Alcohol laws of New Jersey: Difference between revisions
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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.<ref>http://www.state.nj.us/lps/abc/faqs.html#13</ref> However, the actual number of licenses in a municipality may be more or less depending on whether the municipality's existing licenses were [[grandfather clause|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.<ref>http://en.wikipedia.org/wiki/List_of_dry_communities_by_U.S._state#New_Jersey</ref><ref>http://www.nytimes.com/2000/11/12/realestate/if-you-re-thinking-living-south-amboy-nj-blue-collar-town-making-comeback.html?pagewanted=2</ref> 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.<ref>http://www.nj.gov/oag/abc/downloads/abcmunicipalhandbook.pdf</ref> |
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.<ref>http://www.state.nj.us/lps/abc/faqs.html#13</ref> However, the actual number of licenses in a municipality may be more or less depending on whether the municipality's existing licenses were [[grandfather clause|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.<ref>http://en.wikipedia.org/wiki/List_of_dry_communities_by_U.S._state#New_Jersey</ref><ref>http://www.nytimes.com/2000/11/12/realestate/if-you-re-thinking-living-south-amboy-nj-blue-collar-town-making-comeback.html?pagewanted=2</ref> 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.<ref>http://www.nj.gov/oag/abc/downloads/abcmunicipalhandbook.pdf</ref> |
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===Class B wholesaler's licenses=== |
===Class B wholesaler's licenses=== |
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|1||Plenary wholesale license. ||*to sell and distribute alcoholic beverages to retailers and wholesalers in NJ<br />*to sell and distribute out of state<br />*to maintain a warehouse and salesroom||$8,750 |
|1||Plenary wholesale license. ||*to sell and distribute alcoholic beverages to retailers and wholesalers in NJ<br />*to sell and distribute out of state<br />*to maintain a warehouse and salesroom||$8,750 |
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<br />*to maintain a warehouse and salesroom||$3,750. |
<br />*to maintain a warehouse and salesroom||$3,750. |
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|2c||State beverage distributor's license.||to sell and distribute unchilled, brewed, malt alcoholic beverages in original containers only, in quantities of not less than 144 fluid ounces and chilled draught malt alcoholic beverages in kegs, barrels or other similar containers of at least one fluid gallon in capacity, to retailers<br />* to sell and distribute out of State <br />*to maintain a warehouse and salesroom||$1,031 |
|2c||State beverage distributor's license.||*to sell and distribute unchilled, brewed, malt alcoholic beverages in original containers only, in quantities of not less than 144 fluid ounces and chilled draught malt alcoholic beverages in kegs, barrels or other similar containers of at least one fluid gallon in capacity, to retailers<br />* to sell and distribute out of State <br />*to maintain a warehouse and salesroom||$1,031 |
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===Class C retailer's licenses=== |
===Class C retailer's licenses=== |
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===Class D transportation licenses=== |
===Class D transportation licenses=== |
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===Class E public warehouse licenses=== |
===Class E public warehouse licenses=== |
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== Hours of operation and other licensing regulations == |
== Hours of operation and other licensing regulations == |
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Revision as of 20:07, 27 January 2013
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][2] As of 2013[update], 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".[2][3][4]
New Jersey's statutes define an "alcoholic beverage" as "any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than one-half of one per centum (1/2 of 1%) by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices."[5]
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.
