Alcohol laws of New Jersey From Wikipedia, the free encyclopedia

The location of New Jersey within the United States. The state laws governing alcoholic beverages in New Jersey are unique; they are among the most complex in the United States, with many peculiarities not found i n other states' laws. They provide for 29 distinct liquor licenses granted to ma nufacturers, wholesalers, retailers, and for the public warehousing and transpor t of alcoholic beverages. General authority for the statutory and regulatory con trol of alcoholic beverages rests with the state government, particularly the Di vision of Alcoholic Beverage Control overseen by the state's Attorney General. Under home rule, New Jersey law grants individual municipalities substantial dis cretion in passing ordinances regulating the sale and consumption of alcoholic b everages within their limits. The number of retail licenses available is determi ned by a municipality's population, and may be further limited by the town's gov erning 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, liquor stores, or for restaurants to ser ve alcohol to patrons. Other towns permit alcohol sales 24 hours a day. Retail l icenses tend to be difficult to obtain, and when available are subject to exorbi tant prices and fervent competition. New Jersey's history of taverns and alcohol production dates to its early coloni al 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 G eorge Washington for his recipe for "cyder spirits."[2][3] Throughout the ninete enth and early twentieth centuries, the industry developed with the influx of Eu ropean immigrants, specifically Germans and Italians, who presented a sizable ma rket for alcoholic beverages and brought with them old world winemaking, brewing , and distilling techniques.[1][4] With the rise of the temperance movement culm inating in Prohibition (1919 1933), New Jersey's alcohol industry suffered; many b reweries, wineries and distilleries either closed or relocated to other states.[ 5] The legacy of Prohibition restricted and prevented the industry's recovery un til the state legislature began loosening restrictions and repealing Prohibition -era laws starting in 1981. New Jersey's alcohol industry is experiencing a rena issance, and recently enacted laws that provide new opportunities for the state' s wineries and breweries. Contents [hide] 1 Controlling authority 1.1 Statewide statutes and enforcement 1.2 Municipal control 1.3 Other authorities 2 Liquor licenses and permits 2.1 Class A manufacturer's licenses 2.2 Class B wholesaler's licenses 2.3 Class C retailer's licenses 2.4 Class D transportation licenses 2.5 Class E public warehouse licenses 2.6 Special permits 3 Municipal issues 3.1 Availability of retail liquor licenses 3.2 Dry towns 3.3 Hours of operation and other licensing regulations 3.4 BYOB: bring your own bottle 4 Alcohol production and distribution 4.1 Wineries 4.2 Breweries

4.3 Distilleries 4.4 Direct shipping to consumers 5 Legal drinking age 5.1 Underage drinking laws 5.2 Penalties for underage drinking 5.3 History of New Jersey's drinking age 6 Drunk driving 6.1 DUI laws 6.2 Penalties for DUI 6.3 History of New Jersey's drunk driving laws 7 Other alcohol-related legal issues 7.1 Open container and public consumption laws 7.2 Purchasing and home production restrictions 7.3 Dram shop liability and social host liability 7.4 Intoxication defense, diversion, and treatment 8 Areas outside state ABC jurisdiction 8.1 Casinos 8.2 Federal lands 9 See also 10 References 11 External links [edit]Controlling authority [edit]Statewide statutes and enforcement New Jersey's laws and regulations regarding alcohol are overseen by the Departme nt of Law and Public Safety's Division of Alcoholic Beverage Control (ABC), whic h is managed by the state's Attorney-General.[6][7] The current director of the Alcohol Beverage Control division is Michael I. Halfacre. Starting in 1738, towns in New Jersey began issuing liquor licenses to tavern ke epers. Before federal Prohibition in 1919, despite many state liquor statutes, t he regulation of alcoholic beverages in New Jersey was almost exclusively local, with wide variations among municipalities.[8][9] In 1933, after the repeal of P rohibition, the states were again permitted to regulate alcoholic beverages.[10] [11] Immediately upon the end of Prohibition in 1933, New Jersey instituted the Alcoholic Beverage Control Law,[7][12] which established and granted rulemaking powers to the Division of Alcoholic Beverage Control.[9][13] The law also establ ished a three-tier alcohol distribution system whereby, with minor exceptions, a lcohol manufacturers may only sell to wholesalers, who may only sell to retailer s, who may only sell to customers.[14] New Jersey's alcohol laws and regulations are codified in Title 33 of the New Je rsey Statutes, and Title 13, Chapter 2 of the New Jersey Administrative Code res pectively.[15][16] After New Jersey's current state constitution was adopted in 1947 and some departments were consolidated, the department was incorporated int o the Department of Law and Public Safety under the New Jersey Attorney General' s office.[13] The statutes define an alcoholic beverage as "any fluid or solid c apable of being converted into a fluid, suitable for human consumption, and havi ng an alcohol content of more than one-half of one per centum (1/2 of 1%) by vol ume, 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."[17] [edit]Municipal control Ocean City was founded in 1879 as a dry town. Ocean City has never issued a liqu or license, forbids the sale of alcohol, and prohibits BYOB at restaurants. New Jersey has a strong tradition of municipal home rule.[18] Local municipaliti es thus have considerable authority in the licensing and regulating of alcohol-r elated businesses. These powers include:[19] limiting the number of licenses to sell alcoholic beverages at retail (Class C l

icenses), 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 be verages, regulating the nature and condition of the licensed premises limiting persons within the municipality to a single liquor license, limiting a license to cover only the specific licensed premises; and allowing municipalities with populations of 15,000 or more to appoint a municipa l alcoholic beverage control board of three persons with terms for three years.[ 20] Retail licenses for consumption or distribution are allocated proportionally to a municipality's population. Licenses permitting on-premises retail sale and con sumption of alcoholic beverages (i.e. bars and restaurants) are allocated at a r atio of one license for 3,000 residents. Distribution licenses are available at a ratio of one license per 7,500 residents.[21] Small towns with populations les s than 1,000 can issue at least one consumption and one distribution license.[22 ] Given the regulatory latitude allowed municipalities, the actual number of lic enses 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 1948 imposition of statutory limits on the number of retail licenses per town,[ 23] whether the town has decided to offer fewer licenses, and whether the municipality has decided by ordinance or referendum to become dry, a nd prohibit the sale of alcoholic beverages within its limits. Because the law grants a municipality significant regulatory latitude, 37 of the state's 565 municipalities are currently dry.[24] Conversely, because of the gr andfathering of licenses, several municipalities have a substantially higher rat io of licenses. For instance, the resort town of Wildwood has a permanent popula tion of 5,300, but 61 active liquor licenses.[25] [edit]Other authorities Casinos in Atlantic City and federal enclaves (e.g. military bases, national par ks) are not under the jurisdiction of either the 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 responsib le for the regulation of alcoholic beverages at casinos.[26][27] Per Article I, Section 8, Clause 17 of the United States Constitution, the federal government m ay "exercise like authority over all places purchased by the consent of the legi slature of the state in which the same shall be, for the erection of forts, maga zines, arsenals, dockyards, and other needful buildings."[28] While some state l aws do apply in federal enclaves, court decisions have exempted military bases a nd other federal lands from state and local alcohol laws.[29][30] [edit]Liquor licenses and permits See also: Liquor license New Jersey law provides for 29 distinct liquor licenses divided into the followi ng five classes: Class A for manufacturers, Class B for wholesalers, Class C for retailers, Class D for transportation licenses, and Class E for public warehous es.[31] State law allows the Division of Alcoholic Beverage Control to create te mporary permits "to provide for contingencies where it would be appropriate and consonant with the spirit of this chapter to issue a license, but the contingenc y has not been expressly provided for."[32] Special permits are allowed to range in price from $10 to $2000, are limited to 25 days per year for a given premise s,[32] and currently there are 3 types of permits for non-licensees.[33][34] Exc luding seasonal licenses and special permits, ABC licenses are issued for one ye ar starting on July 1, and ending on June 30.[34] [edit]Class A manufacturer's licenses [show]Type of license[31] Activity permitted Fee for license (as of 2 013)

[edit]Class B wholesaler's licenses [show]Type of license[31] Activity 013) [edit]Class C retailer's licenses [show]Type of license[31] Activity 013) [edit]Class D transportation licenses [show]Type of license[31] Activity 013) [edit]Class E public warehouse licenses [show]Type of license[31] Activity 013) [edit]Special permits [show]Type of permit[32] Activity 13) [edit]Municipal issues

permitted permitted permitted permitted permitted

Fee for license (as of 2 Fee for license (as of 2 Fee for license (as of 2 Fee for license (as of 2 Fee for permit (as of 20

[edit]Availability of retail liquor licenses A sign lights up a liquor store in Wildwood, which has more than 60 active liquo r licenses. The number of Class C retail licenses for bars, restaurants, and liquor stores i s limited by population and often by municipal ordinances. Licenses are typicall y obtained from existing licensees who choose to sell, or when a new license is offered as a town's population grows. As a result, the price for a retail licens e is often prohibitively expensive. The sale of a new license is usually conduct ed by public auction. The intense competition can benefit a town by generating s everal hundred thousand dollars of revenue from the highest bidder. A 2006 licen se auction in Cherry Hill, New Jersey set the state record at $1.5 million.[35] Supermarkets, convenience stores, and gas stations in New Jersey rarely sell alc oholic beverages because state law prohibits any person or corporation from poss essing more than two retail distribution licenses.[36] While licenses for bars, restaurants and liquor stores are limited, other retail licenses are not. Class C licenses can be granted without limit for common carriers (such as limousines and boats), private clubs with a minimum of 60 members, hotels with at least one -hundred rooms, and theatres with at least 1,000 seats.[34] Special permits exist to allow for the sale of alcoholic beverages at golf cours es, government-owned facilities, and at social events run by non-profit organiza tions (for example, church carnivals).[34] A restaurant in New Jersey without a liquor license can sell wine from a New Jersey winery by becoming an offsite ret ail sales outlet of the winery.[37] Since the early 1990s, there have been a han dful of unsuccessful proposals to create a separate restaurant license allowing eating establishments to sell beer and wine. Such proposals have been strongly o pposed by current retail license holders who believe that it would decrease thei r income, and thus the value of their liquor license.[38] [edit]Dry towns Some municipalities, particularly in South Jersey, are dry towns where no alcoho l can be legally served or sold. Several are dry because of their origins as rel igious communities, usually associated with the Quaker, Methodist or other Prote stant denominations.[39] For example, the seaside resort town of Ocean City has been dry since it was founded in 1879 by four Methodist clergymen. Local ordinan ces in Ocean City prohibit restaurant patrons from bringing their own wine or be er, unlike other towns that permit "bring your own bottle" (BYOB) at unlicensed establishments.[39] In recent years, several have questioned whether they ought to remain dry.[39] D ry towns frequently have public referendums on whether they should remain dry or allow liquor sales in order to attract new businesses and increase property tax revenue. As of 2013, there are 37 dry municipalities in New Jersey.[24][40] [edit]Hours of operation and other licensing regulations

