The state law regulating alcoholic beverages in New Jersey is one of the most complex in the United States, with many peculiarities not found in other state laws. They provide 29 different drink licenses granted to manufacturers, wholesalers, retailers, and for public warehousing and transportation of alcoholic beverages. The general authorities for the control of alcoholic drinking laws and regulations are in the hands of the state government, especially the Alcoholic Beverage Control Division overseen by the state Attorney General.
Under house rule, New Jersey laws provide large privacy to municipalities in the ordinance governing the sale and consumption of alcoholic beverages within their limits. The number of available retail licenses is determined by city dwellers, and may be further restricted by municipal government agencies. As a result, the availability of alcohol and the regulations that govern it vary greatly from city to city. A small part of the municipality in the state is a "dry city" that does not permit alcoholic beverages to be sold, and does not issue retail licenses to bars or restaurants to serve alcohol to customers. Other cities allow the sale of alcohol 24 hours a day. Retail licenses tend to be difficult to obtain, and when available are subject to exorbitant prices and intense competition.
In addition to giving local governments a wide latitude over liquor sales, New Jersey law has some other unusual features. Corporations are limited to two retail distribution licenses, making it impractical for chain stores to sell alcoholic beverages; This restriction, along with city regulations, severely restricts supermarket chains and supermarkets from selling beer as they do in many other countries. State law treats drunk driving as a traffic violation rather than a crime, and allows each city to determine the scope of underage drink legislation.
Video Alcohol laws of New Jersey
History
The history of New Jersey about the taverns and the production of alcohol began in the early colonial period. Colonial wine makers received recognition by the Royal Society of Arts for producing high-quality wines, and local refiners were asked by George Washington for his recipe for "applejack". Throughout the nineteenth and early twentieth centuries, the industry grew with the influx of European immigrants, especially Germany and Italy, which presents a sizable market for alcoholic beverages and brings with it the brewing, refining, and refinement techniques of the old world. With the advent of the movement of simplicity culminating in the Prohibition (1919-1933), New Jersey's alcohol industry suffered; many factories, wineries, and distillations are either closed or moved to another country. Legacy The ban restricts and prevents industry recovery until the state legislature begins to loosen restrictions and invalidate the Prohibition-era law beginning in 1981. The New Jersey alcohol industry is experiencing a revival, and the recently enacted law provides new opportunities for state wineries and factories.
Maps Alcohol laws of New Jersey
Statute and state law enforcement
New Jersey's laws and regulations on alcohol are overseen by the Division of Public Alcoholic Drugs Control (ABC), which is run by the state Attorney General. The director of the Alcoholic Beverage Control division is currently Dave Rible. State and city laws, including laws governing alcoholic beverages, apply in all territorial waters covering rivers, lakes and inland bays, and tidal waters up to three nautical miles from the coastline of New Jersey.
Beginning in 1738, cities in New Jersey began issuing liquor licenses for shop keepers. Before the federal ban in 1919, despite many state liquor laws, the setting of alcoholic beverages in New Jersey was almost exclusively local, with wide variations among cities. In 1933, after the lifting of the Prohibition, countries were once again allowed to arrange alcoholic beverages. Immediately following the end of the Prohibition in 1933, New Jersey adopted the Alcoholic Beverage Control Act, which established and provided regulatory powers to the Alcoholic Beverage Control Division. The law also establishes a three-tiered alcohol distribution system where, with minor exceptions, alcohol producers can only sell to wholesalers, who can only sell to retailers, who can only sell to customers.
New Jersey's alcohol laws and regulations are codified in Title 33 of the Statute of New Jersey, and Title 13, Chapter 2 of the New Jersey Administrative Code respectively. After the constitution of the state of New Jersey was adopted in 1947 and several departments were consolidated, the department was incorporated into the Department of Law and Public Security under the Attorney General's office of New Jersey. The law defines alcoholic beverages as "liquids or solids of any kind which can be converted into liquids, suitable for human consumption, and containing more than one half of one percent (1/2 of 1%) alcohol by volume, including alcohol, beer, beer ale, ale, porter, naturally fermented wine, processed wine, mixed wine, fortified wine, sparkling wine, smoothed liquor, smoothed liquor, and fermented liquor, fermented or distilled suitable to be used for drinks or a mixture of the same juice, and fruit. "
Municipal control
New Jersey has a strong tradition of home town rules. Therefore, local governments have considerable authority in licensing and business arrangements related to alcohol. These strengths include:
- limit the number of licenses to sell alcoholic drinks in retail (Class C license),
- limits retail alcohol sales hours,
- prohibits retail sale of alcoholic beverages on Sundays,
- governs the behavior of any licensed retailer to sell alcoholic beverages,
- set the properties and conditions of licensed
- restricting people in the municipality into a single liquor license,
- restrict licenses to include only certain licensed places; and
- allows municipalities with a population of 15,000 or more to appoint a three-person municipal alcoholic beverage control board with provisions for three years.
Retail licenses for consumption or distribution are allocated proportionally to the municipalities. Licenses allowing local retail sales and consumption of alcoholic beverages (ie bars and restaurants) are allocated at a ratio of one license to 3,000 residents. Distribution licenses are available with a ratio of one license per 7,500 inhabitants. Small towns with populations of less than 1,000 can spend at least one consumption and one distribution license. Given the limits of city enabling regulations, the actual number of licenses in the municipality may be more or less dependent on a variety of factors, including:
- whether the existing license in the municipality is categorized by preceding the imposition of a statutory limit on a 1948 license on the number of retail licenses per city,
- has the city decided to offer fewer licenses, and
- whether the municipality has decided by regulations or a referendum to be dry, and prohibits the sale of alcoholic beverages within its limits.