State law allows larger municipalities with populations of 15,000 or more to appoint a municipal alcoholic beverage control board of three persons with terms for three years.[6]
"Dry towns"
Some municipalities, particularly in South Jersey are dry towns, where no alcohol is served or sold. For example, the seaside resort town of Ocean City has historically been dry since it was founded in 1879 by four Methodist clergymen. Local ordinances in Ocean City prohibits restaurant patrons from bringing their own wine or beer, unlike other towns that permit "bring your own beverage" (BYOB) at unlicensed establishments.[7]
In recent years, several New Jersey municipalities have questioned whether they ought to remain "dry towns" or permit the sale of alcohol within town limits. Citing the need to attract new businesses and development to the town and increase the town's tax ratable base, municipal leaders frequently have placed this question before the voters in public referenda. As of 2008[update], only 38 municipalities in New Jersey remain "dry towns."[8]
Liquor licenses
New Jersey law recognizes five types or "classes" of licenses: Class A for manufacturers, Class B for wholesalers, Class C for retailers, Class D for transportation licenses, and Class E for public warehouses.[9]
Class A Manufacturer's licenses
| Number | Type of License | Activity permitted | Fee for license |
|---|---|---|---|
| 1a | Plenary Brewery License | * to brew any malt alcoholic beverage * to sell and distribute to wholesalers and retailers in the state * to sell and distribute out of state *to maintain a warehouse |
$10,625 |
| 1b | Limited Brewery License | * to brew any malt beverage, not in excess of 300,000 barrels (31-gallon barrels) per year | *$1,250 for up to 50,000 barrels *$2,500 for 50,000-100,000 barrels *$5,000 for 100,000-200,000 barrels *$7,500 for 200,000-300,000 barrels |
| 1c | Restrcted Brewery License | * to brew no more than 3,000 barrels per year * only for persons with a Plenary Retail Consumption License for an adjoining facility *entitled only to sell to adjoining restaurant premises |
$1,000 for each 1,000 barrels, $625 for each additional 1,000 barrels. |
| 2a | Plenary Winery License | *3 acres minimum required *to produce any fermented wines, blend, fortify or treat wines *to sell or distribute to wholesalers, or to churches for religious purposes within New Jersey *to sell and distribute outside the state *to maintain a warehouse *offer samples for sampling or promotional purposes * to sell at retail to consumers on the winery premises | |
| Farm Winery License | *to produce up to 50,000 gallons of wine per year * Requires that products contain minimum 51% of grapes or fruit grown in New Jersey *3 acres minimum required *to operate 15 off-premises sales rooms *right to sell direct to retailers to direct ship up to 12 cases per year to consumers in or out of state |
*$375 for 30,000-50,000 gallons per year *$250 for 2,500 to 30,000 gallons *$125 for 1,000-2,500 gallons *$63 for less than 1,000 gallons $100 fee for right to sell to retailers *$250 fee per offsite salesroom | |
| 2c | Wine Blending License | * to blend, treat, mix, or bottle wines * to sell or distribute to wholesalers or retailers * to maintain a warehouse |
$625 |
| 2d | Instructional Winemaking Facility License | * to instruct consumers in winemaking with the opportunity to participate directly in winemaking * to maintain a warehouse |
$1,000 |
| 2e | Out-of-State Winery License | * requires a valid winery license in another U.S. state * requires that winery no more than 250,000 gallons produced per year *right to sell and distribute in New Jersey * to operate up to 16 off-site salesrooms * right to ship up to 12 cases per year to consumers in or out of state *right to sell directly to New Jersey retailers |
$938 annual fee *$250 for each offsite salesroom to sell to retailers: $100 for up to 50,000 per year |
| 3a | Plenary Distillery License | * to manufacture distilled alcoholic beverages * to rectify, blent, treat, or mix distilled alcoholic beverages * to sell or distribute products *to maintain a warehouse |
$12,500 |
| 3b | Limited Distillery License | same as above for 3a | $3,750 |
| 3c | Supplementary Limited Distillery License | * to bottle and rebottle distilled alcoholic beverages | * $313 per year for up to 5,000 gallons $625 per year for 5,000-10,000 gallons $1,250 without capacity limit. |
| 4 | Rectifier and Blender License | * to rectify, blend, treat, mix; distilled alcoholic beverages * to fortify, blend, treat fermented alcoholic beverages |
$7,500 |
| 5 | Bonded Warehouse Bottling License | * to maintain a bonded warehouse pursuant to the Internal Revenue Code | $625 |
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.[10] 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.[11][12] 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.[13]
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.[14] 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.[15] 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.[16][17] 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.
