40:48-1.2 Enactment of ordinance relative to possession, consumption of alcoholic beverages by underaged person on private property.
1. a. A municipality may enact an ordinance making it unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property. The ordinance shall provide that a violation shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
b. (Deleted by amendment, P.L.2019, c.276)
c. (1) An ordinance shall not prohibit an underaged 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.
(2) As used in this section:
"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. An ordinance 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, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, R.S.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.
L.2000, c.33, s.1; amended 2019, c.276, s.18.
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