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Possession, consumption of alcoholic beverages by persons under legal
age;
penalty
2C:33-15. Possession, consumption of alcoholic beverages by persons
under legal age; penalty
 1.
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 the
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
and Senior Services, for a period not to exceed the maximum period of
confinement prescribed by law for the offense for which the individual
has been convicted.
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.
L.1979,c.264,s.1; 1979, c.264; amended 1991, c.169, s.2; 1997, c.161.
 Certified by the Supreme Court of New Jersey
as a Criminal Trial Attorney
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