Rutgers Law

NOTE: This section was repealed by L.2021, c.25, effective Immediately..

New Jersey Statutes, Title: 40, MUNICIPALITIES AND COUNTIES

    Chapter 48: Ordinances; general purpose.

      Section: 40:48-1.2: Municipality may enact ordinance relative to consumption of alcoholic beverages, cannabis items, by underaged persons.

          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 or a cannabis item, other than by smoking, vaping, or aerosolizing, on private property.

(1) The ordinance shall provide that a violation involving alcoholic beverage activity shall, in the case of an adult under the legal age to purchase an alcoholic beverage, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.

(2) The ordinance shall provide that a violation involving cannabis activity, in the case of an adult under the legal age to purchase cannabis items, shall be punished as follows:

(a) If the cannabis item possessed is an amount which may be lawfully possessed by a person of the legal age to purchase cannabis items pursuant to section 46 of P.L.2021, c.16 (C.2C:35-10a): for a first offense, a civil penalty of $100; for a second offense, a civil penalty of $200; and for a third or subsequent offense, a fine of $350. The civil penalties provided for in this subparagraph shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. A penalty recovered under the provisions of this subparagraph shall be recovered by and in the name of the municipality.

(b) If the cannabis item possessed is an amount that exceeds what may be lawfully possessed by a person of the legal age to purchase cannabis items pursuant to section 46 of P.L.2021, c.16 (C.2C:35-10a), or if any cannabis item is consumed: for a first offense, a fine of $250; and for a second or subsequent offense, a fine of $350.

b. (Deleted by amendment, P.L.2019, c.276).

c. (1) No ordinance shall 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:

"Alcoholic beverage" includes powdered alcohol as defined by R.S.33:1-1.

"Guardian" means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

"Cannabis items" includes any item available for lawful consumption pursuant to the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.).

"Relative" means the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

d. An ordinance shall 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, and no ordinance shall prohibit possession of cannabis items by any such person while actually engaged in the performance of employment by a cannabis establishment, distributor, or delivery service as permitted pursuant to the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.); 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 or unlawful cannabis activity on or at premises licensed for the sale of alcoholic beverages or cannabis items.

L.2000, c.33, s.1; amended 2019, c.276, s.18; 2021, c.16, s.79.

This section added to the Rutgers Database: 2021-03-17 11:16:22.