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===Municipal control===
===Municipal control===
New Jersey's laws give considerable authority to municipalities regarding licensing and regulating of businesses serving or selling alcohol (including hours of operation) and in coordinating this with town planning and local zoning ordinances. Many municipalities are "dry towns"--where no alcohol is served or sold.
New Jersey's laws give considerable authority to municipalities regarding licensing and regulating of businesses serving or selling alcohol (including hours of operation) and in coordinating this with town planning and local zoning ordinances.

Many municipalities are "dry towns"--where no alcohol is served or sold. For example, the seaside resort town of [[Ocean City, New Jersey]] has historically been dry since it was founded in 1879 by four Methodist clergymen and by local ordinance prohibits restaurant patrons from bringing their own wine, beer and liquor unlike other towns that permit "Bring your own bottle" or "BYOB" at unlicensed establishments.<ref>Peterson, Iver. [http://www.nytimes.com/2002/09/23/nyregion/dry-towns-find-that-temperance-and-business-do-not-mix.html "Dry Towns Find That Temperance and Business Do Not Mix"] in ''The New York Times'' (23 September 2002). Accessed 27 January 2013.</ref>


== Liquor licenses ==
== Liquor licenses ==

Revision as of 17:52, 27 January 2013

Location of New Jersey

The alcohol laws of New Jersey are some of the most complex in the United States of America, and contain many peculiarities not found in other states. New Jersey law gives municipalities substantial discretion in creating alcohol laws, such that there are towns in New Jersey which are dry and towns where alcohol may be sold 24 hours per day. Likewise, there is great deal of variance between municipalities regarding the number of liquor licenses available and whether juveniles may consume alcohol while on private property.

Controlling authority

Statewide statutes and enforcement

New Jersey's laws regarding alcohol are overseen by the Department of Law and Public Safety's Division of Alcoholic Beverage Control (ABC), which is managed by the state's Attorney-General.[1] As of 2013, the current director of this Alcohol Beverage Control division is Michael I. Halfacre. The 21st Amendment to the United States Constitution, which ended the Prohibition in 1933, permitted the states to regulate matters related to alcohol. New Jersey did so with the Alcoholic Beverage Control Law, which has been codified as "Title 33" of the New Jersey Statutes under the title "Intoxicating Liquors".[1]

Municipal control

New Jersey's laws give considerable authority to municipalities regarding licensing and regulating of businesses serving or selling alcohol (including hours of operation) and in coordinating this with town planning and local zoning ordinances.

Many municipalities are "dry towns"--where no alcohol is served or sold. For example, the seaside resort town of Ocean City, New Jersey has historically been dry since it was founded in 1879 by four Methodist clergymen and by local ordinance prohibits restaurant patrons from bringing their own wine, beer and liquor unlike other towns that permit "Bring your own bottle" or "BYOB" at unlicensed establishments.[2]

Liquor licenses

On-premises consumption licenses are allocated to towns based on population with one consumption license per 3,000 people, and one package goods license per 7,500 residents.[3] However, the actual number of licenses in a municipality may be more or less depending on whether the municipality's existing licenses were grandfathered in, or if the town decides to allocate fewer licenses. Because of the flexibility of the law, there are a handful of towns in New Jersey that completely prohibit the sale of alcoholic beverage, and other municipalities have a substantially higher ratio of licenses.[4][5] In addition to the on-premise consumption license and package goods license, there are an unlimited number of liquor licenses for golf courses, private clubs with at least 60 members, hotels with at least one-hundred rooms, and theatres with at least 1000 seats.[6]

Because of the limited number of licenses per town, liquor licenses usually have to be purchased from other license holders, and liquor licenses may be quite expensive to obtain in certain municipalities.[7] Additionally, any person or corporation can hold only two package goods licenses, and thus, supermarkets, convenience stores, and gas stations in New Jersey rarely sell alcoholic beverages.[8] The other effect of New Jersey's licensing system is a prevalence of BYOB restaurants, wherein diners can bring their own beer or wine to a restaurant without a liquor license, insofar as there is no municipal prohibition against it.[9][10] A restaurant in New Jersey without a liquor license can sell wine from a New Jersey winery with the permission of the winery and municipality.