Because the law provides significant local legislation, 35 of the country's 565 municipalities are currently dry. By contrast, due to licensing, some cities have a much higher license ratio. For example, the resort town of Wildwood has a permanent population of 5,300, but 61 liquor licenses are active.
Casinos in the Atlantic City and federal enclaves (eg military bases, national parks) are not under the jurisdiction of the Alcoholic Beverage Supervision Division or the city's alcoholic beverage control board. The New Jersey Gaming Enforcement Division and the New Jersey Casino Control Commission are responsible for the regulation of alcoholic beverages at the casino. As per Article I, Section 8, Clause 17 of the Constitution of the United States, the federal government may "exercise such an authority over all places purchased by state legislative approval where the same shall take place, for the establishment of fortresses, magazines, arsenals, dockyards, and other buildings which is needed. "While some state laws apply in federal pockets, court decisions have excluded military bases and other federal land from state and local alcohol laws.
Alcohol license and license
The New Jersey Act provides 29 different drink licenses that are divided into the following five classes: Class A for producers, Class B for wholesalers, Class C for retailers, Class D for transportation licenses, and Class E for public warehouses. State law allows the Division of Alcoholic Beverage Control to make a temporary permit "to provide the possibility of where appropriate and in line with the spirit of this chapter to issue licenses, but contingencies have not been made clear." Custom permissions are allowed for a price range from $ 10 to $ 2000, limited to 25 days per year for a given place, and currently there are 3 types of permissions for non-licenses. Excluding seasonal licenses and special permits, ABC licenses are issued for one year from 1 July, and ends on 30 June.
City issues
Availability of retail beverage license
The number of Class C retail licenses for bars, restaurants and liquor stores is limited by the population and often by city regulations. Licenses are usually obtained from existing licensees who choose to sell, or when new licenses are offered as city dwellers grow. As a result, prices for retail licenses are often very expensive. The sale of new licenses is usually done by public auctions. Fierce competition can benefit the city by generating several hundred thousand dollars in revenue from the highest bidder. The 2006 licensing auction in Cherry Hill, New Jersey set a state record at $ 1.5 million.
Supermarkets, department stores, and gas stations in New Jersey rarely sell alcoholic beverages because state laws prohibit a person or company from owning more than two retail distribution licenses. While licenses for bars, restaurants and liquor stores are limited, other retail licenses are not. Class C licenses may be granted indefinitely for general carriers (such as limos and boats), private clubs with a minimum of 60 members, hotels with at least one hundred rooms, and a theater with at least 1,000 seats.
Special permission exists to enable the sale of alcoholic beverages at golf courses, government facilities, and social events run by nonprofit organizations (eg, church carnivals). A restaurant in New Jersey without a liquor license can sell wine from New Jersey wine by becoming a retail outlet outside the winery. Since the early 1990s, there have been several proposals that failed to create a separate restaurant license that allowed companies to eat to sell beer and wine. The proposal has been strongly opposed by current retail license holders who believe it will lower their income, and thus the value of their liquor license.
Dry city
Some municipalities, particularly in South Jersey, are dry towns where no alcohol can be presented or sold legally. Some of them are dry because of their origin as Quakers, Methodists, or other Protestant religious communities. For example, the seaside resort town of Ocean City has been dry since it was founded in 1879 by four Methodist ministers. In recent years, some cities have questioned whether they should stay dry. Dry cities often have a public referendum on whether they should stay dry or allow liquor sales to attract new businesses and increase property tax revenues.
Dry cities in New Jersey can not prohibit the possession, consumption, or transportation of alcohol, but have the option of allowing or banning BYOB in restaurants and social affairs permits for nonprofit organizations. In 2012, residents of Ocean City rejected a proposal to allow restaurant customers to bring their own wine or beer to an unlicensed company. It is possible for a dry city to have a winery or brewery offering flavors, because the alcohol manufacturing license in New Jersey is issued by the state, and is not governed by the municipality. By 2013, there are 35 dry municipalities in New Jersey, down from 44 in 2002.
Some dry cities allow the sale of alcohol if it is produced on site.
Operation hours and other license rules
Sales hours for on-site consumption are governed by local regulations, and closing times vary by city. Atlantic City has no closing hours, and alcohol can be bought at local casinos and bars 24 hours a day. With the exception of Newark and Jersey City, the law prohibits the sale of packaged goods before 9 am and after 10 pm every day of the week. This may be further restricted by local regulations. Liquor stores can sell beer and wine during the hours that allow on-site sales.
New Jersey regulations for liquor stores and bars are extensive. Licensed companies may not offer nudity. It is illegal to sell under-charged liquors, charge a constant fee for unlimited drinks (except for private parties and New Year's Eve), offer promotions that rely on a certain amount of alcohol, allow customers to remain after closing time, or sell drinks hard on the drive-through window. Bars and clubs are prohibited from having 'ladies' night' or prices that are considered discriminatory. Police officers are prohibited from working for licensed businesses in the same city where they are employed, and some municipalities require fingerprints for all liquor stores and bar employees.
Gambling and related equipment, widely defined by ABC to include claw and crane engines, casino-themed video games, football pools and door gifts, regardless of whether there are profits made by businesses, are prohibited in licensed companies. The only exception is for those who are licensed by the state to sell lottery tickets or have off-track bets on horse races. Bingo charity or raffle games are also allowed. Card games, darts, billiards and other games are allowed as long as no money is exchanged, and no prizes are given.
