Township of Moorestown, NJ Article III Consumption or Possession by Minors

§ 46-19 Findings.

A. Underage drinking is an extremely serious problem in our society which results in motor vehicle deaths and injuries, alcohol poisonings, violence and significant property damage;

B. Underage drinking by minors often occurs at private house parties or gatherings where responsible adults or parents are not present;

C. Underage drinking parties in private homes are occurring at an alarming frequency;

D. Underage drinking parties in private homes often attract scores of minors who converge without the permission of the property owner, parent or responsible adult; and

E. These minors believe they are innocent of wrongdoing by virtue of not physically possessing any alcoholic beverage when stopped or questioned by police officers.

§ 46-20 Consumption, access and possession prohibited.

No individual under 21 years of age shall consume any liquor, wine, beer or other alcoholic beverage or have access to or have in his or her possession any open bottle, can, glass or any other container with liquor, wine, beer or other alcoholic beverage in it:

A. While in or upon any public street, road, sidewalk, parking lot or other public place;

B. In any private vehicle while such vehicle is in motion, stopped or parked in or on any public street, road or parking lot; or

C. While in or upon any private home or property not his or her own.

§ 46-21 Assistance, promotion and permitting of unlawful conduct prohibited.

A. Any person, firm, corporation or other entity, who or which aids, supports, promotes, assists, encourages or permits any individual under 21 years of age to violate any provision of this article, shall also be deemed in violation of this article.

B. Presumptions. Any property owner or tenant who is either physically present in the owned or rented structure or physically present on the land owned or rented at the time of violation of § 46-20 of this article shall be prima facie presumed to be aiding, supporting, promoting, assisting and encouraging or permitting any individual under 21 years of age to violate any provision of this article and shall prima facie presumptively be deemed in violation of this article.

§ 46-22 Violations and penalties.

A. Any person who violates this article shall, upon conviction thereof, in a proceeding before a court of competent jurisdiction, be subject to a fine not less than $100 and shall be required to perform a period of community service not to exceed five days.

B. For a second offense, persons shall be subject to a fine of not less than $300 and a period of community service not to exceed 10 days.

C. For a third and subsequent offense, persons shall be subject to a fine of not less than $500 and a period of community service not to exceed 30 days.

§ 46-23 When effective.

This article shall become effective upon final adoption and publication in the manner prescribed by law.