Atlantic City is one of the few municipalities in New Jersey that allow the sale of alcohol 24 hours per day. The hours of sale for on-premises consumption are regulated by local ordinance, and closing times vary by town.[41] Atlantic City does not have closing hours, a nd alcohol can be purchased at its casinos and local bars 24 hours a day.[42] Wi th the exception of Newark and Jersey City, the law forbids hard liquor packaged goods sales before 9 am and after 10 pm any day of the week. This can be restri cted further by local ordinance. Liquor stores may sell beer and wine during any hours that on-premises sales are allowed.[26] New Jersey regulations for liquor stores and bars are extensive. Licensed establ ishments may not offer nudity. It is illegal to sell liquor below cost, charge a flat fee for unlimited drinks (except for private parties and on New Year's Eve ), offer any promotion that is contingent on drinking a certain amount of alcoho l, allow patrons to remain after closing time, or sell liquor at a drive-through window.[26][43] Bars and clubs are prohibited from having a 'ladies' night' or any pricing which is regarded as discriminatory.[44] Police officers are prohibi ted from working for licensed businesses in the same town where they are employe d, and some municipalities require fingerprinting for all liquor store and bar e mployees.[26] Gambling and related paraphernalia, broadly defined by ABC to include claw and c rane machines, casino-themed video games, football pools, and door prizes, irres pective of whether any profit is being made by the business, are prohibited at l icensed establishments. The only exceptions are for those bars licensed by the s tate to sell lottery tickets or have off-track betting on horse racing. Charity bingo games or raffles are also allowed. Card games, darts, billiards and other games are permitted as long as no money is exchanged, and no prizes are given.[2 6] ABC regulations permit a bar owner or employee to give away a free drink as long as it is not advertised. Businesses may issue free or complimentary drink coupo ns (up to one per day per patron). Hotel and motel licensees may also give guest s complimentary bottles of wine on special occasions. Licensed establishments ar e permitted to institute dress codes, cover charges, and minimum age restriction s. Liquor stores are allowed to conduct tastings of beer, wine, and spirits. Bar s, restaurants, state concessionaires (e.g. PNC Bank Arts Center), and non-profi t organizations with a special permit can host both tastings and tasting dinners , the latter of which permits larger sample sizes.[26] [edit]BYOB: bring your own bottle Because some restaurants are unable or choose not to get a retail consumption li cense, the practice of "bring your own bottle" (BYOB) is prevalent in establishm ents statewide.[38] Patrons are permitted to bring their own beer or wine to a r estaurant that does not possess a liquor license, as there is no municipal prohi bition against it.[45] By law, a BYOB restaurant may not allow consumption of ha rd liquor or mixed drinks, nor may they allow consumption of beer or wine by tho se under 21, visibly intoxicated, or during hours in which the sale of these pro ducts is prohibited by licensees in that municipality (i.e. after closing time). [45][46] Establishments offering BYOB are not allowed to assess a cover charge, charge a corkage fee, or advertise that patrons may bring beer or wine.[47] A re staurant or other business with a retail consumption license may allow consumers to bring their own beer or wine, though many do not.[48] New Jersey law prohibits strip clubs and "sexually oriented business", where str ipteases and erotic dances are regularly performed, from offering both full nudi ty and alcohol sales.[49] Establishments that possess a retail license and serve alcohol can only offer partially clothed services such as go-go dancing (typica lly in bikinis or lingerie).[26][50] Clubs that are not licensed to serve alcoho l will work around the restriction by implementing a bring your own bottle (BYOB ) policy and operating as a "juice bar". Juice bars have the appointments of ful l bars but only serve non-alcoholic beverages such as water, fruit juice, and fl avored carbonated beverages. Such a bar could double as a service counter for th

e storage of BYOB material and offer ice and mixing services to create mixed dri nks using the customer-purchased ingredients. Recent court decisions have held t hat municipalities that allow BYOB policies for restaurants must allow the same practices for strip clubs.[51][52] [edit]Alcohol production and distribution See also: List of wineries, breweries, and distilleries in New Jersey Anheuser-Busch, located on Route 1 & 9 in Newark, is the largest and oldest of N ew Jersey's 26 active breweries. In 1981, the state legislature began to reform the laws that governed the produc tion of alcoholic beverages. With the passing of the New Jersey Farm Winery Act in 1981, and laws providing for licenses for brewpubs and microbreweries in the 1990s, these two industries have grown significantly and the number of wineries and breweries have steadily increased. In February 2013, New Jersey issued the f irst new distillery license since before Prohibition,[53] and legislation has be en proposed to make it easier to establish craft distilleries in New Jersey.[54] [55] As of 2013, New Jersey currently has 46 wineries, 26 breweries, and 2 disti lleries.[56][57][58][59] [edit]Wineries See also: New Jersey wine New Jersey winemaking dates to the colonial period. In 1767, two landowners, Edw ard Antill and William Alexander, Lord Stirling, were recognized by the Royal So ciety of Arts in London, which had challenged colonists in British North America to cultivate vinifera grapes and produce "those Sorts of Wines now consumed in Great Britain."[2] Shortly after, Antill wrote an 80-page instructional essay on grape cultivation and winemaking that was published in the Transactions of the American Philosophical Society.[60][61] While the cultivation of grapes and fruit trees supported a flourishing wine ind ustry in the late 19th and early 20th centuries, the effects of Prohibition and a legacy of restrictive laws after its repeal devastated the industry.[5] For 50 years, New Jersey was limited by law to one winery license for every 1,000,000 state residents, which by 1980 effectively allowed for only seven wineries. The growth of the state's winery industry has been bolstered by the 1981 New Jersey Farm Winery Act, which repealed many Prohibition-era laws and allowed many small growers to open new wineries.[62][63] As of 2013, New Jersey has 46 licensed and operating wineries with several more prospective wineries in various stages of development. These wineries are growin g Vitis vinifera, Vitis labrusca, or French hybrid wine grapes, and producing or selling over 40 types of wines. Many New Jersey wineries sell their products at festivals that are held annually around the state.[64] In 2010, 1.72 million ga llons (approximately 716,000 cases) of wine were produced by New Jersey wineries , making it the seventh-largest wine-producing state. A considerable portion of those are non-grape fruit wine, particularly apple, blueberry, raspberry, and cr anberry wines; fruits produced by many farms in the state.[65] The state's winer ies generate between $30 40 million of revenue annually.[66] New Jersey law treats hard cider as a type of wine because it is made from fermented fruits.[67] Alth ough there is currently no licensed hard cider production in New Jersey, cider c an be produced with a plenary or farm winery license, and several businesses hav e taken preliminary steps in establishing cider mills.[68] [edit]Breweries See also: Beer in New Jersey The C. Feigenspan Brewery in Newark, New Jersey, c.1890-1900. The first brewery in New Jersey was established in a fledgling Dutch settlement in what is now Hoboken when the state was part of the New Netherlands colony. It was soon destroyed by a band of Lenape in 1643 during Governor Kieft's War (164 3 1645).[69] Large German immigrant populations in Newark and Jersey City led to t

he establishment of a healthy brewing industry in the nineteenth and early twent ieth centuries.[70] Brewing beer became the fourth-largest industry in Newark,[7 1] and names like Kruger, Hensler, Feigenspan among the leading industrial famil ies in Newark.[72][73][74] Later, regional (and later national) brands Ballantine, and Rheingold, and Pabst , among others, operated large breweries in Newark and surrounding towns.[71] Wi th accusations of German propaganda and persecution of German-Americans during W orld War I, many of the state's brewers relocated to the Midwestern United State s[75] Prohibition closed many of the remaining breweries in the state. For insta nce, of Newark's 27 breweries before Prohibition, none exist today.[76] As the i ndustry reorganized and consolidated in the 1970s and 1980s to compete nationall y, the larger producers like Ballantine (in the 1960s) Rheingold (1977), and Pab st (1985) closed their doors.[71] Presently, the state is home to one large-production brewery, Anheuser-Busch in Newark, which opened in 1951 and is used for brewing Budweiser and Rolling Rock. New Jersey offers a limited brewery licenses for microbreweries and a restricte d brewery license for brewpubs that has allowed the industry to grow in recent y ears.[77] In 1995, the Ship Inn Restaurant and Brewery in Milford became the fir st brewpub in New Jersey. Since then the industry has expanded to 26 breweries, most of which are microbreweries or brewpubs.[71][78] In 2010, New Jersey craft brewers produced 32,000 barrels (992,000 gallons) of craft brew.[79] In 2012, Ne w Jersey liberalized its licensing laws to allow microbreweries to sell beer by the glass as part of a tour, and sell up to 15.5 gallons (i.e. a keg) for off-pr emises consumption. The same legislation permits brewpubs to brew up to 10,000 b arrels of beer per year, and sell to wholesalers and at festivals.[80][81] [edit]Distilleries See also: New Jersey distilled spirits New Jersey does not presently have any active distillery production facilities, although two are licensed and new producers are seeking licensing and regulatory approval. Several prospective distillers have cited the cost of the license ($1 2,500 per year) and the ambiguity of lower-level licenses as obstacles for openi ng businesses in the state. These craft distillers have pressured lawmakers to p ropose for legislation opening the way for craft distilleries to be established. [54][55] New Jersey has had a long distilling history dating to the colonial era when lar ge landowners converted surplus fruit into brandy, sugar into rum, and grain int o whiskey. Until recently, New Jersey had only one licensed distillery, Laird & Company in Scobeyville (Colts Neck). Founded by Robert Laird, it is the oldest l icensed distillery in the United States and received License No. 1 from the U.S. Department of the Treasury in 1780. George Washington, who was acquainted with the distillery's owner, once asked him for his recipe for "cyder spirits."[3] By 1834, New Jersey boasted 388 distilleries.[1][82] Today, Laird is the nation's only remaining producer of applejack. Presently non e of the company's distilling takes place in New Jersey. Laird's obtains all its apples from Virginia's Shenandoah Valley and distills its products in Virginia. Distilling at its New Jersey facilities ceased in 1972 and Laird's blends, ages and bottles its products in Scobeyville.[3] In February 2013, the state issued a distillery license to Jersey Artisan Distilling of Fairfield, which expects to produce rum within the year.[83][84] Another prospective distiller, Cooper Rive r Distillers in Camden is on the path to obtaining a license in the near future. [55] These will be the first distilleries to open in the state since the beginni ng of Prohibition in 1919.[55] [edit]Direct shipping to consumers See also: Wine shipping laws in the United States Before 2004, New Jersey permitted in-state wineries to directly ship products to in-state customers. The state did not allow out-of-state producers to ship to N ew Jersey residents or permit New Jersey wineries to ship to out-of-state custom ers. This practice was declared unconstitutional by the U.S. Supreme Court in 20 05 in a case from Michigan. New Jersey's statute was subsequently struck down by the Third Circuit Court of Appeals in 2010 because such limitations were held t

o violate the Interstate Commerce Clause of the U.S. Constitution.[85][86] On 17 January 2012, New Jersey Governor Chris Christie signed into law a bill th at legalized direct shipping from wineries to consumers, and permits New Jersey wineries to open as many as 15 offsite retail sales outlets in the state.[87][88 ] The law allows wineries that make less than 250,000 gallons of wine annually, which includes all of New Jersey's wineries, to ship up to 12 cases of wine to p er year to any person over 21 in New Jersey or any other state that allows wine shipments.[87][89] Because this prohibits 90% of wine made in the United States, but does not affect New Jersey's small wineries, proponents of the law fear tha t this section of the law will be struck down as unconstitutional.[87] The U.S. Court of Appeals for the First Circuit had struck down a similar limit in Massac husetts in 2008 in light of the United States Supreme Court decision addressing direct shipping laws a few years earlier.[90][91] Federal law prohibits alcoholic beverages from being shipped through the mail.[9 2][93] New Jersey effectively prohibits the shipment of beer and spirits to cust omers by requiring a liquor license to transport alcohol, but not having any cla ss of liquor license that grants permission to ship beer or spirits.[94] United Parcel Service (UPS) and Federal Express will ship wine to a person's home, but will only deliver beer or hard liquor to a licensed business.[95] Although uncom mon, it is legal for a liquor store to deliver alcoholic beverages by car or van to a person's home.[96] ABC regulations mandate that the alcoholic beverages be ing delivered are paid for in advance, that they are received by someone 21 or o lder, and that they take place when the licensed establishment is permitted to b e open.[26] [edit]Legal drinking age [edit]Underage drinking laws See also: Legal drinking age and Alcohol consumption by youth in the United Stat es Exceptions to New Jersey's Underage Drinking Laws Religious service minors can be served alcohol, and may possess and consume alco hol at a religious observance, ceremony or rite. Employment People 18 or older who own or work for a licensed establishment or BY OB restaurant can possess, sell, serve, and transport alcohol, and purchase alco hol from a manufacturer or wholesaler. They cannot consume alcohol or purchase a lcohol from a retailer (e.g. liquor store, bar). Private location (with adult relative) minors may be served alcohol, and may pos sess and consume alcohol when in a house, backyard, hotel room, private room at an unlicensed restaurant, or other area without public access, and in the presen ce of a relative who is at least 21. Private location (without adult relative) minors may possess and consume alcohol when in a house, backyard, hotel room, private room at an unlicensed restaurant , or other area without public access, and in a town without an ordinance prohib iting it (around 1/4 of municipalities). It is not legal to serve a minor or kno wingly allow a property to be used for underage drinking, but it is legal for th e person to consume alcohol. A person must be at least 21 years old in New Jersey to purchase alcoholic bever ages in a retail establishment, or to possess or consume alcoholic beverages in a public (for example, a park or school) or semi-public area (e.g. restaurant, a utomobile).[97][98] A person only needs to be 18 to own a liquor license, or to sell or serve alcohol (for example, a waiter or supermarket cashier).[99] State law also prohibits an underage person from misrepresenting their age in a licens ed establishment.[97] It is illegal to serve alcohol to anyone under 21, encourage an underage person to drink, knowingly allow underage drinking on property that one owns or leases, or possess alcoholic beverages on public school property without written consen t of the school board or school principal.[100][101] State law grants an exempti on for religious services, and for parents and guardians over 21 who serve alcoh ol to their own children in a private location (such as a private home).[100] New Jersey and all other U.S. states comport with the requirement of the Nationa