ABC Rules allow bar owners or employees to provide free drinks as long as they are not advertised. Businesses can issue free or free drink coupons (up to one per day per patron). Hotel and motel licenses can also give guests a free bottle of wine on special occasions. Licensed companies are allowed to institute the dress code, additional fees, and minimum age restrictions. Liquor stores are allowed to taste beer, wine and alcoholic beverages. Bars, restaurants, state concession holders (eg PNC Bank Arts Center), and nonprofit organizations with special permits can hold dinner tasting and tasting, the latter allowing larger sample sizes.
BYOB: bring your own bottle
Because some restaurants can not or choose not to get a retail consumption license, the practice of "bringing your own bottle" (BYOB) is prevalent in companies across the state. Customers are allowed to bring their own beer or wine to a restaurant that does not have a liquor license, as long as there is no city ban to ban it. By law, BYOB restaurants may not permit the consumption of liquor or mixed drinks, nor does it allow the consumption of beer or wine by those under 21, visibly drunk, or during the hours at which the sale of these products is prohibited by the licensee in that case. municipality (ie after closing time). Companies offering BYOB are not allowed to assess additional fees, charge corkage fees, or advertise that customers can bring beer or wine. Restaurants or other businesses with retail consumption licenses allow consumers to bring their own beer or wine, although many do not.
New Jersey law prohibits strip clubs and "sexually oriented businesses", in which stripteases and erotic dances are regularly performed, from offering both full bare sale and alcohol. Companies that have retail licensing and serving alcohol can only offer partially dressed services such as go-dancing dancing (usually in bikinis or underwear). Unlicensed clubs to serve alcohol will work around the restrictions by implementing a policy of bringing their own bottles (BYOB) and operating as a "juice bar". The juice bar has a full bar appointment but only serves non-alcoholic drinks such as water, fruit juices, and carbonated flavored drinks. Such a bar could double as a BYOB material storage service counter and offer ice and mixing services to make mixed drinks using materials purchased by customers. A recent court ruling stated that municipalities allowing BYOB policies for restaurants should permit the same practice for strip clubs.
Alcohol production and distribution
In 1981, the state legislature began to reform the laws governing the production of alcoholic beverages. With the passing of the New Farm New Jersey Winery Act of 1981, and a law that provided licenses for brewpubs and microbreweries in the 1990s, the two industries have grown significantly and the number of wineries and factories has continued to increase. In February 2013, New Jersey issued its first new refining license since before the Prohibition, and laws have been filed to facilitate the creation of handicraft distilleries in New Jersey. In 2014, New Jersey currently has 48 wineries, 28 factories, and 2 distilleries.
Wine Factory
Date of wine making in New Jersey in the colonial period. In 1767, two landowners, Edward Antill and William Alexander, Lord Stirling, were recognized by the Royal Society of Arts in London, who challenged the British North American invaders to process vinifera wine and produced ". " wine is now consumed in the United Kingdom. "Shortly thereafter, Antill wrote an 80-page instructional essay on the cultivation of wine and wine-making that was published in the Transactions of the American Philosophical Society.
While the cultivation of grapes and fruit trees favored the wine industry that developed in the late 19th and early 20th centuries, the effects of the Prohibition and the legacy of restrictive legislation after its annihilation destroyed the industry. For 50 years, New Jersey was limited by law to one wine license for every 1,000,000 inhabitants of the state, which in 1980 effectively allowed only seven wineries. The growth of the state wine industry has been supported by the New Jersey Farm Law of New Jersey, which repealed many of the Prohibition-era laws and allowed many small farmers to open new wineries.
In 2014, New Jersey has 48 licensed wineries and operations that produce wines from over 90 varieties of grapes, and from over 25 other pieces. Many New Jersey wineries sell their products at festivals held annually throughout the state. In 2012, 1.56 million gallons (about 656,000 cases) of wine were produced by a New Jersey winery, making it the ninth largest wine country. Most of them are non-grape fruit grapes, especially apples, blueberries, raspberries, and cranberry grapes; fruits produced by many farms in the state. The country's wine factory earns between $ 30-40 million in revenues each year. New Jersey law treats hard cider as a type of wine because it is made from fermented fruits. While there are currently no licensed hard cider production in New Jersey, extract can be produced under license of pariah or agricultural wine, and some businesses have taken the first step in setting up a sari factory.
Breweries
The first brewery in New Jersey was founded in a new Dutch settlement in what is now called Hoboken when the state of the New Dutch colony. It was soon destroyed by the band Lenape in 1643 during the Kieft Gubernatorial War (1643-1645). The immense population of German immigrants in Newark and Jersey City led to the establishment of a healthy brewing industry in the 19th and early 20th centuries. Brewing beer became the fourth largest industry in Newark, with names like Kruger, Hensler, and Feigenspan among the leading industrial families in Newark.
Later, regional (and then national) brands Ballantine, and Rheingold, and Pabst, among others, operate large factories in Newark and surrounding cities. With allegations of German propaganda and the persecution of German-Americans during World War I, many state brewers who moved to the West Central United States ban shut down many of the remaining factories in the state. For example, from 27 Newark factories before the ban, none exist today. When the industry was reorganized and consolidated in the 1970s and 1980s to compete nationally, major producers such as Ballantine (in 1960s) Rheingold (1977), and Pabst (1985) closed their doors.
Anheuser-Busch still operates a large production brewery in Newark, originally opened in 1951, used for brewing Budweiser and Rolling Rock. New Jersey offers limited brewing licenses for micro breweries and limited brewing licenses for brewpubs. In 1995, Ship Inn Restaurant and Brewery in Milford became the first brewpub in New Jersey. Within ten years, the industry grew to 28 factories, most of them micro breweries or brewpubs. In 2010, the New Jersey brewery produced 32,000 barrels (992,000 gallons) of artificial drinks. In 2012, New Jersey liberalized its licensing laws to allow micro breweries to sell beer by glass as part of the tour, and sell up to 15.5 gallons (ie a barrel) for off-site consumption. The same rules allow brewpubs to brew up to 10,000 barrels per year, and sell to wholesalers and at festivals.