Hours of operation and other licensing regulations

The hours of sale for on-premises consumption are regulated by local ordinance, and closing times vary by town.[11] Atlantic City does not have closing hours, and alcohol can be purchased at its casinos and local bars 24 hours per day.[12] However, state law provides that except in Newark and Jersey City, no hard liquor package goods may be sold before 9 am and after 10 pm any day of the week, and this can be restricted further through local ordinance. However, liquor stores are specifically given the right to sell package beer and wine at any time on-premises sales are allowed.

New Jersey regulations for liquor stores and bars are fairly strict. Besides prohibiting nudity and gambling in an establishment with liquor license, it is illegal to give away free drinks, sell liquor below cost, sell liquor at a drive-through window,[13] or have a 'ladies' night' or any pricing which is discriminatory.[14]

Alcohol production and distribution

See also: New Jersey wine and List of wineries, breweries, and distilleries in New Jersey

New Jersey currently has 46 wineries,[15] 26 breweries and brewpubs,[16] and 1 distillery.[17] Historically, New Jersey law restricted the number of wineries to one per million people in the state. In 1981, the New Jersey Farm Winery Act exempted low-volume family-owned wineries from the population restrictions, and allowed wineries to create outlet stores.[18] Likewise, New Jersey has a limited brewery license for microbreweries and a restricted brewery license for brewpubs.[19] Legislation has been proposed to allow for craft distilleries to be established in New Jersey.[20][21]

New Jersey prohibits breweries and distilleries from directly shipping beer or spirits to customers.[22] Until 2004, New Jersey permitted in-state wine shipments, but this was declared unconstitutional by the United States Supreme Court because it violated the interstate commerce clause.[23] In January 2012, the New Jersey Legislature passed a bill allowing wineries that produce less than 250,000 gallons of wine per year (includes all New Jersey wineries) to ship wine and sell wine at up to 15 outlet stores. The new law also allows out-of-state wineries that have an annual volume of less than 250,000 gallons to purchase an out-of-state wine license to ship wine and open outlet stores in New Jersey.[24][25] Although uncommon, it is legal for a liquor store to deliver alcoholic beverages to a person's home.[26]

A person must be 21 years of age in New Jersey to purchase alcoholic beverages, or consume alcoholic beverages in an establishment with a liquor license, or in an area of public accommodation (e.g., restaurant, campground).[27] A person can sell alcoholic beverages at age 18 if they work in a restaurant, bar, or liquor store.[28] There is no state law prohibiting consumption of alcohol by minors while on private property, but many municipalities prohibit underage consumption unless parents or adult relatives are present.[29]

Violation of the state underage drinking statute is a disorderly persons offense (misdemeanor), which can be punished by up to 6 months in jail, up to a $1000 fine, and suspension of a driver's license. Violation of a municipal underage drinking statutes is a non-criminal offense, which can be punished by fines up to $2000 and suspension of a driver's license, but usually results in just a fine without a court appearance being required.[30] There is a good samaritan defense to an underage drinking charge where if an underage drinker calls for medical help for another underage drinker who is ill, and cooperates with law enforcement and medical responders, neither may be prosecuted.[31] It is common for a state underage drinking charge to be downgraded to a municipal charge in order for the defendant to avoid a criminal record and a suspended license.

Drunk driving and DUI/DWI laws

See also: Drunk driving in the United States

Dramshop liability and social host liability

Bars and restaurants are considered strictly liable for their patrons behavior, and liquor licenses can be suspended or revoked if a customer engages in illegal activity (e.g., fighting, public urination) after drinking. New Jersey law recognizes both dramshop liability and social host liability, wherein the server of alcohol is responsible for injuries resulting from subsequent drunk driving or alcohol-related injuries. Although most alcohol-related lawsuits involve parties injured by drunk drivers, there have been cases in New Jersey where drunk drivers were able to successfully sue the establishment that served them.[32]

