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Alcohol laws of New Jersey. The location of New Jersey within the United States.
The state laws governing alcoholic beverages in New Jersey are among the most complex in the United States, with many peculiarities not found in other states' laws. They provide for 2. General authority for the statutory and regulatory control of alcoholic beverages rests with the state government, particularly the Division of Alcoholic Beverage Control overseen by the state's Attorney General. Under home rule, New Jersey law grants individual municipalities substantial discretion in passing ordinances regulating the sale and consumption of alcoholic beverages within their limits. The number of retail licenses available is determined by a municipality's population, and may be further limited by the town's governing body.
As a result, the availability of alcohol and regulations governing it vary significantly from town to town. A small percentage of municipalities in the state are "dry towns" that do not allow alcoholic beverages to be sold, and do not issue retail licenses for bars or restaurants to serve alcohol to patrons. Other towns permit alcohol sales 2. Retail licenses tend to be difficult to obtain, and when available are subject to exorbitant prices and fervent competition.
In addition to granting local governments wide latitude over liquor sales, New Jersey law has some other unusual features. Corporations are limited to two retail distribution licenses, making it impractical for chain stores to sell alcoholic beverages; this restriction, in conjunction with municipal ordinances, severely limits supermarket and convenience store chains from selling beer as they do in many other states. State law treats drunk driving as a traffic offense rather than a crime, and permits individual municipalities to define the scope of underage drinking laws. History[edit]New Jersey's history of taverns and alcohol production dates to its early colonial period. Colonial winemakers received recognition by the Royal Society of Arts for producing high- quality wine,[1] and a local distillery owner was asked by George Washington for his recipe for "cyder spirits" (applejack).[2][3] Throughout the 1. European immigrants, specifically Germans and Italians, who presented a sizable market for alcoholic beverages and brought with them old world winemaking, brewing, and distilling techniques.[1][4] With the rise of the temperance movement culminating in Prohibition (1.
New Jersey's alcohol industry suffered; many breweries, wineries, and distilleries either closed or relocated to other states.[5] The legacy of Prohibition restricted and prevented the industry's recovery until the state legislature began loosening restrictions and repealing Prohibition- era laws starting in 1. New Jersey's alcohol industry is experiencing a renaissance, and recently enacted laws provide new opportunities for the state's wineries and breweries. Controlling authority[edit]Statewide statutes and enforcement[edit]New Jersey's laws and regulations 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.[6][7] The current director of the Alcohol Beverage Control division is Dave Rible. State and municipal laws, including those that regulate alcoholic beverages, apply in all territorial waters which includes inland rivers, lakes, and bays, and tidal waters up to three nautical miles from the New Jersey shoreline.[8][9]Starting in 1. New Jersey began issuing liquor licenses to tavern keepers.
Before federal Prohibition in 1. New Jersey was almost exclusively local, with wide variations among municipalities.[1. In 1. 93. 3, after the repeal of Prohibition, the states were again permitted to regulate alcoholic beverages.[1. Immediately upon the end of Prohibition in 1.
New Jersey instituted the Alcoholic Beverage Control Law,[7][1. Division of Alcoholic Beverage Control.[1. The law also established a three- tier alcohol distribution system whereby, with minor exceptions, alcohol manufacturers may only sell to wholesalers, who may only sell to retailers, who may only sell to customers.[1.
New Jersey's alcohol laws and regulations are codified in Title 3. New Jersey Statutes, and Title 1. Chapter 2 of the New Jersey Administrative Code respectively.[1. After New Jersey's current state constitution was adopted in 1. Department of Law and Public Safety under the New Jersey Attorney General's office.[1. The 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."[1. Municipal control[edit].
Ocean City was founded in 1. BYOB at restaurants. New Jersey has a strong tradition of municipal home rule.[2. Local municipalities thus have considerable authority in the licensing and regulating of alcohol- related businesses.
These powers include: [2. Class C licenses),limiting the hours of retail alcohol sales,prohibiting the retail sale of alcoholic beverages on Sunday,regulating the conduct of any retail establishment licensed to sell alcoholic beverages,regulating the nature and condition of the licensed premiseslimiting persons within the municipality to a single liquor license,limiting a license to cover only the specific licensed premises; andallowing municipalities with populations of 1. Retail licenses for consumption or distribution are allocated proportionally to a municipality's population.
Licenses permitting on- premises retail sale and consumption of alcoholic beverages (i. Distribution licenses are available at a ratio of one license per 7,5. Small towns with populations less than 1,0. Given the regulatory latitude allowed municipalities, the actual number of licenses extant in a municipality may more or less depend on a variety of factors, including: whether the municipality's existing licenses were grandfathered by predating the 1.
Because the law grants a municipality significant regulatory latitude, 3. Conversely, because of the grandfathering of licenses, several municipalities have a substantially higher ratio of licenses.
For instance, the resort town of Wildwood has a permanent population of 5,3. Other authorities[edit]Casinos in Atlantic City and federal enclaves (e. Division of Alcoholic Beverage Control or municipal alcoholic beverage control boards. The New Jersey Division of Gaming Enforcement and the New Jersey Casino Control Commission are responsible for the regulation of alcoholic beverages at casinos.[2. Per Article I, Section 8, Clause 1. United States Constitution, the federal government may "exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."[3. While some state laws do apply in federal enclaves, court decisions have exempted military bases and other federal lands from state and local alcohol laws.[3.
Liquor licenses and permits[edit]New Jersey law provides for 2. Class A for manufacturers, Class B for wholesalers, Class C for retailers, Class D for transportation licenses, and Class E for public warehouses.[3. State law allows the Division of Alcoholic Beverage Control to create temporary permits "to provide for contingencies where it would be appropriate and consonant with the spirit of this chapter to issue a license, but the contingency has not been expressly provided for."[3. Special permits are allowed to range in price from $1.