Distilleries
New Jersey has a long history of distillery dating from the colonial era when large landowners turned surplus fruit into brandy, sugar into rum, and grains into whiskey. To date, New Jersey has only one licensed distillation, Laird & amp; Company at Scobeyville (Colts Neck). Founded by Robert Laird, it is the oldest licensed refinery in the United States and receives No. License. 1 from the US Treasury Department in 1780. George Washington, who knew the distillery owner, once asked for his recipe for "cyder spirit." In 1834, New Jersey boasted 388 distilleries.
Today, Laird is the only Apple apple producer left. There are currently no companies doing refineries in New Jersey. Laird obtained all his apple from the Virginia Shenandoah Valley and refined his product in Virginia. Distillation at his New Jersey facility ceased in 1972 and mixed Laird, his age and bottle of products at Scobeyville. In February 2013, the state issued its first refinery license since the Prohibition for Spreading Artisan Senate Fairfield, which currently produces and sells rum. The Jersey Spirits Distilling company set up their refineries in February 2015 is also located in Fairfield Township, Essex County, New Jersey and became the first refinery to produce and distribute the Wholesale Bourbon Whiskey in New Jersey since before the Day ban. Their handmade products for bottle products include Vodka, Rum, Gin, White Whiskey, Bourbon and Jersey Hooch. Claremont Distillery in Fairfield, NJ began refining in May 2015. They produced vodka, whiskey and retail liquor named Jersey Devil Moonshine, after New Jersey legend Pine Barons. Skunktown Distillery in Flemington, NJ opened its doors to the public in December 2016. Skunktown Distillery produces Vodka, Spicy Vodka (made with Carolina Reaper pepper), Silver Rum, Oaked Rum - unique bourbon flavor with light rum support, Rye Whiskey, Golden Gin, and the best Apple Moonshine Pie in the state.
Other prospective refiners, Cooper River Distillers in Camden and Corgi Spirits [1] in Jersey City, New Jersey are on their way to securing a license in the near future. Others are expected to follow. In August 2013, the state passed a law that created a craft refining license. License fees are much lower than a full refining license ($ 938 versus $ 12,500), but limit production to 20,000 gallons per year. Distillers stating that at least 51 percent of raw materials used in distillation planted or purchased from providers in the state can label their products "New Jersey distilled."
Shipping directly to consumers
Until 2004, New Jersey allowed a winery in the state to ship products directly to customers in the country. The state does not allow producers outside the country to send to New Jersey residents or allow a New Jersey winery to be shipped to customers outside the state. This practice was declared unconstitutional by the US Supreme Court in 2005 in the case of Michigan. The New Jersey Act was then beaten by the Third Circuit Court of Appeals in 2010 because the restrictions were held to violate the US Constitution's Interstate Commerce Clause.
On January 17, 2012, New Jersey Governor Chris Christie signed a statute law that legalized direct shipments from a winery to a consumer, and allowed a New Jersey winery to open as many as 15 retail outlet sales outlets in the state. The law allows a winery that produces less than 250,000 gallons of wine per year, which includes all New Jersey wineries, to deliver up to 12 cases of wine per year to anyone over 21 in New Jersey or any other possible state wine delivery. Because this prohibits 90% of the wine made in the United States, but does not affect the small wineries of New Jersey, lawmakers fear that this part of the law will be considered unconstitutional. The US Court of Appeals for the First Circuit had dropped the same limit in Massachusetts in 2008 because of a United States Supreme Court ruling that handled direct shipments several years earlier.
Federal law prohibits alcoholic drinks sent by mail. New Jersey effectively prohibits the delivery of beer and alcohol to customers by requesting a liquor license to transport alcohol, but does not have a liquor license that gives permission to send beer or liquor. United Parcel Service (UPS) and Federal Express will ship wine to someone's home, but will only deliver beer or liquor to a licensed business. While not common, it is legal for liquor stores to deliver alcoholic drinks by car or van to someone's home. The ABC Regulations mandate that alcoholic drinks are sent prepaid, that they are received by a person aged 21 years or older, and that they occur when a licensed company is permitted to be opened.
Legal drinking age
Underage law
A person must be at least 21 years old in New Jersey to buy alcoholic drinks at a retail company, or to own or consume alcoholic beverages in public (eg, park or on the street) or semi-public areas (eg restaurants, cars). A person needs only 18 to have a liquor license, or to sell or serve alcohol (eg, waiter or supermarket cashier). State law also prohibits minors from misrepresenting their age in licensed companies.
It is illegal to serve alcohol to anyone under the age of 21, encouraging minors to drink, deliberately allowing minors on property owned or rented, or having alcoholic beverages in public school property without the written consent of the council school or principal. State law provides exceptions for religious services, and for parents and carers more than 21 who serve alcohol for their own children in private locations (such as private homes).
New Jersey and all other US states comply with the 1984 National Minimum Bounding Act requirements, which seek to set national standards 21 as a minimum age to purchase and publicly hold alcoholic beverages. To make the country comply, Congress is bound by the failure of the state to impose a drinking age at 21 for a reduction in punishment in the federal state budget division. The federal law requires colleges and universities that accept federal financial institution policy to sanction students who violate underage drinking and other alcohol laws, and to track the number of liquor law violations. The Chronicle of Higher Education has reported that many universities fail to comply with this law, and law enforcement is minimal.
