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2C:33-15. Minors Possessing Alcoholic
Beverages
a. Any person under the legal age to purchase alcoholic
beverages who knowingly possesses without legal authority or who
knowingly consumes any alcoholic beverage in any school, public
conveyance, public place, or place of public assembly, or motor
vehicle, is guilty of a disorderly persons offense, and shall be fined
not less than $500.00.
b. Whenever this offense is committed in a motor vehicle, the
court shall, in addition to the sentence authorized for the offense,
suspend or postpone for six months the driving privilege of the
defendant. Upon conviction of any person under this section, 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 this section. If a person at
the time of the imposition of a 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.
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 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 date of the license suspension period imposed by the court.
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 R.S. 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 R.S. 39:3-40.
If the person convicted under this section is not a New
Jersey resident, the court shall suspend or postpone, as appropriate,
the non-resident driving privilege of the person based on the age of
the person and submit to the division the required report. The court
shall not collect the license of a non-resident convicted under this
section. Upon receipt of a report by the court, the division shall
notify the appropriate officials in the licensing jurisdiction of the
suspension or postponement.
c. In addition to the general penalty prescribed for a
disorderly persons offense, the court may require any person who
violates this act to participate in an alcohol education or treatment
program, authorized by the Department of Health*, for a period not to
exceed the maximum period of confinement prescribed by law for the
offense for which the individual has been convicted.
*Now, Department of Health and Senior Services.
d. Nothing in this act shall apply to possession of alcoholic
beverages by any such person while actually engaged in the performance
of employment pursuant to an employment permit issued by the Director
of the Division of Alcoholic Beverage Control, or for a bona fide
hotel or restaurant, in accordance with the provisions of R.S.
33:1-26, 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.
e. The provisions of section 3 of P.L. 1991, c.169
(C.33:1-81.1a) shall apply to a parent, guardian or other person with
legal custody of a person under 18 years of age who is found to be in
violation of this section.
2C:33-16. Alcoholic Beverages Possessed by Person of Legal Age on
School Property
Any person of legal age to purchase alcoholic beverages, who
knowingly and without the express written permission of the school
board, its delegated authority, or any school principal, brings or
possesses any alcoholic beverages on any property used for school
purposes which is owned by any school or school board, is guilty of a
disorderly persons offense.
2C:33-17. Serving of Alcoholic Beverages to a
Minor
a. Anyone who purposely or knowingly offers or serves or
makes available an alcoholic beverage to a person under the legal age
for consuming alcoholic beverages or entices or encourages that person
to drink an alcoholic beverage is a disorderly person.
This subsection shall not apply to a parent or guardian of the
person under legal age for consuming alcoholic beverages if the parent
or guardian is of the legal age to consume alcoholic beverages or to a
religious observance, ceremony or rite. This subsection shall also
not apply to any person in his home who is of the legal age to consume
alcoholic beverages who offers or serves or makes available an
alcoholic beverage to a person under the legal age for consuming
alcoholic beverages or entices that person to drink an alcoholic
beverage in the presence of and with the permission of the parent or
guardian of the person under the legal age for consuming alcoholic
beverages if the parent or guardian is of the legal age to consume
alcoholic beverages.
b. A person who makes real property owned, leased or managed
by him available to, or leaves that property in the care of, another
person with the purpose that alcoholic beverages will be made
available for consumption by, or will be consumed by, persons who are
under the legal age for consuming alcoholic beverages is guilty of a
disorderly persons offense.
This subsection shall not apply if:
(1) the real property is licensed or required to be licensed
by the Division of Alcoholic Beverage Control in accordance with the
provisions of R.S. 33:1-1 et seq.;
(2) the person making the property available, or leaving it
in the care of another person, is of the legal age to consume
alcoholic beverages and is the parent or guardian of the person who
consumes alcoholic beverages while under the legal age for consuming
alcoholic beverages; or
(3) the alcoholic beverages are consumed by a person under
the legal age for consuming alcoholic beverages during a religious
observance, ceremony or rite.
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