a minor in said parent
or guardian's legal custody.
B.
Whenever any minor is charged with violation of this
article, his parent(s) or guardian(s) shall be notified by the Chief
of Police or any other person designated by him to give such notice.
If at any time within 30 days following the giving of notice as provided
in this section, the minor, whose parent(s) or guardian(s) have received
the notice referred to in the previous sentence, again violates this
article, it shall be presumed in the absence of evidence to the contrary
that the minor did so with the knowledge and permission of his parent(s)
or guardian(s).
Any person who shall violate the provisions
of this article shall, upon conviction, be punished by a fine of not
less than $100 nor more than $250 or be imprisoned no more than 30
days, or both. A subsequent conviction within five years thereafter
shall carry a mandatory fine of not less than $250 nor more than $500,
and the offender may be imprisoned for no more than 30 days.