There is no state law that prohibits alcohol consumption by minors while on private property, but many municipalities prohibit underage consumption unless a parent or adult relative is present. Public schools are not permitted to have a "24/7" policy that prohibits students from drinking alcohol outside school. Minors are allowed into licensed companies, and while state law does not prohibit bars and nightclubs having events such as "teenage nights," or "18 parties, 21 drinking," some municipalities impose restrictions. It is legal for a person under the age of 21 to be in a location where underage drinking is taking place, and New Jersey has no "internal ownership" law that criminalizes underage drinking after the event.
Penalties for underage drink
Underage drinking laws are a violation of irregular people (minor offenses), based on convictions punishable up to 6 months in prison (rarely charged), a $ 500- $ 1000 fine, and a mandatory six-month suspension of a person's license. The penalty is the same as using false identification. Those who unlawfully present alcohol to minors, invite minors to drink, deliberately allow minors on their property, or bring alcohol to public school properties face similar sanctions, except that their driver's license will not be suspended. Licensed businesses that serve alcohol to someone under the age of 21, even accidentally, may be fined or their liquor license suspended or revoked.
Violation of drinking laws under the city is a non-criminal offense, a $ 250 fine for first offense, and $ 350 for subsequent offenses. A person's driver license may be suspended for underage drinking convictions in the city, but usually it only results in fines without the necessary court appearance. There is a "good samaria" defense against the cost of underage drinking - if an underage drinker calls for medical help for a sick underage drinker, and works with law enforcement and medical responders, it can not be prosecuted. It is common for the underage drinking costs of the country to be lowered to violations of city regulations in order for defendants to avoid criminal records and suspended licenses. The law of restriction for both countries and the cost of underage drinking in the city is one year.
New Jersey drinker's age history
The first drinking-age law in New Jersey was passed in 1846. This allowed the parents of a student under 21 to sue up to $ 10 ($ 270 in modern dollars) in damages to the shopkeepers or shopkeepers who supply alcoholic beverages to their children. In 1880, a criminal law was imposed, fining a business selling liquor to people under the age of 18 if their parents told the company not to sell it to their child. The law was amended in 1888 to remove the provisions of parental consent, thus making it illegal in all cases for liquor shops or liquor stores to sell alcohol to people under 18. In 1908, the sentence was increased so that guardians of minors could be imprisoned. After the start of the Prohibition, New Jersey revoked its law on the sale of alcohol to minors since the United States' Eighteenth Amendment of the Constitution prohibited almost all liquor sales.
Following the lifting of the Prohibition and the passage of the Alcoholic Beverage Control Act, ABC issued a law prohibiting bars and liquor stores to sell alcohol to a person under 21, regarded as the majority age at the time. In 1939, it became a criminal offense to sell alcohol to a person under 21 years of age, and for a person under 21 years of age to buy or consume alcohol in a licensed company. The state criminalized underage alcohol ownership in motor vehicles and other public areas in 1957, possibly in response to New Jersey youth traveling to New York, where the age of drinking was 18 years, and returned home with liquor. Over the years the laws against underage drinking and serving alcohol for minors do not apply to private property, although adults who supply large amounts of liquor to minors may be prosecuted for contributing to juvenile delinquency. Furthermore, criminal arrest and prosecution for underage drinking in bars or public places was very rare before the 1980s.
New Jersey's drinking age was reduced to 18 in 1973 as part of a wider legal change that reduced the age of the New Jersey majority from 21 to 18. The majority of the drive to bring down the drinking age to 18 years was to give back Vietnamese veterans the right to buy alcohol. Perhaps because of concerns about 18-year-old high school students who were able to legally buy liquor, and then illegally consume the school, the country raised its drinking age to 19 in 1980. Citing statistics that indicate an increase in car deaths amongst drivers under 21, age drink was raised back to 21 in 1983. At the same time, penalties for underage drinking were upgraded to include a mandatory driver's license suspension. In 1985, the state made it illegal for adults to give alcohol to someone under 21, with the exception of religious services and parents serving alcohol for their own children at home or in private areas.
Historically, some municipalities have ordinances of underage drinking on private property, but the class action lawsuit in 1998 against the city of Avalon overturned this law. In 2000, the New Jersey Legislature passed a law that criminalized the consumption of alcoholic beverages on private property. New Jersey Governor Christine Whitman vetoed the bill on privacy issues: "While I fully support the intent of the bill, I am concerned that the prohibition of the bill can be interpreted to apply to situations where minors consume even small amounts of alcohol under the supervision of adult family members. "Later that year, Whitman signed a revised bill allowing the city to pass legislation prohibiting underage drinking on private property. In addition to giving the municipality a choice as to whether to implement such a policy, the revised bill imposes far less severe penalties on underage drinkers, and the new law makes exceptions to alcohol provided by each relative, not just a parent or guardian.
Drunk driver
DUI Law
Like all other US states, New Jersey assigned 0.08 percent of body weight based on the volume of blood alcohol content (BAC) as a threshold for poisoning when operating motor vehicles (eg cars, boats). It is possible to incur driving costs under the influence (DUI) with a BAC rate below 0.08%, but there is a presumption in that situation that the driver is not drunk. The state law prohibits those under 21 years of age driving if their BAC is 0.01% or more, prohibits the operation of commercial vehicles with BAC 0.04% or more, and mandates that drivers submit a breath sample if requested by police officers. To be found guilty of DUI in New Jersey, a person must operate or attempt to operate a motor vehicle; So activities like sleeping in a car while drunk or cycling while drunk is not illegal.
Drivers are not legally required to take a field peace test, even if the results are acceptable in court. The Alcotest has replaced Breathalyzer as a standard device to determine the level of alcohol in the blood. When a driver is arrested for DUI, the police are prohibited from using force to take a breath, blood, or urine sample, and should warn the driver of the consequences of refusing a breath sample. In 2010, the New Jersey Supreme Court overturned a sample non-English speaking sample's rejection statement, stating that drivers should be notified of the law in a language they understand. A person may be subject to dUI or rejection of breath up to 90 days after incident, except in case of serious injury or death, in this case the restriction law is 5 years.
