33:1-81. Underage drinking and Misrepresenting age to induce
sale or delivery to minor; disorderly person. Our office represents people
charged with criminal and juvenile offenses. We provide representation
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The following is current criminal law plus amendments as of
April. 2004 on 33:1-81. Underage drinking and misrepresenting age to induce
sale or delivery to minor
33:1-81. It shall be unlawful for:
(a) A person under the legal age for purchasing alcoholic
beverages to enter any premises licensed for the retail sale of alcoholic
beverages for the purpose of purchasing, or having served or delivered to him
or her, any alcoholic beverage; or
(b) A person under the legal age for purchasing alcoholic
beverages to consume any alcoholic beverage on premises licensed for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or have
another purchase for him any alcoholic beverage; or
(c) Any person to misrepresent or misstate his age, or the
age of any other person for the purpose of inducing any licensee or any
employee of any licensee, to sell, serve or deliver any alcoholic beverage to a
person under the legal age for purchasing alcoholic beverages; or
(d) Any person to enter any premises licensed for the retail
sale of alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his age have
the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this
section shall be deemed and adjudged to be a disorderly person, and upon
conviction thereof, shall be punished by a fine of not less than $500.00. In
addition, the court shall suspend or postpone the person's license to operate a
motor vehicle for six months.
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 given the
age at the time of sentencing, the non-resident driving privilege 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.
In addition to the general penalties prescribed for an
offense, the court may require any person under the legal age to purchase alcoholic
beverages 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.
33:1-81.1. Hearing; attendance by parent or guardian;
subpoena In any hearing for a violation of section 33:1-81 of the Revised
Statutes the court in its discretion may require the attendance at such hearing
of a parent or guardian, if there be no parent, of the minor charged with such
violation if such parent or guardian is a resident of the State and may, in its
discretion, compel such attendance by subpoena.
33:1-81.1a. Violations by parent, guardian, notification,
fine A parent, guardian or other person having legal custody of a person under
18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979,
c.264 (C. 2C:33-15) shall be notified of the violation in writing. The parent,
guardian or other person having legal custody of a person under 18 years of age
shall be subject to a fine in the amount of $500.00 upon any subsequent
violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the
part of such person if it is shown that the parent, guardian or other person
having legal custody failed or neglected to exercise reasonable supervision or
control over the conduct of the person under 18 years of age.
CONCLUSION
If charged with any criminal offense, immediately schedule
an appointment with a criminal trial attorney. Don't rely on a real estate
attorney, public defender or a family member who took a law class in school.
When your life and job is on the line, hire the best attorney available.