l Minimum Drinking Age Act of 1984, which sought to set a national standard of 2 1 as the minimum age for purchasing and publicly possessing alcoholic beverages. [102] To make states comply, Congress tied a state's failure to enact a drinking age at 21 to a punitive decrease in a state's apportionment of federal highway funding.[103] Federal law requires colleges and universities that accept federal financial aid institute policies to sanction students who violate underage drin king and other alcohol laws, and to track the number of liquor laws violations.[ 104] The Chronicle of Higher Education has reported that many colleges fail to c omply with these laws, and federal enforcement is minimal.[105] There is no state law prohibiting consumption of alcohol by minors while on priv ate property, but many municipalities prohibit underage consumption unless paren ts or adult relatives are present.[106][107] Public schools are not permitted to have "24/7" conduct policies which sanction students for alcohol consumption ou tside of school.[108][109] Minors are allowed to enter licensed establishments, and while state law does not prohibit bars and nightclubs from having events suc h as "teen nights," or "18 to party, 21 to drink," some municipalities impose re strictions.[26][110] It is legal for a person under 21 to be in a location where under underage drinking is occurring, and New Jersey does not have an "internal possession" statute criminalizing underage drinking after the fact.[111][112] [edit]Penalties for underage drinking The state underage drinking statute is a disorderly persons offense (misdemeanor ), which upon conviction is punishable by up to 6 months in jail (rarely imposed ),[113] a $500 $1000 fine, and a mandatory 6-month suspension of the person's driv er's license.[97][98] The penalties are the same for using fake identification.[ 97] Those who unlawfully serve alcohol to an underage person, entice an underage person to drink, knowingly permit underage drinking on their property, or bring alcohol onto a public school property face similar sanctions, except that their driver's license will not be suspended.[100][101] A licensed business which ser ves alcohol to a person under age 21, even unintentionally, may be fined or have their liquor license suspended or revoked.[26][114] Violation of a municipal underage drinking statutes is a non-criminal offense, w hich has a fine of $250 for the first offense, and $350 for subsequent offenses. [106] A person's driver's license can be suspended for a municipal underage drin king conviction, but usually it just results in a fine without a court appearanc e being required.[115] There is a "good samaritan" defense to an underage drinki ng charge - if an underage drinker calls for medical help for another underage d rinker who is ill, and cooperates with law enforcement and medical responders, n either may be prosecuted.[116] It is common for a state underage drinking charge to be downgraded to a municipal ordinance violation in order for the defendant to avoid a criminal record and a suspended license.[117] The statute of limitati ons for both state and municipal underage drinking charges is one year.[118][119 ] [edit]History of New Jersey's drinking age The first drinking age law in New Jersey was passed in 1846. It allowed the pare nts of a student under 21 to sue for up to $10 ($260 in modern dollars) in damag es against a tavern keeper or shopkeeper who supplied alcoholic beverages to the ir children.[120][121] In 1880, a criminal statute was enacted, fining businesse s that sold liquor to people under 18 if their parents had told the establishmen t not to sell to their child.[122] The law was amended in 1888 to eliminate the parental consent provision, thus making it illegal in all cases for a tavern or liquor store to sell alcohol to person under 18.[123] In 1908, the penalties wer e increased so that a tavern keeper who served a minor could be jailed.[124] Upo n the start of Prohibition, New Jersey repealed its laws regarding the sale of a lcohol to minors since the Eighteenth Amendment to the United States Constitutio n prohibited almost all liquor sales.[125][126] Upon repeal of Prohibition and the passage of the Alcoholic Beverage Control Law , the ABC issued regulations that prohibited bars and liquor stores from selling alcohol to a person under 21, which was considered the age of majority at that time.[127][128] In 1939, it became a criminal offense to sell alcohol to a perso n under 21, and for a person under 21 to purchase or consume alcohol in a licens

ed establishment.[127][129] The state criminalized the underage possession of al cohol in motor vehicles and other public areas in 1957, possibly in response to young New Jerseyans traveling to New York, where the drinking age was 18, and re turning home with liquor.[130][131] For many years laws against underage drinkin g and the serving of alcohol to minors did not apply on private property, though an adult who supplied a substantial amount of liquor to an underage person coul d possibly be prosecuted for contributing to the delinquency of a minor[132] Fur thermore, arrests and criminal prosecutions for underage drinking in bars or pub lic areas were very uncommon before the 1980s.[133] New Jersey's drinking age was lowered to 18 in 1973 as part of a broader legal c hange which reduced New Jersey's age of majority from 21 to 18.[134][135] Much o f the impetus for lowering the drinking age to 18 was to grant returning Vietnam veterans the right to purchase alcohol.[136] Possibly because of concerns about 18-year-old high school students being able to legally purchase liquor, and the n illegally consume it school,[137] the state raised the drinking age to 19 in 1 980.[138][139] Citing statistics that indicated an increase in car deaths among drivers under 21,[136] the drinking age was raised back to 21 in 1983.[139][140] At the same time, the penalties for underage drinking were increased to include a mandatory driver's license suspension.[140] In 1985, the state made it illega l for an adult to give alcohol to a person under 21, with exception for religiou s services and parents serving alcohol to their own children at home or in a pri vate area.[141][142] Historically, a few municipalities had ordinances against underage drinking on p rivate property, but a class action lawsuit in 1998 against the town of Avalon n ullified these laws.[143] In 2000, the New Jersey Legislature passed a bill crim inalizing underage consumption of alcoholic beverages on private property[144] N ew Jersey Governor Christine Whitman pocket vetoed the bill over privacy concern s: "While I completely support the intent of the bill, I am concerned that the b ill's prohibitions could be construed to apply to situations in which an underag e person consumes even a small amount of alcohol under the watchful eye of an ad ult family member."[145] Later that year, Whitman signed a revised bill that all owed municipalities to pass ordinance prohibiting underage drinking on private p roperty.[146] Besides giving municipalities a choice on whether to implement suc h a policy, the revised bill imposed substantially less penalties on underage dr inkers, and the new law made an exception for alcohol provided by any relative, not just a parent or guardian.[147] [edit]Drunk driving [edit]DUI laws See also: Drunk driving in the United States Like all other US states, New Jersey sets a 0.08 blood alcohol content (BAC) as the threshold for intoxication when operating a motor vehicle (e.g. automobile, boat). It is possible to be charged with driving under the influence (DUI) with a BAC level below 0.08, but there is a presumption in that situation that the dr iver is not intoxicated. State law prohibits those under 21 from driving if thei r BAC is 0.01 or more, prohibits the operation of a commercial vehicle with a BA C of 0.04 or more, and mandates that drivers submit a breath sample if requested by a police officer.[148][149] To be convicted of DUI in New Jersey, a person m ust be operating or attempting to operate a motorized vehicle; thus activities s uch as sleeping in a car while intoxicated or bicycling while drunk are not ille gal.[150][151] Drivers are not legally required to take field sobriety tests, although the resu lts are admissible in court.[152] The Alcotest has replaced the Breathalyzer as the standard device for determining blood alcohol level.[152] When a driver is a rrested for DUI, the police are prohibited from using force to obtain a breath, blood, or urine sample, and must warn the driver of the consequences of refusing a breath sample.[153][154] In 2010, the New Jersey Supreme Court overturned the breath sample refusal conviction of a non-English speaking driver, ruling that drivers must be notified of the law in a language that they understand.[155][156 ] A person can be charged with DUI or breath refusal up to 90 days after the inc

ident, except in cases of serious injury or death, in which case the statute of limitations is 5 years.[118][157] New Jersey is one of only two states (along with Wisconsin) that classify DUI as a traffic violation, and not a criminal offense, except in cases of serious inj ury or death.[158] Because it is not a criminal offense, those charged in New Je rsey with DUI and related offenses are not fingerprinted, do not have the right to a jury trial, DUI arrests and convictions are not submitted to the FBI's NCIC criminal database, and DUI arrests and convictions cannot be expunged.[154][159 ] Statutory criminal defenses (e.g. duress, entrapment) are not available for DU I,[160] and in State v. Hammond, the state Supreme Court upheld the conviction o f a person who drove after unknowingly having his drink spiked with alcohol.[161 ] Common-law criminal defenses are available in DUI cases, and a state appellate court reversed the conviction of a person who drove while intoxicated in order to escape assailants, citing the doctrine of necessity.[162] [edit]Penalties for DUI A poster from 1937 warning about the dangers of drunk driving. New Jersey instit uted its first DUI law in 1909. Penalties for DUI vary by level of intoxication and number of previous convictio ns. A first offense DUI with a BAC level of less than 0.10 faces a fine of $250 to $400, an automobile insurance surcharge of $1000 per year for 3 years, 12 hou rs of alcohol education, a 3-month license, and imprisonment for up to 30 days ( rarely imposed).[152] If the driver's BAC level is 0.10 or greater, the fine inc reases to $300 to $500, and the license suspension increase to 7 to 12 months. I f the driver's BAC level is 0.15 or greater, the driver will be required to have an ignition interlock device installed in their car for 6 to 12 months after th ey have their license restored.[148] New Jersey does not have administrative lic ense revocation, and thus a suspected drunk driver's license is not suspended un til they are convicted.[163] A person under 21 who is convicted of driving with a BAC level of at least 0.01, but less than 0.08 will have their driver's license suspended for 1 to 3 months , be required to perform 15 30 hours of community service, and take part in an alc ohol education program. Penalties for refusal to submit a breath sample are the same as driving with a BAC over 0.15. The holder of a commercial driver's licens e (CDL) is subject to a one-year suspension of their CDL for the first offense, and a lifetime CDL suspension for repeat offenses if they drive a commercial veh icle with a BAC of 0.04 or greater, drive an automobile with a BAC of 0.08 or gr eater, or refuse to submit a breath sample.[149] More severe penalties may be im posed if the DUI took place within 1000 feet of a school, or if there was a juve nile in the vehicle.[148] DUI accidents resulting in serious injury or death are considered indictable crimes.[152] New Jersey prohibits plea bargaining in DUI cases unless the prosecutor believes there is insufficient evidence to prove the case, and New Jersey does not offer hardship (work) licenses for people convicted of DUI.[154] Because DUI is not a criminal offense in New Jersey, defendants are ineligible for pretrial interven tion (PTI) and other diversion programs.[164][165] A previous DUI conviction, in New Jersey or another state, cannot be used to disqualify a person from such pr ograms,[166] and those charged with an indictable offense stemming from drunk dr iving (e.g. cases involving serious injuries or eluding arrest) are eligible for PTI.[164][167] A person convicted of DUI is barred from recovering accident-rel ated damages from other drivers, but may be able to sue the business or person w ho served them alcoholic beverages.[168][169] For a second DUI conviction in a 10-year period, irrespective of BAC, there is a fine of $500 $1,000, 2 90 days imprisonment, a 2-year license suspension, an automo bile insurance surcharge of $1,000 a year for 3 years, and installation of an ig nition interlock device for 1 to 3 years after license restoration. A person who has 3 or more DUI convictions and a gap of less than 10 years since the last co nviction incurs a fine of $1,000, 6 months imprisonment, a 10-year license suspe nsion, an automobile insurance surcharge of $1,500 a year for 3 years, and insta