New Jersey is one of only two states (along with Wisconsin) that classifies DUI as a traffic violation, and not a criminal offense, except in cases of serious injury or death. Because it is not a criminal offense, those prosecuted in New Jersey with DUI and related offenses are not fingerprinted, have no right to a jury trial, DUI arrest and no confidence submitted to the FBI NCIC crime database, and DUI arrests and beliefs can not be removed. Mandatory criminal defenses (eg coercion, traps) are not available for DUI, and in Country v. Hammond, the state Supreme Court upheld the conviction of someone who was driving after his alcoholic drink was consciously unconscious. The criminal defense of common law is available in the case of DUI, and the state appeals court overturns the conviction of someone who is driving while drunk to avoid an attacker, citing the doctrine of need. Punishment for DUI
The penalties for DUI vary according to the level of intoxication and the amount of prior conviction. A first DUI offense with a BAC rate of less than 0.10% faces a fine of $ 250 to $ 400, an auto insurance surcharge of $ 1000 per year for 3 years, 12 hours of alcohol education, a 3 month license suspension, and a jail term of up to 30 day (rarely charged). If the driver's BAC rate is 0.10% or greater, the penalty increases to $ 300 to $ 500, and the license suspension increases to 7 to 12 months. If the driver's BAC rate is 0.15% or greater, drivers will be required to have ignition ignition device installed in their car for 6 to 12 months after their license is restored. New Jersey has no revocation of administrative licenses, and thus a drunk driver's license suspected of being suspended until they are found guilty.
A person under the age of 21 who is found guilty of driving with a minimum BAC rate of 0.01%, but less than 0.08% will have a SIM suspended for 1 to 3 months, required to perform 15-30 hours of community service, and take part in an alcohol education program. The penalty for refusal to send a breath sample is equal to driving with a BAC of more than 0.15%. Commercial driver licensees (CDLs) are subject to a one-year suspension of their CDL for first offense, and CDL's lifetime suspension for recurring violations if they drive commercial vehicles with BAC 0.04% or greater, drive cars with BAC 0.08% or larger, or refused to give a sample of breath. More severe penalties may be imposed if DUI occurs within 1000 feet of the school, or if there are teenagers in the vehicle. DUI accidents that result in serious injury or death are considered to be an alleged crime.
New Jersey prohibits bargaining in the DUI case unless prosecutors believe there is not enough evidence to prove the case, and New Jersey does not offer a license (work) license for people convicted of DUI. Since DUI is not a criminal offense in New Jersey, the defendant is not eligible for pretrial intervention (PTI) and other transfer programs. Previous DUI confidence, in New Jersey or other states, can not be used to disqualify a person from such a program, and those charged with alleged offenses derived from drunk driving (for example cases involving serious injury or avoidance of arrest) meet requirement for PTI. A person convicted of a DUI is prohibited from recovering accident-related damage from other drivers, but may be able to sue businesses or people who serve them alcoholic beverages.
For the second DUI belief in a 10-year period, regardless of BAC, there is a $ 500- $ 1,000 fine, 2 to 90 day jail term, a 2-year license suspension, a $ 1,000 auto insurance surcharge per year for 3 years, and installation of an interlock locking device for 1 to 3 years after license restoration. A person who has 3 or more DUI beliefs and a gap of less than 10 years since the last conviction is subject to a $ 1,000, 6 months imprisonment penalty, a 10-year license suspension, an auto insurance surcharge of $ 1,500 a year for 3 years, and installation of an interlock locking device for 1 up to 3 years after license restoration. Prison sentences issued in New Jersey for DUI are often presented through job release programs (eg weekends in jail).
History of drunk driving legislation in New Jersey
New Jersey first established drunken driving laws in 1909, making it a violation of an orderly person (offense). In 1921, the DUI was converted into a traffic violation with a 1 year suspension license for the first offense, and a 5-year suspension for repeat offenses. The penalty increased in 1926 to a 2-year suspension, and a lifetime suspension and 3 months must be in jail for repeated offenses. In 1951, due to concerns about the evidence needed to prove "poisoning", the New Jersey Legislature changed the DUI law to state that drivers with a BAC of 0.15% or greater are considered to be drunk. A driver with a BAC of 0.15% or greater can be released if they can demonstrate that they are not physically drunk.
Due to new ideas about the treatment of alcoholism, the lifetime suspension was reduced to a 10-year suspension in 1952. DUI's prosecution remained difficult in cases where the driver refused to take the Breathalyzer test, and in 1966 the state authorized a suspension of a person's license for refusing to hand over a breath sample. In 1977, the BAC limit was reduced to 0.10%, but the law was modified to distinguish between the second and third offenses, with lower penalties for the first and second penalties. In 1983, the state set a rule per se in which a person who exceeded the limit was considered to be drunk in all cases (ie, not just assumption). Nine years later, the BAC limit of 0.01% for drivers under 21 was instituted, and in 2003, the BAC limit of 0.10% was reduced to 0.08% to meet federal highway funding requirements.
