[Added 10-4-2004 by Ord. No. 16-2004]
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 testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
The consumption or possession of alcoholic beverages
of any type on private property by a person who is under the legal
age without legal authority is prohibited.
A.
The provisions of Article III shall not apply to an underage person who consumes or possesses an 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.
B.
The provisions of this article shall also not apply
to possession of alcoholic beverages by a person who is either actually
engaged in the performance of employment by another person who is
licensed under Title 33 of the Revised Statutes, while actually engaged
in the performance of employment, or 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.
This article shall not be construed to preclude the imposition of
a penalty under N.J.S.A. 33:1-81, or any other applicable 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.
A.
Any person who is convicted of violating Article III shall be subject to a fine of $250 for the first offense and $350 for any subsequent offense.
B.
In addition to the fine, the court may suspend or
postpone for six months the defendant's driving privilege. 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. At the time of the imposition of sentence
if the defendant is less than 17 years of age, the period of license
postponement, including 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.
C.
At the time of the imposition of a sentence, if a
person has a valid driver's license issued 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 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 day of the license suspension period imposed by the court.
D.
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 the required report to the Division. 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.
E.
The court shall also 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, that 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 shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