llation of an ignition interlock device for 1 to 3 years after license restorati on.[148] Jail sentences issued in New Jersey for DUI are often served through wo rk release programs (e.g. weekends in jail).[152] [edit]History of New Jersey's drunk driving laws New Jersey first established drunk driving laws in 1909, making it a disorderly persons offense (misdemeanor).[170][171] In 1921, DUI was converted to a traffic violation with a 1-year license suspension for the first violation, and a 5-yea r suspension for repeat violations.[172] Penalties were increased in 1926 to a 2 -year suspension, and a lifetime suspension and a mandatory 3 months in jail for repeat offenses.[173] In 1951, out of concerns regarding the evidence needed to prove "intoxication", the New Jersey Legislature amended the DUI statute to sta te that a driver with a BAC of 0.15 or greater was presumed to be intoxicated.[1 74][175] A driver with a BAC of 0.15 or greater could be acquitted if they could show that they were not physically intoxicated. Because of new ideas about the treatment of alcoholism, the lifetime suspension was downgraded to a 10-year suspension in 1952.[170][176] DUI prosecutions remai ned difficult in cases when drivers refused to take a Breathalyzer test, and so in 1966, the state authorized the suspension of a person's driver's license for refusing to submit a breath sample.[155][177] In 1977, the BAC limit was reduced to 0.10, but the law was modified to differentiate between the second and third offenses, with lesser penalties for first and second convictions.[174][178] In 1983, the state established a per se rule wherein a person over the limit was considered drunk in all cases (that is, not merely a presumption).[179] Nine ye ars later, the 0.01 BAC limit for drivers under 21 was instituted,[180] and in 2 003, the 0.10 BAC limit was reduced to 0.08 to comply with federal highway fundi ng requirements.[181] [edit]Other alcohol-related legal issues [edit]Open container and public consumption laws It is legal to consume alcohol beverages on New Jersey Transit trains and buses. It is illegal in New Jersey to have an open container of alcohol in the passenge r portion of a private automobile, but open bottles of alcohol may be transporte d in the trunk of a car, and consumption of alcohol on a bus, train, taxi, limou sine, or boat is permitted.[182][183] The penalty for having an open container o f alcohol in a car is $200 fine for the first offense, and a $250 fine or 10 day s of community service for repeat violations.[184] The state Motor Vehicle Commi ssion does not impose license points for open container convictions, but some au tomobile insurance companies impose a surcharge.[185] New Jersey's law on open c ontainers in motor vehicles is compliant with the Transportation Equity Act for the 21st Century (TEA-21), a federal act passed in 1998 which reduces the highwa y funding of states that do not prohibit open containers in passenger areas of a utomobiles.[186][187] New Jersey's state parks and forests prohibit the possession or consumption of a lcoholic beverages except at pre-approved events.[188] There is no state law aga inst public consumption of alcohol in other locations, but most municipalities h ave open container laws prohibiting or restricting public consumption. The fine for alcohol possession in a state park is $71, whereas municipal fines for publi c consumption violations can be as high as $2000, although they are generally mu ch lower.[115][189] Per the Alcoholism Treatment and Rehabilitation Act (ATRA), public intoxication without accompanying disorderly behavior is not a criminal o ffense,[190] and municipalities are prohibited from making ordinances against pu blic intoxication.[191][192] New Jersey law allows a police officer to take peop le found to be intoxicated in public to their residence or to a medical facility .[193] [edit]Purchasing and home production restrictions See also: Ban on caffeinated alcoholic beverages Unlike many other states, New Jersey imposes no restrictions on the types or qua ntities of alcoholic beverages that a person of legal age may purchase. Grain al

cohol, caffeinated alcoholic beverages, and absinthe can be legally sold, and st ate law imposes no limitations on the alcohol content of beer or wine.[194][195] New Jersey does not require kegs to be registered, and state ABC regulations pr ohibit municipal keg registration laws.[112][196] A resident can import any amou nt of alcohol into the state for personal use, but a $50 permit is required if m ore than 3 gallons of beer, 1 gallon of wine, or a half-gallon of spirits are be ing imported within a 24-hour period.[197][198] Any person who is 21 years or ol der may produce up to 200 gallons of beer or wine per year. No permit is require d, but any brewing or winemaking must take place at a private home or non-commer cial property, and any beer and wine produced cannot be sold.[199][200] It is a criminal offense to possess an unregistered still, or distill any amount of hard liquor.[201] [edit]Dram shop 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 illega l activity (e.g. fighting, public urination) after drinking.[202] New Jersey law recognizes both dram shop liability and social host liability, wherein the serv er of alcohol to visibly intoxicated persons or minors is liable if that person then causes death or injury to a third party in an alcohol-related automobile co llision or other accident.[203] In order to mitigate liability, the Division of Alcoholic Beverage Control (ABC) grants licensed establishments the right to exc lude any patron for any reason, but warns business against violating civil right s laws.[204] While the courts in New Jersey allow actions based on dram shop liability or soc ial host liability, they will instruct a jury to consider the intoxicated person 's negligence under the doctrine of comparative negligence.[205] Licensed establ ishments and social hosts may be liable for drunk driving accidents, assaults, f alls, and other injuries and property damage caused by a customer, but are not l iable for behavior which is unforeseeable (e.g. falling out of a tree),[206] nor are they liable if they only served food or non-alcoholic beverages to a drunk patron.[207][208] Dram shop and social host litigation may involve both compensa tory and punitive damages.[209][210] There is a 2-year statute of limitations fo r such lawsuits, but the time limit may be extended if the victim is a juvenile. [211] Social hosts are given more liability protection than licensed businesses in tha t a private person is generally only liable for the actions of guests over 21 if their blood alcohol content is above 0.15, and the lawsuit involves drunk drivi ng injuries.[212][213] As long as a guest is not underage, a social host has no liability for assaults, falls, and other non-DUI injuries.[210] Although most al cohol-related lawsuits involve parties injured by drunk drivers, there have been cases in New Jersey where drunk drivers were able to successfully sue the estab lishment that served them.[214] Recently, in Voss v. Tranquillino the New Jersey courts held that a drunk driver can sue a bar or restaurant under the "Dram Sho p Act" and prevail under the theory that: "[a] person who sustains personal injury or property damage as a result of the n egligent service of alcoholic beverages by a licensed alcoholic beverage server may recover damages from a licensed alcoholic beverage server if the server was negligent (i.e. served a visibly intoxicated person), the injury was proximately caused by the negligent service of alcoholic beverages, and the injury was a fo reseeable consequence of the negligent service."[169] The Stone Pony nightclub in Asbury Park filed for bankruptcy in 1991 because of a series of drunk driving lawsuits. In 1959, the New Jersey Supreme Court permitted a lawsuit against several tavern s that had served alcohol to an underage person, who then caused a fatal automob ile accident. The court stated that its decision was based on the fact that this conduct was already illegal under ABC regulations, stating that, "We are convin ced that recognition of the plaintiff's claim will afford a fairer measure of ju stice to innocent third parties whose injuries are brought about by the unlawful

and negligent sale of alcoholic beverages to minors and intoxicated persons."[2 15] New Jersey courts have expanded the dram shop doctrine to include social hos ts who serve alcoholic beverages to guests, and automobile owners who allow drun k drivers to operate their cars.[216][217] Because of complaints from bar owners about their inability to obtain liability insurance, the state passed legislation in 1987 to limit liability to cases wher e the server could have realistically known that the patron was underage or into xicated, and to limit lawsuits to types of injuries that are foreseeable. The ac t also instituted the legal standard of comparative negligence in these cases, w herein the monetary damages against a licensed establishment can be reduced if t here are others who are also negligent (e.g. the patron, other bars).[206][218] Additional legislation passed in 1987 substantially limited the liability of soc ial hosts for adult guests.[213] [edit]Intoxication defense, diversion, and treatment See also: Intoxication defense and Alcoholism New Jersey's criminal code prohibits voluntary intoxication from being used dire ctly as a defense to a crime,[219] though if a crime requires that the conduct w as committed intentionally, intoxication may prevent the person from having the necessary mens rea to be guilty.[220] For example, a person accused of killing a person during a fight while drunk may not be guilty of murder because New Jerse y law requires that the actor purposely or knowingly "causes death or serious bo dily injury resulting in death."[221] In such a case, an accused killer could be found guilty of manslaughter, which only requires reckless conduct, including a cts committed while intoxicated.[222][223] Involuntary and pathological intoxication are affirmative defenses to all crimin al offenses in New Jersey,[219] but are not defenses to regulatory law and traff ic law offenses that are considered strict liability violations (e.g. environmen tal regulations, DUI).[161] Involuntary intoxication relates to cases where some one did not know that they had consumed alcohol (e.g. a spiked drink). Pathologi cal intoxication is applicable where, for medical reasons, a person had an exagg erated response to alcohol.[224] To be used as a defense, the person being charg ed must show that "at the time of his conduct did not know the nature and qualit y of the act he was doing, or if he did know it, that he did not know what he wa s doing was wrong."[219] Contracts made with an intoxicated person may be voided by courts if "the defendant was so intoxicated" that he or she "could not reali ze and appreciate the nature and consequences of what defendant was doing."[225] In 1976, the New Jersey legislature passed the Alcoholism Treatment and Rehabili tation Act (ATRA), which declared that the public policy of New Jersey was that "alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages, but rather should be affor ded a continuum of treatment in order that they may lead normal lives as product ive members of society."[226][227] Since the implementation of ATRA, it has been the general policy of New Jersey to treat alcoholism as a disease.[190] Under A TRA, an intoxicated person arrested for a non-indictable criminal offense may be taken to a medical facility, instead of jail, and will be released as soon as t hey are sober, or at most 48 hours.[228] Likewise a person charged with a non-indictable criminal offense, including thos e being adjudicated in juvenile court,[229] may request alcohol treatment in lie u of criminal prosecution.[230] If a physician attests that the defendant is an alcoholic, the court may impose inpatient treatment for up to 30 days, outpatien t treatment for up to 60 days, or both. If the person successfully completes the treatment program, the criminal charges will be dismissed.[228] A person with a lcohol dependency who has been charged with an indictable crime may apply for "s pecial probation" (also known as drug court).[231][232] Those charged with sever e violent crimes (e.g. murder, kidnapping) are not eligible,[232] but people cha rged with offenses with mandatory sentences,[231] or who have extensive non-viol ent criminal records may be eligible.[233] If admitted to special probation, the defendant will be subject to 18 months to 5 years of intense probation and resi dential treatment as an alternative to prison.[232] An employer who terminates an employee for being an alcoholic is in violation of

