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State v. Haarde

Decided As Amended April 11 1989.: February 16, 1989.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT HAARDE, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Sussex County.

Dreier and Havey. The opinion of the court was delivered by Havey, J.A.D.

Havey

Defendant was convicted in the Sparta Municipal Court and again in the Law Division after a trial de novo of serving alcoholic beverage to an underage person, in violation of N.J.S.A. 2C:33-17. The municipal court fined defendant $800 and imposed a $30 VCCB penalty. The Superior Court reduced the fine to $250.

On appeal, defendant contends that N.J.S.A. 2C:33-17 is intended to apply only to persons 21 years or older who serve or make available alcoholic beverages to underage persons. He also argues that the municipal court made errors in evidentiary rulings and that it misinterpreted N.J.S.A. 2C:33-17.

The evidence presented in the municipal court established that defendant, who was home from college for the Thanksgiving holiday, had a party at his parents' home in Sparta. Defendant was over 18 but under 21 years of age at the time. He

and a group of friends had purchased one or more half kegs of beer. During the course of the party over 150 youths attended. According to the State's witnesses, 60 to 75 percent of the attendees were under 21 years of age.

Ronald Reap, aged 17, testified that he paid $2 to defendant, with whom he had gone to high school, for the right to drink from the keg of beer. He also stated that he consumed the beer in defendant's presence. Reap attended the party with two of his friends who were 16 and 17-years old respectively. John Ruby, a 20-year old, testified that he was a friend of defendant and was collecting money on defendant's behalf from those present at the party, some of whom were underage. Ruby also drank beer from the keg during the course of the party. As a result of a neighbor's complaint, the police arrived at the party and charged the defendant with a violation of N.J.S.A. 2C:33-17.

We reject defendant's contention that N.J.S.A. 2C:33-17 is intended to apply only to persons 21 years or older. The statute provides in applicable part that:

[a]nyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage is a disorderly person.

Defendant's interpretation ignores the clear and unambiguous language of the statute, making " [a]nyone who purposely or knowingly offers or serves or makes available . . ." alcoholic beverages to an underage person guilty of the offense. [Emphasis added]. The statute does not limit prosecution to those persons who are 21 years of age or older. Where a statute is plain in its terms, there is no room for judicial construction, and our duty is to construe and apply the statute as enacted. In Re Jamesburg High School Closing, 83 N.J. 540, 548 (1980). A legislative mandate "should not be thwarted by us to achieve a result not contemplated by the Legislature." Howell Tp. v. Manasquan River Regional., 215 N.J. Super. 173, 181 (App.Div.1987); see also Magro v. City of Vineland, 148 N.J. Super. 34, 39 (App.Div.1977).

Moreover, the evident purpose of the statute is "to discourage drinking by persons under the legal age. . . by placing more responsibility on adults." Introduction Statement, Senate, Bill No. 2312, L.1985, c. 311 [emphasis added]. Defendant's construction of the statute would frustrate this legislative intent by permitting "adults" 18 to 21 years of age to serve underage persons with impunity. We cannot conceive that the Legislature intended to permit, for example, a 20-year old to serve alcoholic beverages to a 13-year old and escape prosecution. If the underlying purpose of the statute is to discourage drinking ...


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