Class B wholesaler's licenses
| Number | Type of License | Activity permitted | Fee for license |
|---|---|---|---|
| 1 | Plenary wholesale license. | *to sell and distribute alcoholic beverages to retailers and wholesalers in NJ *to sell and distribute out of state *to maintain a warehouse and salesroom |
$8,750 |
| 2a | Limited wholesale license. | * to sell and distribute brewed malt alcoholic beverages and naturally fermented wines to retailers and wholesalers in NJ *to sell and distribute out of state *to maintain a warehouse and salesroom |
$1,875 |
| 2b | Wine wholesale license | *to sell and distribute any naturally fermented, treated, blended, fortified and sparkling wines to retailers and wholesalers in the state *to sell and distribute out of state
| |
| 2c | State beverage distributor's license. | *to sell and distribute unchilled, brewed, malt alcoholic beverages in original containers only, in quantities of not less than 144 fluid ounces and chilled draught malt alcoholic beverages in kegs, barrels or other similar containers of at least one fluid gallon in capacity, to retailers * to sell and distribute out of State *to maintain a warehouse and salesroom |
$1,031 |
Class C retailer's licenses
| Number | Type of License | Activity permitted | Fee for license |
|---|---|---|---|
| 1 | Plenary Retail Consumption License | * to sell alcoholic beverages by glass, or open receptacle, by original containers. * premises cannot be a grocery, delicatessen, drug store or mercantile business * licensee permitted to hold tasting events and samplings * licensee can obtain up to two Restricted Brewery Licenses (1c) |
Fee set by municipality, $250-$2500 |
| 2 | Seasonal retail consumption license | * to sell alcoholic beverages from either 1 May to 14 November or from 15 November to 30 April | Fee set by municipality, 75% of the fees for a Plenary Retail Consumption License |
| 3a | Plenary retail distribution license | *to sell off the licensed premises but only in original containers * to conduct tasting and samplings. |
Fees set by municipality, $125-$2,500 |
| 3b | Limited retail distribution license. | *to sell any unchilled, brewed malt alcoholic beverage, only in original containers, as a grocery store, meat market, delicatessen, of food store | Fees set by muncipality, $31-$63 |
| 4 | Plenary Retail Transit License | * to sell any alcoholic beverage for consumption only on trains, airplanes, limousines and boats while in transit. | *$375 for train or air transport *$31 for vehicle for limousines *$63 for boats up to 65 feet in length *$125 for boats 65-110 feet in length *$375 on boats more than 110 feet in length. |
| 5 | Club License | * issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic, or similar purposes, and not for private gain * only for sale of alcoholic beverages to be consumed on premises to bona fide club members and their guests |
Fee set by municipality, $63-$188 |
Class D transportation licenses
| Number | Type of License | Activity permitted | Fee for license
|
|---|
Class E public warehouse licenses
| Number | Type of License | Activity permitted | Fee for license
|
|---|
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.[18] Atlantic City does not have closing hours, and alcohol can be purchased at its casinos and local bars 24 hours per day.[19] 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,[20] or have a 'ladies' night' or any pricing which is discriminatory.[21]
Alcohol production and distribution
New Jersey currently has 46 wineries,[22] 26 breweries and brewpubs,[23] and 1 distillery.[24] 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.[25] Likewise, New Jersey has a limited brewery license for microbreweries and a restricted brewery license for brewpubs.[26] Legislation has been proposed to allow for craft distilleries to be established in New Jersey.[27][28]
New Jersey prohibits breweries and distilleries from directly shipping beer or spirits to customers.[29] 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.[30] 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.[31][32] Although uncommon, it is legal for a liquor store to deliver alcoholic beverages to a person's home.[33]
Alcohol-related legal issues
Legal drinking age and underage drinking
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).[34] A person can sell alcoholic beverages at age 18 if they work in a restaurant, bar, or liquor store.[35] 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.[36]
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.[37] 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.[38] 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
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.[39]
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.[40] 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.[41]
See also
References
- ^ N.J.S.A. 33:1-3.