Open container and public consumption laws

It is illegal in New Jersey to have an open container of alcohol in the passenger portion of an automobile, but open bottles of alcohol may be transported in the trunk of a car, and consumption of alcohol on a bus, limousine, or boat is permitted.[33] There is no state law against public consumption of alcohol, but most municipalities have open container laws prohibiting or restricting public consumption. Public intoxication without accompanying disorderly behavior is not a crime, and New Jersey law prohibits municipalities from making ordinances against public intoxication.[34]

References

  1. ^ a b State of New Jersey - Division of Alcoholic Beverage Control: ABC Frequently Asked Questions (Question #1: What is The Division of Alcoholic Beverage Control?). Retrieved 26 January 2013.
  2. ^ Peterson, Iver. "Dry Towns Find That Temperance and Business Do Not Mix" in The New York Times (23 September 2002). Accessed 27 January 2013.
  3. ^ http://www.state.nj.us/lps/abc/faqs.html#13
  4. ^ http://en.wikipedia.org/wiki/List_of_dry_communities_by_U.S._state#New_Jersey
  5. ^ http://www.nytimes.com/2000/11/12/realestate/if-you-re-thinking-living-south-amboy-nj-blue-collar-town-making-comeback.html?pagewanted=2
  6. ^ http://www.nj.gov/oag/abc/downloads/abcmunicipalhandbook.pdf
  7. ^ http://articles.philly.com/2006-06-29/news/25402200_1_liquor-license-license-holder-single-license
  8. ^ http://law.justia.com/codes/new-jersey/2009/title-33/section-33-1/33-1-12-31/
  9. ^ http://online.wsj.com/article/SB10001424052748703581204576033934256064542.html
  10. ^ http://www.state.nj.us/lps/abc/faqs.html#4
  11. ^ http://www.state.nj.us/lps/abc/faqs.html#14
  12. ^ http://www.pressofatlanticcity.com/communities/lower_capemay/article_aaec244a-9a88-11df-885f-001cc4c03286.html
  13. ^ http://www.nj.gov/oag/abc/faqs.html#10
  14. ^ http://writ.news.findlaw.com/grossman/20040615.html
  15. ^ http://www.newjerseywines.com/wineries.html
  16. ^ http://newjerseycraftbeer.com/new-jersey-breweries/new-jersey-breweries/
  17. ^ http://njmonthly.com/articles/restaurants/jersey-lightning.html
  18. ^ http://www.nytimes.com/1988/09/18/nyregion/wine-makers-are-reporting-a-good-crop.html?pagewanted=all&src=pm
  19. ^ http://law.onecle.com/new-jersey/33-intoxicating-liquors/1-10.html
  20. ^ Matthew Rowley (June 30, 2011). "Rowley's whiskey forge: New Jersey craft distilling".
  21. ^ Tara Nurin (October 15, 2012). "Craft Distillers Ask State to Repeal Prohibition-Era Laws". New Jersey Spotlight.
  22. ^ http://www.state.nj.us/lps/abc/faqs.html#8
  23. ^ http://www.pressofatlanticcity.com/news/breaking/outcome-of-federal-court-case-could-sour-new-jersey-s/article_0b9e5672-30da-11e0-9680-001cc4c03286.html
  24. ^ http://www.njleg.state.nj.us/2010/Bills/S3500/3172_R1.PDF
  25. ^ http://www.nj.com/mercer/index.ssf/2012/05/new_jersey_wine_shipping_law_w.html
  26. ^ https://winelibrary.com/help
  27. ^ http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/33-15.html
  28. ^ http://www.state.nj.us/lps/abc/faqs.html#3
  29. ^ http://www.drugfreenj.org/2010_ppo_db/
  30. ^ http://sliwinski.lawoffice.com/MunicipalOrdinances.shtml
  31. ^ http://www.northjersey.com/news/69258612.html
  32. ^ http://www.nj.com/news/index.ssf/2011/06/convicted_drunk_river_has_righ.html
  33. ^ http://www.nj.gov/oag/abc/faqs.html#6
  34. ^ http://www.law.com/jsp/decision.jsp?id=1202499345023
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