Seaside Park Municipal Court & Violations Bureau

1 Municipal Plaza

Seaside Park, NJ 08752          

Contact:

732-793-5116

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Article II:

Use by Minors

Chapter 119:Alcoholic Beverages

Article II Use by Minors

§ 119-15 Purchase or consumption.

§ 119-16 Violations and penalties.

§ 119-15 Purchase or consumption.

No minor shall purchase, accept or consume any alcoholic beverage on or upon any premises licensed to sell alcoholic beverages in the Borough of Seaside Park.

§ 119-16 Violations and penalties.

Any person convicted of a violation of this article shall, upon conviction, be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code.

Article III:

Consumption in Public; Open Containers

Chapter 119:Alcoholic Beverages

Article III Consumption in Public; Open Containers

§ 119-17Purpose.

§ 119-18 Consumption of alcohol in public and open containers restricted; exception.

§ 119-19 Carrying alcohol out of licensed establishments.

§ 119-20 Violations and penalties.

§ 119-17 Purpose.

The purpose of this article is to maintain the public health, safety and welfare of this family resort by prohibiting anyone from consuming alcoholic beverages upon any public recreation area, beach, thoroughfare or right-of-way and to prohibit establishments selling alcohol for on-premises c

§ 119-18 Consumption of alcohol in public and open containers restricted; exception.

A. It shall be unlawful for anyone to consume an alcoholic beverage upon any public recreation area, beach, thoroughfare or right-of-way.

B. Carrying alcoholic beverages in an open container shall also be considered unlawful within this municipality.

C. This section shall not apply to any properly licensed public function or activity sanctioned in accordance with the rules and regulations of the Division of Alcoholic Beverages of the State of New Jersey.

§ 119-19 Carrying alcohol out of licensed establishments.

It shall be unlawful and violative of this article for any person, corporation, partnership or other entity holding a plenary retail alcohol consumption license to allow any individual to leave the licensed premises and go upon a public property, place, thoroughfare or right-of-way with any alcoholic beverage, unless said alcoholic beverage is in a sealed, original container. It shall further be unlawful for any licensed establishment to serve alcoholic beverages outside of the enclosed licensed structure.

§ 119-20 Violations and penalties.

Any person, corporation, partnership or other entity violating this article shall be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code. Said fine or imprisonment shall be in the discretion of the judge before whom said person shall be tried and convicted. In addition, any licensed establishment shall be subject to any and all penalties invoked in connection with the rules and regulations of the Alcoholic Beverage Control Division.

Article V:

Consumption or Possession by Underaged Persons on Private Property

Chapter 119: Alcoholic Beverages

Article V Consumption or Possession by Underaged Persons on Private Property

§ 119-25 Definitions.

§ 119-26 Consumption of alcoholic beverages by underage person on private property prohibited.

§ 119-27 Violations and penalties.

§ 119-28 Exceptions.

§ 119-25 Definitions.

As used in this article, the following terms shall have the meanings indicated:

GUARDIAN

A person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.

RELATIVE

The underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.

§ 119-26 Consumption of alcoholic beverages by underage person on private property prohibited. It is unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.

§ 119-27 Violations and penalties.

1. Any person found guilty of violating the terms of this article shall be subject to a fine of not less than $250 nor more than $2,000. In addition, the court may, upon a finding of guilt, in addition to the fine authorized for this offense, 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 drivers 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 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 the defendant at the time of the imposition of the sentence has a valid drivers 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 sex of the person, as well as the first and last date of the license suspension period imposed by the court.[1]

B. 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. The defendant 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 the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

C. If the person convicted under this article is not a New Jersey resident, the 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 the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

§ 119-28 Exceptions.

A. This article shall not prohibit 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. This article shall not prohibit the possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who was 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 this section, 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.

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