[Adopted 6-15-2004 by Ord. No. 2004-10]
A.
It shall be unlawful for any person under the legal
age to purchase alcoholic beverages or to knowingly possess or consume
any alcoholic beverage in or on any private property.
B.
This article shall not prohibit an underaged person
from consuming or possessing an alcoholic beverage in connection with
a religious observance, ceremony or rite, nor shall this ordinance
prohibit an underaged person from 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.
C.
As used in this article, "guardian" means a person
who has qualified as a guardian of the underaged person pursuant to
testamentary or court appointment. "Relative" means the underaged
person's grandparent, aunt or uncle, sibling or any other person related
by blood or affinity.
D.
This article shall not prohibit 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 hotel management program at a county
vocational school or post-secondary educational institution. However,
this article shall not be construed to preclude the imposition of
a penalty under 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.
A.
A person found guilty of a violation of this article
shall be punished by a fine of $250 for a first offense and $350 for
any subsequent offense.
B.
The Municipal Court may, in addition to the fine authorized
for this offense, suspend or postpone for six months the driving privilege
of the defendant. Upon the conviction of any person and the suspension
or postponement of that person's driver's license, 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 pursuant to this section. 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 Municipal 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 Municipal 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.
D.
The Municipal 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 of a violation of N.J.S.A. 39:3-40.
E.
If the person convicted under this article is not
a New Jersey resident, the Municipal 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 of Motor Vehicles
the required report. The Municipal Court shall not collect the license
of a nonresident convicted under this section.
F.
In addition to the penalties prescribed in Subsections A and B of this section, the Municipal Court shall require any person convicted under this article to perform four hours of community service under the direction and supervision of the Juvenile Division of the East Rutherford Police Department for a first offense. Any person convicted of a second or subsequent offense shall, for each offense, perform eight hours of community service.