the state's anti-discrimination laws unless they can show that person's conditi on affected their job performance or created a substantial safety risk.[234][235 ] No general hospitals may refuse a patient treatment for intoxication or alcoho lism,[236] and all individual and group health insurance plans which are regulat ed by the state of New Jersey are required to offer both inpatient and outpatien t treatment for alcoholism.[237][238] Under federal law, all group health insura nces plans for private companies with more than 50 employees must offer insuranc e coverage for alcoholism that is equal to their insurance coverage for other me dical conditions.[239] [edit]Areas outside state ABC jurisdiction [edit]Casinos In a 1976 referendum, New Jersey voters approved casino gambling in Atlantic Cit y.[240] Because of concerns about organized crime connections to gambling,[241] New Jersey enacted strict regulations that included licensing of all casino empl oyees and contractors, and a separation of powers between the Division of Gaming Enforcement (DGE) and the Casino Control Commission (CCC).[242][243] The Divisi on of Gaming Enforcement is part of the New Jersey Department of Law and Public Safety, and is responsible for investigating casino license applications, monito ring casino operations, and enforcing New Jersey's casino laws and regulations a s defined in Title 5, Chapter 12 of New Jersey's statutes,[244][245] and Title 1 3, Chapter 69I of New Jersey's Administrative Code.[27] The Casino Control Commi ssion is an independent agency in the state Treasury Department with both quasilegislative and quasi-judicial powers, and is responsible for creating casino re gulations, hearing appeals of DGE penalties, and make decisions on casino licens ing.[246] In light of such regulation and the uniqueness of casino gambling, New Jersey's twelve casinos are not under the jurisdiction of the Division of Alcoh olic Beverage Control (ABC) or Atlantic City's alcoholic beverage control board. [26][247] Each casino, and any vendors serving, selling or storing alcoholic beverages for a casino, is required to obtain a casino hotel alcoholic beverage (CHAB) licens e from the Division of Gaming Enforcement.[248] CHAB licenses must be renewed ev ery five years.[249] New Jersey's casino alcohol regulations are divided into fi ve different regions of activity: (a) the casino floor (includes simulcasting fa cilities); (b) the hotel (includes restaurants and meeting rooms); (c) package g oods; (d) room service; and (e) storage.[250] Alcohol sold or given away on the casino floor and in hotel areas must be in an open container for immediate consu mption, whereas alcohol sold in a package goods area must be sealed. Alcoholic b everages brought to a patron as a room service may be open or closed, whereas st orage areas must not be accessible to the public.[251] Although casinos are not under the jurisdiction of the ABC, many of the regulati ons for casinos and casino vendors are similar to those for ABC class C retailer licensees. Casinos may generally only purchase alcoholic beverages from license d wholesalers (i.e. ABC Class B licensees).[252] A casino may have a brewpub on site, but production is limited to 3,000 barrels of beer per year, and the beer may only be distributed in open containers on casino floor and in hotel areas of the casino.[253] Casinos may obtain a permit to have tastings, and tasting dinn ers.[254] Non-profit organizations may obtain a permit to have a social event at a casino where they charge for alcoholic beverages. Organizations are limited t o 12 casino social event permits per year, and a given casino may only host 25 s uch events per year.[255] Casinos are not allowed to serve alcohol to people who are under 21 or intoxicat ed,[256] are strictly liable for patron's behavior,[257] and are subject to dram shop lawsuits for injuries stemming from negligence in serving alcohol.[258][25 9] Casinos are permitted to give away "comp" drinks, and many do to reward and e ncourage gambling.[260][261] Except on New Year's Eve, a casino cannot sell an u nlimited amount of alcoholic beverages at a set price, nor may they require patr ons to purchase alcoholic beverages in order to access an event or service.[262] In 1983, because of difficulties in preventing underage drinking in casinos, th e legal age to gamble at a casino was raised to 21.[263][264] In Hakimoglu v. Tr

ump Taj Mahal Associates, a federal appeals court decided that casinos are not l egally responsible for gambling losses and debts incurred by intoxicated gambler s, but it is not clear if the decision applies if the intoxicated gambler is als o underage.[265] Because they serve alcoholic beverages, casino nightclubs are prohibited from of fering full nudity. In 2011, the Taj Mahal casino was granted permission to open a strip club featuring scantily clad dancers.[266] New Jersey's casinos initial ly had closing times like most ABC-licensed establishments, but were allowed to stay open 24 hours per day, 7 days a week starting in 1992 [267][268] It is lega l for a minor to go to a casino, insofar as they do not gamble, consume alcoholi c beverages in public areas of the casino, or remain on the gambling floor.[269] Because Atlantic City has ordinances prohibiting underage drinking on private p roperty, it is illegal for a person underage 21 to drink in a casino hotel room unless a family member is present.[270] [edit]Federal lands Sandy Hook is one of the only places in New Jersey where alcohol may be consumed on a beach without a permit. The applicability of state and municipal alcohol laws on federal lands is a comp lex and partially unresolved legal issue that depends on whether the federal pro perty is considered a federal enclave, what rights the state reserved when it gr anted the property to the federal government, and whether the law is criminal or civil. If the federal property is not an enclave, the federal government either has concurrent jurisdiction (shared authority with the state) or proprietary ju risdiction (only the rights of a landowner), and the state can enforce alcohol l aws.[271] If the federal property is an enclave, then the federal government has exclusive jurisdiction, unless the state reserved rights when it ceded the land to the fe deral government.[271] The Assimilative Crimes Act makes it a federal crime to v iolate a state law while at a federal enclave in that state. The Assimilative Cr imes Act only applies to criminal laws (not regulatory laws), and is not applica ble if the conduct is already regulated by federal law.[272] Under federal law, military facilities are required to adopt state traffic laws, but the base comma nder is permitted to institute additional traffic laws.[273] In New Jersey, older Department of Defense and Department of Interior properties such as Fort Dix and parts of Sandy Hook are federal enclaves, but most other f ederal properties are not enclaves.[274][275] Because New Jersey generally did n ot reserve any right to regulate federal enclaves, state liquor licensing rules and alcohol taxes cannot be enforced.[276] There is no universal policy regardin g the sale of alcoholic beverages on federal lands, but almost all military base s, and some national parks allow for alcohol concessions, both for on-premises o r off-premises consumption.[277] Unlike the state, federal agencies which allow alcohol sales do not have a syste m of liquor licenses or alcoholic beverage control boards, but instead simply aw ard contracts to business per federal procurement laws.[278][279] New Jersey doe s not consider municipal ordinances to be criminal offenses, and so open contain er laws cannot be enforced in federal enclaves under the Assimilative Crimes Act .[115] Public consumption of alcohol is allowed on federal lands, except when in an automobile,[280] or when the park superintendent has prohibited open contain ers in an area.[281] For example, it is legal to consume alcoholic beverages on the beach at Sandy Hook.[282] Because DUI in New Jersey is a non-criminal traffic violation, state DUI laws ar e not subject to the Assimilative Crimes Act.[283] Members of the Armed Forces c an be court martialed for drunk driving,[284] military bases can enforce New Jer sey traffic law on civilians,[273] and it is a misdemeanor under federal law to drive while intoxicated on land administered by the National Park Service, the D epartment of Veterans Affairs, or the Postal Service.[285][286] Federal DUI law differs from New Jersey law in that there are no mandatory minim um jail sentences, irrespective of the number of previous DUI convictions,[286]

and plea bargaining is allowed.[287] A federal DUI conviction will result in une xpungeable criminal record.[288] Federal courts cannot suspend a driver's licens e,[286][289] but may notify the New Jersey Motor Vehicle Commission of a DUI con viction.[290] In federal enclaves that are under the jurisdiction of other feder al departments (e.g. Fish and Wildlife Service), it is unclear if drunk driving could be prosecuted since the Assimilative Crimes Act is inapplicable, and there is no federal law defining DUI on those properties.[286][288] Under federal law, the drinking age for the Armed Forces is the same as the stat e or nation where the military base is located, or the drinking age of a state o r nation within 50 miles of the base.[291] Effectively, that restricts the purch ase of alcohol at New Jersey military bases to those over 21. Irrespective of st ate laws on underage consumption, the Army, Navy, Air Force, and Coast Guard pro hibit the consumption of alcohol by underage personnel when stationed in the Uni ted States. Marines under 21 are permitted to drink alcohol at U.S. bases on spe cial occasions.[292] Federal law states that national parks will have the same underage laws as the s tate that they are located in, and the Assimilative Crimes Act is applicable to New Jersey's underage drinking statute.[293][294] Thus, in a private location, s uch as a cabin in a federal enclave in New Jersey, a parent can serve alcohol to their child, and an underage person can possess and consume alcohol. Outside of these exceptions, underage drinking and serving alcohol to a minor are federal misdemeanors, punishable by a fine and up to 6 months in jail.[295] There is a 5 -year statute of limitations for DUI, underage drinking, and other alcohol viola tions that take place in federal enclaves.[296] [edit]See also Alcohol laws of the United States List of wineries, breweries, and distilleries in New Jersey New Jersey Farm Winery Act New Jersey Wine Industry Advisory Council [edit]References ^ a b c Westrich, Sal. New Jersey Wine: A Remarkable History. (Charleston, SC: T he History Press, 2012). ISBN 9781609491833. ^ a b McCormick, Richard P. "The Royal Society, The Grape and New Jersey" in Pro ceedings of the New Jersey Historical Society, Volume LXXXI, Number 2, (April 19 53); and later in Journal of the Royal Society of Arts (January 1962). ^ a b c Harrison, Karen Tina. "Jersey Lightning" in New Jersey Monthly 13 July 2 009. Retrieved 19 July 2012. ^ Pellegrino, Michael. Jersey Brew. (Wantage, NJ: Lake Neepaulin Publishing, 200 9). ISBN 9780976523314. ^ a b MacNeil, Karen. The Wine Bible. (New York: Workman Publishing Company, 200 1). ISBN 9781563054341. ^ N.J.S.A. 33:1-3. ^ a b New Jersey Division of Alcoholic Beverage Control. "ABC Frequently Asked Q uestions." (Question #1: What is The Division of Alcoholic Beverage Control?). R etrieved 26 January 2013. ^ Compiled Statutes of New Jersey, Vol. V. (Newark, NJ: Soney and Sage, 1911). 6 329-6332, showing hundreds of laws relating to alcoholic beverages passed betwee n 1877 and 1910. ^ a b Clark Crane Vogel. "The New Jersey State Department of Alcoholic Beverage Control" Newark L. Rev., Volume 5, Number 3 (1940). 243-245. ^ U.S. Constitution, Amendment XXI, Section 2. ^ 299 U.S. 59 (1936). ^ "Jersey Liquor Act Permits Bar Sale; Bill, Passed by Legislature, Is Expected to Be Signed by Moore on Monday." in The New York Times (30 November 1933). Retr ieved 14 February 2013. ^ a b New Jersey Division of Alcoholic Beverage Control. "History of the Divisio n." Retrieved 8 February 2013. ^ Shannon Mullen. "N.J. lawmakers try to shake up, stir liquor rules" in The Dai

ly Journal (18 April 2011). Retrieved 9 February 2013. ^ N.J.S.A. 33, known as "Intoxicating Liquors." ^ N.J.A.C. 13:2, known as "Division of Alcoholic Beverage Control." ^ N.J.S.A. 33:1-1(b). ^ Karcher, Alan. New Jersey's Multiple Municipal Madness. (New Brunswick, NJ: Ru tgers University Press, 1989). ISBN 9780813525662. ^ N.J.S.A. 33:1-40. ^ N.J.S.A. 33:1-5 ^ New Jersey Division of Alcoholic Beverage Control. "ABC Frequently Asked Quest ions." (Question #13: How many liquor stores and restaurants are allowed in each municipality?). Retrieved 26 January 2013. ^ N.J.S.A. 33:1-12.15. ^ Goldstein, Howard (liquor license broker). "State of liquor licenses in 2012" (professional website) (3 January 2013). Retrieved 8 February 2013. ^ a b "Trivia Quiz: Test knowledge of N.J." in The Courier-Post (7 January 2013) . Retrieved 27 January 2013. ^ Gilfillian, Trudy. "Wildwood considers beach bars among ways to increase reven ue" in The Press of Atlantic City (14 February 2012). Retrieved 5 March 2013. ^ a b c d e f g h i j k New Jersey Division of Alcoholic Beverage Control. "Alco holic Beverage Control Handbook for Retail Licensees." Retrieved 26 February 201 3. ^ a b N.J.A.C. 13:69I, known as "Casino Hotel Alcoholic Beverage Control." ^ U.S. Constitution, Article I, Section 8, Clause 17. ^ Collins v. Yosemite Park Co., 304 U.S. 518 (1938). ^ United States v. Mississippi Tax Comm'n, 421 U.S. 599 (1975). ^ a b c d e f N.J.S.A. 33:1-9 (for the enumeration of classes), 33:1-10 (for Cla ss A licenses), 33:1-11 (for Class B licenses), 33:1-12 (for Class C licenses), 33:1-13 (for Class D licenses), and 33:1-14 (for Class E licenses). ^ a b c N.J.S.A 33:1-74. ^ N.J.A.C. 13:2-5. ^ a b c d New Jersey Division of Alcoholic Beverage Control. "Alcoholic Beverage Control Handbook for Municipal Issuing Authorities." Retrieved 26 February 2013 . ^ Colimore, Edward. "Record for N.J. liquor license The Cherry Hill Mall paid $1 .5 million, the highest ever. In New Jersey, restrictive laws guarantee extravag ant prices." in The Philadelphia Inquirer (29 June 2006). Retrieved 29 January 2 013. ^ N.J.S.A. 33:1-12.31. ^ Lisa Coryell. "Winemakers say new law allowing direct sales is a win-win situa tion" in The Times of Trenton (28 January 2012). Retrieved 1 February 2013. ^ a b Fleisher, Lisa. "NJ BYOB gets check" in The Wall Street Journal (5 January 2011). Retrieved 29 January 2013. ^ a b c Peterson, Iver. "Dry Towns Find That Temperance and Business Do Not Mix" in The New York Times (23 September 2002). Retrieved 27 January 2013. ^ According to Peterson, Ivan (see note 14 above), the number of dry towns was 4 3 in 2002. In 2008, the number was 38. See: Kitchin, Jessica. "Drying Out" in Ne w Jersey Monthly (19 February 2008). Retrieved 27 January 2013. ^ New Jersey Division of Alcoholic Beverage Control. "ABC Frequently Asked Quest ions." (Question #14: What time must liquor sales stop?). Retrieved 26 January 2 013. ^ Gilfillian, Trudi. "Wildwood commission tables 24-hour bar ordinance" in The P ress of Atlantic City (29 July 2010). Retrieved 29 January 2013. ^ New Jersey Division of Alcoholic Beverage Control. "ABC Frequently Asked Quest ions." (Question #10: Does New Jersey allow the sale of alcohol at drive up wind ows?). Retrieved 26 January 2013. ^ Grossman, Joanna (law professor). "The End of Ladies' Night in New Jersey: A C ontroversial Ruling Deems the Practice Sex Discrimination Against Men" on FindLa w Writ website (15 June 2004). Retrieved 29 January 2013. ^ a b New Jersey Division of Alcoholic Beverage Control. "ABC Frequently Asked Q uestions." (Question #4: Are Non-Licensed restaurants permitted to allow custome