Open container and public consumption law
It is illegal in New Jersey to have an open container of alcohol on the passenger side of private cars, but an open bottle of alcohol can be transported in the trunk of the car, and alcohol consumption on buses, trains, taxis, limousines, or boats is allowed. Punishment for having an open container of alcohol in the car is a $ 200 fine for the first offense, and a $ 250 fine or 10 days of community service for repeat offenses. The State Vehicle Commission does not impose license points for open container confidence, but some car insurance companies charge additional fees. New Jersey law on open containers in motor vehicles in accordance with the 21st Century Transportation Equity Act (TEA-21), a federal act authorized in 1998 that reduces the funding of highway states that do not prohibit open containers in the area of ​​†<†New Jersey state parks and forests prohibit the possession or consumption of alcoholic beverages except on pre-approved events. There are no state laws against alcohol consumption elsewhere, but most municipalities have open container laws that prohibit or limit public consumption. Penalties for alcohol ownership in state parks are $ 71, while city fines for violations of public consumption can be as high as $ 2000, though generally much lower. Under the Alcoholism Treatment and Rehabilitation Act (ATRA), public intoxication without any irregularities is not a criminal offense, and municipalities are prohibited from making ordinances against public intoxication. New Jersey law allows a police officer to bring people found publicly intoxicated to their residence or to a medical facility. Purchase and production restrictions
Unlike many other countries, New Jersey does not impose restrictions on the type or quantity of alcoholic beverages that a legal person may purchase. Mixed alcohol, caffeinated beverages, and absinthe can be sold legally, and state legislation does not impose limits on the alcohol content of beer or wine. New Jersey does not require a barrel to be registered, and state ABC regulations prohibit city barrun registration laws. A resident can import any amount of alcohol into the country for personal use, but a $ 50 permit is required if more than 3 gallons of beer, 1 gallon of wine, or half gallon of spirits are being imported within a 24-hour period. Anyone aged 21 years or older can produce up to 200 gallons of beer or wine per year. No permission is required, but any brewery or wine-making should be done in private homes or non-commercial properties, and any beer and wine produced can not be sold. It is a criminal offense to have an unregistered silence, or filter out some liquor.
Bars and restaurants are considered fully responsible for the behavior of their customers, and liquor licenses may be suspended or revoked if customers engage in illegal activities (eg fighting, public urination) after drinking. New Jersey legislation recognizes both dram store liabilities and social host responsibilities, where alcohol servers for people who look drunk or minors are responsible if the person then causes death or injury to a third party in an alcohol-related car crash or other accidents. To reduce responsibility, the Alcoholic Beverage Control Division (ABC) grants licenses to licensed companies to exclude every patron for any reason, but warns businesses against violations of civil rights law.
While the courts in New Jersey allow action based on dram store responsibilities or social host responsibilities, they will instruct a jury to consider the negligence of a drunk person under the doctrine of comparative omission. The licensed company and the social host may be liable for drunk accidents, assaults, falls, and other injuries and property damage caused by the customer, but is not liable for unexpected behavior (eg falling from trees), also irresponsible answer if they only serve food or non-alcoholic beverages to a drunken patron. Dramatic stores and social host litigation may involve compensation and punishment damages. There is a 2 year law limitation for the lawsuit, but the deadline can be extended if the victim is a teenager.
The social host is afforded more responsibility protection from licensed businesses in that private persons are generally only responsible for guest actions above 21 if their blood alcohol content is above 0.15, and the lawsuit involves drunk driving injuries. As long as a guest is not under age, a social host is not responsible for attacks, falls, and other non-DUI injuries. Although most alcohol-related lawsuits involve parties to the drunken drivers, there are cases in New Jersey where drunk drivers succeed in challenging the establishment that serves them. Recently, at Voss v. Tranquillino New Jersey court stated that a drunk driver may sue a bar or restaurant under the "Dram Shop Act" and win under the theory that:
[a] a person suffering personal injury or property damage resulting from an alcoholic negligent service by a licensed alcoholic beverage server may recover damages from a licensed alcoholic beverage server if the server is negligent (ie serves a drunk person), the injury is mostly caused by negligent alcoholic beverage service, and the injury is a predictable consequence of negligent service.
In 1959, the Supreme Court of New Jersey authorized a lawsuit against several taverns that had served alcohol to minors, which later caused a fatal car accident. The court stated that his decision was based on the fact that this act was illegal under ABC rules, stating that, "We are confident that the claimant's claim of recognition will provide a fairer measure of fairness to an innocent third-handed injured brought about by the sale of alcoholic beverages unlawful and negligent to minors and drunk people. "The New Jersey court has expanded the dram shop's doctrine to include a social host serving alcoholic beverages for guests, and car owners who allow drunk drivers to operate their cars.
Due to complaints from bar owners about their inability to obtain liability insurance, the state passed a law in 1987 to limit liability to cases where the server could be realistically known that patrons were underage or intoxicated, and to limit lawsuits against types of upcoming injuries. The law also sets the legal standards of comparative omissions in these cases, where monetary damages to licensed companies can be reduced if others are also negligent (eg patrons, other bars). Additional laws enacted in 1987 substantially restricted the social host responsibilities to mature guests.
Defense, diversion and intoxication treatments
The New Jersey criminal code prohibits voluntary poisoning from being used directly as a defense against crime, even if the crime demands that the behavior be intentional, poisoning can prevent the person from having a mens rea to be guilty. For example, a person accused of killing someone during a drunken argument may be innocent of murder because New Jersey law requires that the actor intentionally or intentionally "cause death or serious bodily injury resulting in death." In such a case, a murder suspect can be found guilty of ordinary murder, which requires only reckless acts, including acts committed while intoxicated.
Intracawatory and pathological intoxication is an affirmative defense for all criminal offenses in New Jersey, but is not a defense against regulatory laws and violations of traffic laws that are considered violations of strict liability (eg, environmental regulations, DUI). Intravenous stools are associated with cases where a person does not know that they have consumed alcohol (such as spiny drinks). Pathological poisoning applies where, for medical reasons, a person has an excessive response to alcohol. To be used as a defense, the accused must show that "when his behavior does not know the nature and quality of his actions, or if he knows it, that he does not know what he is doing, do it wrong." Contracts made with the person a drunk can be canceled by the court if "the accused is so drunk" that he "can not realize and appreciate the nature and consequences of what the defendant did."