- ^ 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.
- ^ New Jersey Legislature: New Jersey Permanent Statutes Database Title 33: Intoxicating Liquors. Retrieved 27 January 2013.
- ^ New Jersey Statutes - Title 33 Intoxicating Liquors from onecle.com. Retrieved 27 January 2013.
- ^ N.J.S.A. 33:1-1(b).
- ^ N.J.S.A. 33:1-5.
- ^ Peterson, Iver. "Dry Towns Find That Temperance and Business Do Not Mix" in The New York Times (23 September 2002). Accessed 27 January 2013.
- ^ Kitchin, Jessica. "Drying Out" in New Jersey Monthly (19 February 2008). Retrieved 27 January 2013.
- ^ N.J.S.A. 33:1-9.
- ^ http://www.state.nj.us/lps/abc/faqs.html#13
- ^ http://en.wikipedia.org/wiki/List_of_dry_communities_by_U.S._state#New_Jersey
- ^ http://www.nytimes.com/2000/11/12/realestate/if-you-re-thinking-living-south-amboy-nj-blue-collar-town-making-comeback.html?pagewanted=2
- ^ http://www.nj.gov/oag/abc/downloads/abcmunicipalhandbook.pdf
- ^ http://articles.philly.com/2006-06-29/news/25402200_1_liquor-license-license-holder-single-license
- ^ http://law.justia.com/codes/new-jersey/2009/title-33/section-33-1/33-1-12-31/
- ^ http://online.wsj.com/article/SB10001424052748703581204576033934256064542.html
- ^ http://www.state.nj.us/lps/abc/faqs.html#4
- ^ http://www.state.nj.us/lps/abc/faqs.html#14
- ^ http://www.pressofatlanticcity.com/communities/lower_capemay/article_aaec244a-9a88-11df-885f-001cc4c03286.html
- ^ http://www.nj.gov/oag/abc/faqs.html#10
- ^ http://writ.news.findlaw.com/grossman/20040615.html
- ^ http://www.newjerseywines.com/wineries.html
- ^ http://newjerseycraftbeer.com/new-jersey-breweries/new-jersey-breweries/
- ^ http://njmonthly.com/articles/restaurants/jersey-lightning.html
- ^ http://www.nytimes.com/1988/09/18/nyregion/wine-makers-are-reporting-a-good-crop.html?pagewanted=all&src=pm
- ^ http://law.onecle.com/new-jersey/33-intoxicating-liquors/1-10.html
- ^ Matthew Rowley (June 30, 2011). "Rowley's whiskey forge: New Jersey craft distilling".
- ^ Tara Nurin (October 15, 2012). "Craft Distillers Ask State to Repeal Prohibition-Era Laws". New Jersey Spotlight.
- ^ http://www.state.nj.us/lps/abc/faqs.html#8
- ^ http://www.pressofatlanticcity.com/news/breaking/outcome-of-federal-court-case-could-sour-new-jersey-s/article_0b9e5672-30da-11e0-9680-001cc4c03286.html
- ^ http://www.njleg.state.nj.us/2010/Bills/S3500/3172_R1.PDF
- ^ http://www.nj.com/mercer/index.ssf/2012/05/new_jersey_wine_shipping_law_w.html
- ^ https://winelibrary.com/help
- ^ http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/33-15.html
- ^ http://www.state.nj.us/lps/abc/faqs.html#3
- ^ http://www.drugfreenj.org/2010_ppo_db/
- ^ http://sliwinski.lawoffice.com/MunicipalOrdinances.shtml
- ^ http://www.northjersey.com/news/69258612.html
- ^ http://www.nj.com/news/index.ssf/2011/06/convicted_drunk_river_has_righ.html
- ^ http://www.nj.gov/oag/abc/faqs.html#6
- ^ http://www.law.com/jsp/decision.jsp?id=1202499345023