rs to bring their own alcoholic beverages (BYOB) for consumption with their meal s?). Retrieved 26 January 2013. ^ N.J.S.A. 2C:33-27. ^ N.J.S.A. 2C:33-27(a)(2). ^ "Dining Out" (Question: I live in New Jersey, can I legally bring a bottle of wine to a restaurant that has a liquor license?). Retrieved 1 February 2013. ^ N.J.S.A. 2C:34-6, 2C:34-7. ^ N.J.A.C. 13:2-23.6(a)(1) described broadly as "lewd and immoral activity." ^ Epstein, Sue. "Court rules Sayreville strip club allowed to practice BYOB poli cy" in The Star-Ledger (15 June 2011). Retrieved 1 February 2013. ^ Club 35, LLC v. Borough of Sayreville, 420 N.J.Super. 231, 20 A.3d 451 (App. D iv. 2011). ^ Young, Elise. "N.J. Closes Book on Prohibition, Gives Distiller License" in Bl oomberg Businessweek (7 February 2013). Retrieved 8 February 2013. ^ a b Rowley, Matthew. "New Jersey craft distilling" on Rowley's Whiskey Forge ( blog) (30 June 2011). Retrieved 29 January 2013. ^ a b c d Nurin, Tara. "Craft Distillers Ask State to Repeal Prohibition Era Law s" in New Jersey Spotlight (15 October 2012). Retrieved 29 January 2013. ^ Garden State Wine Growers Association. GSWGA Wineries. Retrieved 17 April2013. ^ New Jersey Craft Beer: "New Jersey Breweries & Brewpubs contact info, tours, t astings and more". Retrieved 17 April 2013. ^ New Jersey Division of Alcoholic Beverage Control. "New Jersey ABC list of win eries, breweries, and distilleries" (5 February 2013). Retrieved 17 April 2013. ^ New Jersey Division of Alcoholic Beverage Control. "New Jersey ABC license upd ate" (16 April 2013). Retrieved 17 April 2013. ^ Antill, Edward, "An Essay on the cultivation of the Vine, and the making and p reserving of Wine, suited to the different Climates in North-America" (published posthumously) in Transactions of the American Philosophical Society (1771). ^ Burt, Daniel S. The Chronology of American Literature: America's Literary Achi evements from the Colonial Era to Modern Times. (New York: Houghton Mifflin Harc ourt, 2004), 71. ISBN 9780618168217. ^ N.J. P.L.1981, c.280, which impacted N.J.S.A. 33:1-10 and 54:43-1 ^ Janson, Donald. "Wine makers are reporting a good crop". in The New York Times (18 September 1988). Retrieved 26 January 2013. ^ Garden State Wine Growers Association. "2013 Festivals". Retrieved 23 February 2013. ^ Hodgen, Donald A. (U.S. Department of Commerce). "U.S. Wine Industry 2011". Re trieved 25 January 2013. ^ Capuzzo, Jill. "Ready For Prime Time?" in New Jersey Monthly (13 February 2012 ). Retrieved 26 January 2013. ^ N.J.A.C. 18:3-1.2 ^ Campbell, Sean. "Businessman to Launch LV Hard Cider Farm" in Long Valley Patc h (13 February 2012). Retrieved 17 April 2013. ^ Pellegrino, Michael. "The history of beer in New Jersey" in Inside Jersey (pub lished by The Star Ledger) (5 May 2010). Retrieved 8 February 2010. ^ "Newark and Area Breweries" at Old Newark website. Retrieved 31 January 2013. ^ a b c d Holl, John. "Brewers Make a Comeback In a State They Once Left" in The New York Times (6 July 2004). ^ "The Joseph Hensler Brewing Company". Retrieved 29 January 2013 ^ Feigenspan: Behind the Scenes in a Great American Brewery (Newark, NJ: Christi an Feigenspan Brewing Co., 1939). ^ Bennett J. Fairmount Cemetery Part 2 at Newarkology website. Retrieved 31 Janu ary 2013. ^ United States Senate Committee on the Judiciary. Brewing and liquor interests and German propaganda Hearings before a subcommittee of the Committee on the Jud iciary, United States Senate, Sixty-fifth Congress, second and third sessions, p ursuant to S. res. 307, a resolution authorizing and directing the Committee on the judiciary to call for certain evidence and documents relating to charges mad e against the United States brewers' association and allied interests and to sub mit a report of their investigation to the Senate. (Washington, D.C.: Government

Printing Office, 1919). ^ Fortunato, John. "Beer Trails: Port 44 Brewery Exemplifies Newark s Revitalizati on" in The Antiquarian Weekly (13 October 2010). Retrieved 31 January 2013. ^ "Class A, 1b" and "class A, 1c" licenses, pursuant to N.J.S.A. 33:1-10. ^ Cerasaro, Ashley J. "Restaurant Review: The Ship Inn" in New Jersey Monthly (9 August 2009). ^ Nurin, Tara. Small Brewers Are Fermenting Hope for Passage of Brewery Law in N ew Jersey Spotlight (18 July 2012). Retrieved 31 January 2013. ^ N.J. P.L.2012, c.47. ^ La Gorce, Tammy. "New Rules Let More Beer Flow" in The New York Times (4 Janua ry 2013). Retrieved 5 February 2013. ^ Pinney, Thomas. A History of Wine in America: From the Beginnings to Prohibiti on. (Berkeley: University of California Press, 1989), 384. ISBN 9780520062245. ^ "N.J. issues first distillery license since end of Prohibition" in The Associa ted Press (7 February 2013). Retrieved 8 February 2013. ^ New Jersey Division of Alcoholic Beverage Control. "Fairfield Distillery Becom es First Since the End of Prohibition to Receive New Distiller s License from Divi sion of Alcoholic Beverage Control" (7 February 2013). Retrieved 26 February 201 3. ^ Procida, Lee. "Outcome of federal court case could sour New Jersey's wine indu stry" in The Press of Atlantic City (4 February 2011). Retrieved 29 January 2013 . ^ Granholm v. Heald, 544 U.S. 460 at 474, 489, 125 S.Ct. 1885, 161 L.Ed.2d 796 ( 2005) held that "straightforward attempts to discriminate in favor of local prod ucers" of alcoholic beverages by, for instance, "subjecting out-of-state [produc ers], but not local ones, to the three-tier system," are "contrary to the Commer ce Clause and ... not saved by the [states' authority to regulate alcoholic beve rages under] the Twenty-first Amendment." See also, Freeman v. Corzine, 629 F.3d 146, at 151, 162, (3rd Cir. 2010). ^ a b c "Free at Last: New Jersey Passes Direct Shipping Bill" in Wine Spectator (19 January 2012). Retrieved 31 January 2013. ^ Smith, Jessica. "No sour grapes for N.J. wineries: Law loosens regs, allows sh ipping" in News Transcipt (15 February 2012). Retrieved 1 February 2013. ^ Berkery, Patrick. "Direct wine shipping begins today in New Jersey" in Burling ton County Times (1 May 2012). Retrieved 2 February 2012. ^ Family Winemakers of California v. Jenkins, 592 F.3d 1 (1st Cir. 2010) (Docket No. 09-1169/1:2006cv11682); relying upon Granholm v. Heald, 544 U.S. 460, 125 S .Ct. 1885, 161 L.Ed.2d 796 (2005). ^ Taylor, Robert. "Winery Direct Shipping Coming to Massachusetts Residents" on Wine Spectator website (15 January 2010). Retrieved February 5, 2013. ^ 18 U.S.C. 1716(f) ^ Sanburn, Josh. "Why Can t the Post Office Ship Beer and Wine?" in Time (30 April 2012). Retrieved 7 February 2013. ^ N.J.S.A. 33:1-2 ^ Kaiser, Geoff. "UPS and FedEx Favor Wine and Reject Beer When It Comes to Busi nesses Shipping to Consumers" on Seattle Beer News website (8 March 2010). Retri eved 7 February 2013. ^ Wine Library. "Does Wine Library deliver in New Jersey by van, and if so what are the minimum requirements?" (commercial website). Retrieved 7 February 2013. ^ a b c d N.J.S.A. 33:1-81. ^ a b N.J.S.A. 2C:33-15. Besides N.J.S.A. 2C:33-15 and N.J.S.A. 33:1-81, N.J.S.A . 9:17B-1 and N.J.S.A. 40:48-1.2 also set 21 as the minimum drinking age with va rious exceptions. ^ New Jersey Division of Alcoholic Beverage Control. "ABC Frequently Asked Quest ions." (Question #3: How old must someone be to own a license or be employed by a licensee?). Retrieved 26 January 2013. ^ a b c N.J.S.A. 2C:33-17. ^ a b N.J.S.A. 2C:33-16. Besides N.J.S.A. 2C:33-16 and N.J.S.A 2C:33-17, N.J.S.A . 2C:33-27, N.J.S.A. 33:1-77, N.J.S.A. 33:1-81. N.J.A.C. 13:2-23.1, and N.J.A.C. 13:69I-5.8(c) also impose penalties, with various exceptions, for selling or se

