[Adopted 4-18-2007 by Ord. No. 2007-8]
It shall be unlawful for any person under the legal age to, without
legal authority, knowingly possess or knowingly consume an alcoholic beverage
on private property.
As used in this article, the following terms shall have the meanings
set forth:
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.
A.
Any person violating the provisions of this article shall,
in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a
fine of $250 for a first offense and $350 for any subsequent offense.
B.
In addition to the fine authorized for this offense,
the court may 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 N.J.S.A. 40:48-1.2.
If a person at the time of the imposition of 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.
C.
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 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 the sex of the person, as well as the first and last date of the
license suspension period imposed by the court.
D.
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 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.
E.
If a person convicted under this article is not a New
Jersey resident, the court shall suspend or postpone, as appropriate, the
nonresidential driving privilege of the person based on the age of the person
and submit it to the Division of Motor Vehicles on the required report. The
court shall not collect the license of a nonresident convicted under this
article. Upon receipt of a report from the court, the Division of Motor Vehicles
shall notify the appropriate officials in the licensing jurisdiction of the
suspension or postponement.
A.
Nothing contained in this article is intended, nor shall
it be construed, as prohibiting 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.
Nothing contained in this article is intended nor shall
it be construed as prohibiting possession of alcoholic beverages by any such
person while 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 a hotel management
program at a county vocational school or post-secondary educational institution;
provided, however, that this article 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.