In 1976, the New Jersey legislature passed the Alcoholism Treatment and Rehabilitation Act (ATRA), which states that New Jersey's public policy is that "alcoholics and drunk people may not be subject to criminal prosecution for the consumption of their alcoholic beverages, but should be given continuous care in order they can lead normal lives as productive members of society. "Since the implementation of ATRA, it has become New Jersey's general policy to treat alcoholism as a disease. Under ATRA, a drunk person arrested for a non-accused criminal offense may be taken to a medical facility, not a prison, and will be released as soon as they are conscious, or at the most 48 hours.
Similarly, a person accused of an unlawful offense, including those decided in a juvenile court, may request alcohol treatment in lieu of criminal prosecution. If a doctor proves that the defendant is an alcoholic, the court may impose up to 30 days of inpatient care, up to 60 days of outpatient care, or both. If the person successfully completes the treatment program, criminal charges will be terminated. A person with alcohol dependence who has been charged with an alleged crime may file a "special probation" (also known as a drug court). Those accused of serious crimes (eg Murder, kidnapping) are not eligible, but persons charged with violations with mandatory penalties, or who have extensive criminal non-violent records may qualify. If received in a special probationary period, the defendant will be subject to 18 months to 5 years of probation and residential care as an alternative to prison.
Employers who terminate an employee for being an alcoholic is against a state anti-discrimination law unless they can show that the person's condition affects their job performance or creates a large security risk. No public hospital can refuse patient care for poisoning or alcoholism, and all individual and state health insurance plans arranged by the state of New Jersey are required to offer inpatient and outpatient care for alcoholism. Under federal law, all group health insurance plans for private companies with more than 50 employees must offer insurance coverage for alcoholism similar to their insurance coverage for other medical conditions.
Territory outside the state of the ABC jurisdiction
Casino
In a 1976 referendum, New Jersey voters approved casino gambling in Atlantic City. Due to concerns about the connection of organized crime to gambling, New Jersey enforces strict rules that include licenses from all employees and casino contractors, and the separation of powers between the Gaming Dforcement Division (DGE) and the Casino Control Commission (CCC). The Gaming Enforcement Division is part of the New Jersey Public Security and Security Department, and is responsible for investigating casino licensing applications, monitoring casino operations, and enforcing New Jersey casino laws and regulations as defined in Title 5, Chapter 12 of the New Jersey legislation , and Title 13, Chapter 69 of the New Jersey Administrative Code. The Casino Control Commission is an independent institution in the Ministry of Finance of the country with quasi-legislative and quasi-judicial power, and is responsible for setting up casino rules, hearing DGE fines and making decisions on casino licensing. Given such regulation and the uniqueness of casino gambling, twelve New Jersey casinos are not under the jurisdiction of the Alcoholic Beverage Control Division (ABC) or Atlantic City's alcoholic drinks control board.
Casinos, and vendors serving, selling or storing alcoholic beverages for casinos, are required to obtain a casino casino hotel casino (CHAB) license from the Gaming Enforcement Division. The CHAB license must be renewed every five years. The New Jersey casino alcohol rule is divided into five distinct activity areas: (a) casino floor (including simulcasting facility); (b) hotels (including restaurants and meeting rooms); (c) packing goods; (d) room service; and (e) storage. Alcohol sold or given on the casino floor and in the hotel area should be in open containers for direct consumption, while alcohol sold in the package area of ​​goods should be sealed. Alcoholic beverages are brought to the shelter because room service may be open or closed, while storage should not be accessible to the public.
Although casinos are not under the jurisdiction of ABC, many rules for casinos and casino vendors are the same as those for ABC class reseller licensees. Casinos generally can only buy alcoholic beverages from licensed wholesalers (ie Class B ABC licenses). The casino may have a brewpub on site, but production is limited to 3,000 barrels of beer per year, and beer can only be distributed in open containers on the casino floor and in the casino hotel area. The casino can get permission to taste, and sample dinner. Nonprofit organizations may obtain permission to organize social events in the casinos where they charge for alcoholic beverages. Organizations are limited to 12 casino casino event licenses per year, and certain casinos can only hold 25 such events per year.
Casinos are not allowed to serve alcohol for people under 21 or drunk, are very responsible for the behavior of patrons, and are subject to drama shop lawsuits for injuries derived from negligence in presenting alcohol. Casinos are allowed to provide "comp" drinks, and many do so to reward and encourage gambling. Except on New Year's Eve, casinos can not sell unlimited beverages for a certain price, or they may require customers to buy alcoholic beverages to access events or services. In 1983, due to difficulties in preventing underage drinking in casinos, the legal age for gambling in casinos was raised to 21. In Hakimoglu v. Trump Taj Mahal Associates , the federal appeals court ruled that casinos are not legally responsible for gambling losses and debts incurred by drunken gamblers, but it is unclear whether that decision applies if a drunken gambler is also underage.
Because they serve alcoholic beverages, casino nightclubs are prohibited from offering full nudity. In 2013, Trump Taj Mahal opened its first casino strip club in the country, featuring minimal clad dancers. The New Jersey Casino initially had a close-up time like most ABC licensed firms, but was allowed to stay open 24 hours per day, 7 days a week starting in 1992 It is legal for minors to go to casinos, as long as they do not gamble, the consumption of alcoholic beverages in a casino common area, or stay on the gambling floor. Because of Atlantic
Source of the article : Wikipedia
0 Comments