rving alcohol to someone under 21. ^ 23 U.S.C. 158. ^ South Dakota v. Dole, 483 U.S. 203, 107 S.Ct. 2793, 97 L.Ed.2d 171 (1987), dee med this practice to be constitutional. ^ 20 U.S.C. 1011i. ^ Lipka, Sara. "Education Department's Report on Alcohol and Drugs May Prompt Cr ackdown" in The Chronicle of Higher Education (11 April 2012). Retrieved 17 Febr uary 2013. ^ a b N.J.S.A. 40:48-1.2. ^ Partnership for a Drug Free New Jersey. "PDFNJ Announces Private Property Ordi nance Results" (press release) (3 February 2010). Retrieved 29 January 2013. ^ G.D.M. v. Board of Education of the Ramapo Indian Hills Regional High School D istrict, 427 N.J. Super. 246 (2012). ^ Duhart, Bill. "24/7 School Policy Scrapped, but Lawsuits Remain" in Haddonfiel d-Haddon Township Patch (14 February 2013). Retrieved 23 April 2013. ^ Highlands Borough Ordinance O-08-13, a sample municipal ordinance banning "tee n nights" but permitting diners under 21 to eat at a restaurant with a liquor li cense. ^ "I got a ticket for underage drinking just because I was in the same room wher e others were drinking I was sober will I get fined" on Avvo (blog) (24 May 2011 ). Retrieved 7 February 2013. ^ a b Alcohol Policy Information System. "State Profile of Underage Drinking Law s: New Jersey." Retrieved 7 February 2013. ^ Lependorf Gabriel (Esq.) and David Silverstein (Esq.). "Dozens Arrested for Un derage Drinking in New Brunswick" (professional website) (12 December 2012). Ret rieved 7 February 2013. ^ N.J.S.A. 33:1-77, allows a licensed establishment to avoid penalties for servi ng an underage drinker if the person used fake identification, and "the appearan ce of the purchaser was such that an ordinary prudent person would believe him o r her to be of legal age to make the purchase." ^ a b c Sliwinski, Theodore (Esq.). "Municipal Ordinances (FAQ)" (professional w ebsite). Retrieved 29 January 2013. ^ Redmond, Kimberly. "911: Lifeline Legislation signed into law to save lives" i n Pascack Valley Community Life (5 November 2009) on northjersey.com (North Jers ey Media Group). Retrieved 29 January 2013. ^ Marshall, Jonathan F. (Esq.). "Underage Drinking Lawyers" (professional websit e). Retrieved 1 February 2013. ^ a b N.J.S.A. 2C:1-6. ^ Marshall, Jonathan F. (Esq.). "Municipal Ordinance Offenses" (professional web site). Retrieved 9 March 2013. ^ Staff. Consumer Price Index (estimate) 1800 2012. Federal Reserve Bank of Minnea polis. Retrieved March 31, 2013. ^ N.J. P.L.1846, R.S.590. ^ N.J. P.L.1880, p.176. ^ N.J. P.L.1888, p.253. ^ N.J. P.L.1908, p.376. ^ U.S. Constitution, Amendment XVIII, Section 1. ^ N.J. P.L.1912, c.338, superseded by 18th Amendment to U.S. Constitution ^ a b Cino v. Driscoll, 130 N.J.L. 535 (1943). ^ Soled, Alice A. "Effect of Reduction of the Age of Majority on the Permissible Period of the Rule Against Perpetuities." Md. L. Rev., Volume 34, Issue 2 (3 Oc tober 2012). 245-247. ^ N.J. P.L.1939, c.228 and N.J. P.L.1939, c.246 ^ "Liquor Curb Adopted; Jersey Acts to Bar Sales in New York to Minors" in The N ew York Times (30 April 1957). Retrieved 11 February 2013. ^ N.J. P.L.1957, c.203 ^ Doris Kulman. "It Could Happen Here: Parents Can Be Arrested for Serving Liquo r to Minors" in The Red Bank Register (25 September 1964). Retrieved 8 February 2010. ^ "Red Bank Register Newspaper Archives." Retrieved 18 February 2013. An extensi

ve review of the Red Bank Register, which has an online archive of all its newsp apers published from 1878 to 1991, found no reports of arrests in New Jersey for underage drinking before the 1980s. Likewise, a search of the Westlaw legal dat abase, which includes all the decisions from the New Jersey Supreme Court, New J ersey Appellate Division, and New Jersey Court of Errors and Appeals back to 183 0, found no cases before the 1980s directly involving N.J.S.A. 2C:33-15 (underag e drinking in a public area), N.J.S.A. 33:1-81 (underage drinking in a licensed establishment), or N.J.S.A. 2A:170-54.1 (predecessor statute to 2C:33-15). ^ N.J. P.L.1972, c.81 ^ Sullivan, Ronald. "Jersey Assembly Approves 18 as Age of Majority" in The New York Times (11 May 1971). Retrieved 11 February 2013. ^ a b "Drinking age upped in New Jersey" in The Beaver County Times (29 December 1982). Retrieved 8 February 2013. ^ Magyar, Mark. "Assembly Oks drinking age of 19" in The Red Bank Register (24 A ugust 1979). Retrieved 11 February 2013. ^ N.J. P.L.1979, c.260 to N.J. P.L.1979, c.265 ^ a b "Drinking Age of 21 Gains in Jersey" in The New York Times (11 June 1982). Retrieved 8 February 2013. ^ a b N.J. P.L.1983, c.574. ^ N.J. P.L.1985, c.311 ^ "Senate Oks penalties for underage drinkers" in The Red Bank Register (25 Janu ary 1985). Retrieved 11 February 2013. ^ Rosenberg, Amy S. "'Magic Bus' A Tragic Bust For Avalon In A Tentative $1.5 Mi llion Deal, The Borough Agrees To Repay Fines From Its 1996-98 Arrests Of Young Partyers" in The Philadelphia Inquirer (21 October 1999). Retrieved 17 February 2013. Avalon agreed to pay $1,500,000 in damages and expunge the convictions of 1670 people that had been arrested under a municipal ordinance that prohibited p eople under 21 from possessing alcohol, or "being in the presence of alcohol" ev en if they were not drinking. ^ N.J. Senate Bill No. 1617 (1999). ^ "Whitman vetos bill targeting teenage drinkers" in The Press of Atlantic City (19 January 2000). Retrieved 8 February 2013. ^ N.J. P.L.2000, c.33. ^ Kiely, Eugene. "N.J. Takes Aim Again At Young Drinkers. A 'Watered-Down' Versi on Of A Bill Aimed At Shore Renters Passed The Senate. Next Stop: The Assembly" in The Philadelphia Inquirer (28 March 2000). Retrieved 9 February 2013. ^ a b c d New Jersey Division of Highway Traffic Safety. "Driving While Intoxica ted: New Jersey Laws and Penalties" (pamphlet). Retrieved 29 January 2013. ^ a b Hernandez, Steven W. (Esq.). "Commercial Driver DWI" (professional website ). Retrieved 12 February 2013. ^ Howell, Tom, Jr. "A matter of Control Drunken Driving Cases can turn on 'Opera tion' of Car" originally published in The New Jersey Herald (no date given); rep ublished on New Jersey DWI Lawyer Greggory M. Marootian, Esq. (professional webs ite). Retrieved 29 January 2013. ^ State v. Machuzak, 227 N.J. Super. 279 (1988). ^ a b c d e Sliwinski, Theodore (Esq.). "New Jersey DWI Center: DWI FAQs" (profe ssional website). Retrieved 29 January 2013. ^ N.J.S.A. 39:4-50.2. ^ a b c Levow, Evan. (Esq.). "The DWI Report Magazine". (professional webite). R etrieved 29 January 2013. ^ a b State v. Marquez, 202 N.J. 485 (2010). ^ Bruno, Laura. "N.J. court lowers language barrier for DUI-test consent" in USA Today (12 July 2010). Retrieved 13 February 2013. ^ Matrafajlo, Dan T. "Statute of Limitations on Serious Traffic Offenses" (profe ssional website) (19 June 2012). Retrieved 9 March 2013. ^ National Conference of State Legislatures. "Criminal Status of State Drunk Dri ving Laws". Retrieved 29 January 2013. ^ Marain, Allan (Esq.). "Straight Answers to Thirty-four Frequently Asked Questi ons of Expungement Lawyers in New Jersey" (professional website). (Question #19: I was found guilty of driving while intoxicated. Your chart does not specify th

e waiting time before I can get that matter expunged.). Retrieved 29 January 201 3. ^ State v. Fogarty, 128 N.J. 59 (1992). ^ a b State v. Hammond, 118 N.J. 306 (1990). ^ State v. Romano, 355 N.J. Super. 21 (2002). ^ Insurance Institute for Highway Safety - Highway Loss Data Institute. DUI/DWI laws (January 2013). Retrieved 29 January 2013. ^ a b "If I accept PTI on a second degree eluding w/ DUI is it 100% mandatory th at I lose my license for 6 months from the eluding" on Avvo (blog) (24 January 2 013). Retrieved 10 February 2013. ^ New Jersey Judiciary. "Frequently Asked Questions." (What Is the Alcohol Treat ment Rehabilitation Act (ATRA)?). Retrieved 10 February 2013. ^ State v. McKeon, 897 A.2d 1127 (2006). ^ Wolf, Randolph H. (Esq.). "PTI Application Granted for Individual Charged With Assault by Auto" (professional website) (10 September 2012). Retrieved 10 Febru ary 2013. ^ N.J.S.A. 39:6A-4.5(b). ^ a b Voss v. Tranquilino, 413 N.J. Super. 82 (2010), (quoting N.J.S.A. 2A:22A-5 (a)), affirmed by 206 N.J. 92 (2011). The court acknowledged that a convicted dr unk driver is legally barred from having a "cause of action for recovery of econ omic or noneconomic loss sustained as a result of the accident" per N.J.S.A. 39: 6A-4.5(b). The court upheld the right of the drunk driver to sue in this case be cause there was no evidence that by enacting N.J.S.A. 39:6A-4.5(b), "the Legisla ture repealed by implication significant portions of the previously enacted Dram Shop Act." ^ a b State v. Hamm, 121 N.J. 109 (1990). ^ N.J. P.L.1909, c.127. ^ N.J. P.L.1921, c.208. ^ N.J. P.L.1926, c.152. ^ a b State v. Chun, 194 N.J. 54 (2008). ^ N.J. P.L. 1951, c.23. ^ N.J. P.L. 1952, c. 286. ^ N.J. P.L. 1966, c.142. ^ N.J. P.L.1977, c.29, changed the penalties from a 2-year driver's license susp ension for the first offense, and 10-year suspension and a mandatory 3 months in jail for repeat offenses to a 2-6 month suspension for the first offense, a 1-3 year suspension and up to 3 months in jail for the second offense, and a 5-year suspension and 1-6 months in jail for the third offense. ^ N.J. P.L. 1983, c.129. ^ N.J. P.L. 1992, c.189. ^ N.J. P.L.2003, c.314. ^ New Jersey Division of Alcoholic Beverage Control. "ABC Frequently Asked Quest ions." (Question #6: May a patron take from a restaurant an unfinished portion o f a bottle of wine in an alcoholic beverage version of a "Doggy Bag"?). Retrieve d 26 January 2013. ^ Morgan, Richard. "End of the Line for Midnight Drinkers" in The Wall Street Jo urnal (17 May 2012). Retrieved 11 February 2013. ^ N.J.S.A. 39:4-51b. ^ "Open container in NJ" on Avvo (blog) (28 September 2010). Retrieved 7 Februar y 2013. ^ United States Department of Transportation. "DOT HS 809 426: Executive Summary " (April 2002). Retrieved 7 February 2013. ^ United States Department of Transportation. "DOT HS 809 426: Status of Conform ance" (April 2002). Retrieved 7 February 2013. ^ N.J.A.C. 7:2-2.6. ^ New Jersey Judiciary. "Statewide Violations Bureau Schedule: State Park and Fo rest Regulations." (1 September 2004). Retrieved 21 February 2013. ^ a b "Implementation of the Alcoholism Treatment and Rehabilitation Act." 5 Cri m. Just. Q. 67 (1977). 1. ^ N.J.S.A. 26:2B-26, 26:2B-29

^ McMullen v. Maple Shade Township, Case No. 09-4479 (3rd Cir. 2011). ^ N.J.S.A. 26:2B-16. ^ Tambin, Kam. "Four Loko Banned In New York, Still Available In Jersey" in Deat h & Taxes (16 November 2010). Retrieved 26 February 2013. ^ Pellegrino, Michael. "Absinthe is back after a nearly 100-year ban" in Inside Jersey (published by The Star Ledger) (27 September 2010). Retrieved 26 February 2013. ^ Fischer, Jerry (ABC Director). "Municipal Keg Registration Ordinances: Advisor y Opinion on the Permissibility of Such Ordinances Under New Jersey Law" (2 Octo ber 2007). Retrieved 17 February 2013. ^ N.J.S.A. 33:1-2(a). ^ New Jersey Division of Alcoholic Beverage Control. "Application for Special Pe rmit to Import for Personal Use." Retrieved 26 February 2013. ^ N.J.S.A. 33:1-75.1. ^ New Jersey Division of Alcoholic Beverage Control. "ABC Frequently Asked Quest ions." (Question #7: Can people make their own wine or beer at home?). Retrieved 26 February 2013. ^ N.J.S.A. 33:2-10. ^ N.J.A.C. 13:2-23.6(a)(2). ^ N.J.S.A. 2A:22A-1 to N.J.S.A. 2A:22A-7, formally known as the "New Jersey Lice nsed Alcoholic Beverage Server Fair Liability Act," and commonly known as the "D ram Shop Act." ^ New Jersey Division of Alcoholic Beverage Control. "Alcoholic Beverage Control Handbook for Retail Licensees." notes that "licensees should be aware that othe r state or federal laws (most likely civil rights laws) can be implicated by suc h decisions. It is our understanding that age is not a part of the civil rights laws, and therefore, licensees can generally exclude persons under any selected age." ^ New Jersey Supreme Court, Model Civil Jury Charge Committee. "Model Jury Charg e (Civil) 5.71 Tavern Keepers Serving Minors and Intoxicated Persons (3/10)." Re trieved 1 February 2013. ^ a b Luciano, Frank T. (Esq.). "New Jersey's Dram Shop Statute: A Help or Hindr ance?" (professional website). Retrieved 13 February 2013. ^ Bauer v. Nesbitt, 198 N.J. 600 (2009). ^ Hart, Joe. "C-View Didn t Serve Driver: Court Says Bar Not Liable for Fatal Acci dent" in The Cape May County Herald (7 May 2009). Retrieved 13 February 2013. ^ White, Natalie. Giants Stadium Beer Vendor Held Liable In $135 Million Auto Ac cident Case in Lawyers Weekly USA (17 January 2006). Retrieved 7 March 2013. ^ a b Chamlin, Kenneth W. (Esq). et. al. When Are You Responsible For Serving Al cohol In Your Home? (professional website) (7 June 2011). Retrieved 7 March 2013 . ^ Mazzuchetti, Lauri A. (Esq.). "New Jersey Statute of Limitations Checklist" (p rofessional website) (12 August 2011). Retrieved 9 March 2013. ^ Rossetti, Andrew J. (Esq.). and Scott S. Amitrano (Esq.). "Civil DWI Claims in New Jersey: Overlooked Causes of Action" (professional website). Retrieved 19 F ebruary 2013. ^ a b P.L.1987, c.404. Employees of licensed establishments are expected to be t rained in detecting intoxication, whereas private individuals are not, and thus the Legislature sought to give additional protection to social hosts. N.J.S.A. 2 A:15-5.6 provides that a blood alcohol content (BAC) less than 0.10% results in an irrebuttable presumption that the person tested was not visibly intoxicated i n the social host s presence, thus relieving the social host from liability. If th e guest's BAC is between 0.10%-0.15%, there is a rebuttable presumption that the driver was not visibly intoxicated in the social host s presence. Nothing in this act limits the liability of social hosts who serve alcohol to people under 21. ^ Associated Press. "Convicted drunk driver has right to sue bar that served him , N.J. Supreme Court rules" published on nj.com (2 June 2011). Retrieved 29 Janu ary 2013. ^ Rappaport v. Nichols, 31 N.J. 188 (1959). ^ Kelly v. Gwinnell, 96 N.J. 538 (1984).

^ Wagner v. Schlue, 255 N.J. Super. 391 (1992). ^ P.L.1987 c.152 ^ a b c N.J.S.A. 2C:2-8. ^ Brody, David C., James R. Acker, and Wayne A. Logan. Criminal Law. (Gaithersbu rg, MD: Aspen, 2001). ^ N.J.S.A. 2C:11-3. ^ N.J.S.A. 2C:11-4. ^ State v. Quintanilla, N.J. Super. A-3388-09T1 (2012). ^ Palumbo, Anthony N. (Esq). "When intoxication can be a defense in New Jersey" (professional website). Retrieved 6 February 2013. ^ New Jersey Judiciary. "Bilateral Contracts: Affirmative Defenses." (November 1 999) Retrieved 19 February 2013. 28. ^ N.J. P.L.1975, c.305. ^ N.J.S.A. 26:2B-7. ^ a b N.J.S.A. 26:2B-17. ^ N.J.S.A. 26:2B-19. ^ Marshall, Jonathan F. (Esq.). "Diversion Programs" (professional website). Ret rieved 9 February 2013. ^ a b N.J.S.A. 2C:35-14. ^ a b c Luciano, Frank T. (Esq.). "Drug Courts" (professional website). Retrieve d 10 February 2013. ^ "Senators Lesniak-Scutari Drug Court Bill signed into law" in The Cranford Chr onicle" (19 July 2012). Retrieved 10 February 2013. ^ A.D.P. v. ExxonMobil Research, 54 A.3d 813 (2012). ^ Nirenberg, Jonathan I. (Esq.). "Targeting Alcoholic Employees for Drug Testing Can Violate New Jersey Law Against Discrimination" (professional website) (13 N ovember 2012). Retrieved 9 February 2013. ^ N.J.S.A. 26:2B-14. ^ N.J.S.A. 17B:26-2.1, 17B:27-46.1. ^ Martin Financial Group. "Health Insurance Mandates: A Detailed Review of Feder al and NJ State Mandates" (commercial website) (19 January 2011). Retrieved 9 Fe bruary 2013. ^ United States Department of Labor, Employee Benefits Security Administration. "Frequently Asked Questions: For Employees about the Mental Health Parity and Ad diction Equity Act." (Question #12: Are there plans that are exempt from MHPAEA? ). Retrieved 9 February 2013. ^ "Casino gambling OK'd" in The Red Bank Register (3 November 1976). Retrieved 1 1 February 2013. ^ Legate, Frank. "Casino Control: Setting the Bar" in Global Gaming Business Mag azine (1 May 2008). Retrieved 17 February 2013. Former New Jersey Governor Brend an Byrne told organized crime to "keep your filthy hands off Atlantic City and k eep the hell out of our state!" ^ P.L.1977, c.110 ^ Waggoner, Walter H. "Jersey Adopts Casino-Control Bill; Assembly Gives Final A pproved To Casino-Control Legislation" in The New York Times (27 May 1977). Retr ieved 11 February 2013. ^ New Jersey Division of Gaming Enforcement. "About the Division of Gaming Enfor cement." Retrieved 12 February 2013. ^ N.J.S.A. 5:12-1, known as the "Casino Control Act." ^ New Jersey Casino Control Commission. "Overview." Retrieved 12 February 2012. ^ Waggoner, Walter H. "Casino Inquiry Urges Curbs on Liquor and Cigarette Deals" in The New York Times (12 August 1977). Retrieved 11 February 2013. ^ N.J.A.C. 13:69I-1.1(c). ^ N.J.A.C. 13:69I-1.3(f). ^ N.J.A.C 13:69I-1.4(a). ^ N.J.A.C. 13:69I-1.4(b). ^ N.J.A.C. 13:69I-1.5(e). ^ N.J.A.C. 13:69I-1.4A. ^ N.J.A.C. 13:69I-5.3. ^ N.J.A.C. 13:69I-5.1.

^ N.J.A.C. 13:69I-5.8(c). ^ Parry, Wayne. "$115K in casino fines for cheating, underage cases" in The Asso ciated Press (5 January 2011. Retrieved 17 February 2013. ^ Petitto v. Sands Hotel & Casino, 288 N.J. Super. 304 (1996). ^ Targan, Donald G. (Esq.). and Pender, Michael J. (Esq.). "Injured at a Casino? " (professional website). Retrieved 17 February 2013. ^ N.J.A.C. 13:69I-2.2(f). ^ Wittkowski, Donald. "Slot players at Bally's casino can order drinks with the touch of the screen" in The Press of Atlantic City (8 February 2012). Retrieved 17 February 2013. ^ N.J.A.C. 13:69I-2.1(e). ^ Sullivan, Joseph F. "Jersey Passes Bill Raising Casino Gambling Age to 21 from 18" in The New York Times (25 February 1983). Retrieved 18 February 2013. ^ P.L.1983, c.134 ^ Hakimoglu v. Trump Taj Mahal Associates, 70 F.3d 291 (1995). ^ Previti, Emily. "Strip club coming to Trump Taj Mahal - but no total nudity or lap dances allowed" in The Press of Atlantic City (24 December 2011). Retrieved 17 February 2013 ^ Nichols, Mark W. "The Impact of Deregulation on Casino Win in Atlantic City." Review of Industrial Organization, Vol. 13 (1998). 715. ^ "Casino Panel Approves 24-Hour Gambling" in The New York Times (9 July 1992). Retrieved 18 February 2013. Until July 1991, casinos were required to close betw een 4 a.m. and 10 a.m. on weekdays, and between 6 a.m. and 10 a.m on weekends. F rom July 1991 to June 1992, casinos were allowed to operate 24 hours per day on weekends and holidays. In June 1992, they were allowed to remain open 24 hours p er day from Wednesday to Sunday, and then in July 1992, the casinos were permitt ed to be open 24-hours per day, 7-days per week. ^ Wittkowski, Donald. "Atlantic City casinos target a new non-gambling market: C hildren" in The Press of Atlantic City (21 December 2011). Retrieved 17 February 2013. ^ Atlantic City Ordinances 79-22, 79-23, and 79-24 ^ a b Haines Jr., Roger W. Federal Enclave Law. Ashland, OH: Atlas, 2011. ^ "United States Attorneys' Manual, Title 9, 667 Assimilative Crimes Act, 18 U.S .C. 13" (1997). Retrieved 5 February 2013. ^ a b 32 C.F.R. 634.25(f). ^ Greer v. Spock, 424 U.S. 828 (1976). ^ State v. Schumann, 218 N.J. Super. 501 (1987) ^ United States Government Printing Office "Jurisdiction Over Federal Areas With in the States." (1956). 28. ^ Moore, Mark H. and Dean R. Gerstein. Alcohol and Public Policy: Beyond the Sha dow of Prohibition. (Washington, DC: National Academy Press, 1981). ISBN 9780309 078283. ^ US P.L.105-391 (1998). 7-22. ^ National Park Service "Commercial Visitor Services" ^ 36 C.F.R. 4.14. ^ 36 C.F.R. 2.35(3). ^ Department of the Interior. "Gateway National Recreation Area: Superintendent' s Compendium, 2012." 9-10. ^ United States v. Golden, 825 F. Supp. 667 (D.N.J. 1993) ^ 10 U.S.C. 911 - Art. 111., ^ 36 C.F.R. 4.23. ^ a b c d Owsley, Brian L. (judge). "Issues Concerning Charges for Driving While Intoxicated in Texas Federal Courts." St. Mary's L.J., Vol. 42 (2011). 413-424. ^ Nolan, Scott C. (Esq.). "DUI charges on the federal level." (professional webs ite). Retrieved 7 February 2013. ^ a b Hernandez, Steven W. (Esq.). "Federal DUI/DWI Information." (professional website). Retrieved 4 February 2013. ^ U.S. v. Snyder 852 F.2d 471 (9th Cir. 1988) ^ 32 C.F.R. 634.8(c). ^ 10 U.S.C. 2683

^ "Legislator sponsors bill to lower drinking age for service members" in The Ar izona Republic (3 February 2008). Retrieved 23 April 2013 ^ 36 C.F.R. 2.35(a)(2). ^ United States v. Dotson, No. 09-30149 (2010). ^ 26 C.F.R. 1.3 ^ 18 U.S.C. 3282 [edit]External links New Jersey Division of Alcoholic Beverage Control New Jersey Statutes Title 33: Intoxicating Liquors New Jersey Administrative Code (ABC regulations are at N.J.A.C. 13:2) New Jersey portal Law portal Drink portal [show] v t e List of alcohol laws of the United States by state Categories: Alcohol law in the United States by stateBeer and breweries in New J erseyNew Jersey distilled spiritsNew Jersey lawNew Jersey wine Navigation menu Create accountLog inArticleTalkReadEditView history Main page Contents Featured content Current events Random article Donate to Wikipedia Interaction Help About Wikipedia Community portal Recent changes Contact Wikipedia Toolbox Print/export This page was last modified on 24 April 2013 at 07:43. Text is available under the Creative Commons Attribution-ShareAlike License; add itional terms may apply. By using this site, you agree to the Terms of Use and P rivacy Policy. Wikipedia is a registered trademark of the Wikimedia Foundation, Inc., a non-prof it organization. Privacy policyAbout WikipediaDisclaimersContact WikipediaMobile view