Alcohol laws of New Jersey

Under home rule, New Jersey law grants individual municipalities substantial discretion in passing ordinances regulating the sale and consumption of alcoholic drinks within their limits.

Colonial winemakers received recognition by the Royal Society of Arts for producing high-quality wine,[1] and a local distillery owner was asked by George Washington for his recipe for "cyder spirits" (applejack).

[2][3] Throughout the 19th and early 20th centuries, the industry developed with the influx of European immigrants, specifically Germans and Italians, who presented a sizable market for alcoholic drinks and brought with them old world winemaking, brewing, and distilling techniques.

[37] Supermarkets, convenience stores, and gas stations in New Jersey rarely sell alcoholic beverages because state law prohibits any person or corporation from possessing more than two retail distribution licenses.

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 100 rooms, and theatres with at least 1,000 seats.

[36] Special permits exist to allow for the sale of alcoholic beverages at golf courses, government-owned facilities, and at social events run by non-profit organizations (for example, church carnivals).

[44] It is possible for a dry town to have a winery or brewery that offers tastings, since alcohol manufacturing licenses in New Jersey are issued by the state, and are not regulated by municipalities.

[28] Gambling and related paraphernalia, broadly defined by ABC to include claw and crane machines, casino-themed video games, football pools, and door prizes, irrespective of whether any profit is being made by the business, are prohibited at licensed establishments.

[55] New Jersey law prohibits strip clubs and "sexually oriented business", where stripteases and erotic dances are regularly performed, from offering both full nudity and alcohol sales.

[28][57] Clubs that are not licensed to serve alcohol will work around the restriction by implementing a bring your own bottle (BYOB) policy and operating as a "juice bar".

In 1767, two landowners, Edward Antill and William Alexander, Lord Stirling, were recognized by the Royal Society 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.

[89][90] New Jersey has had a long distilling history dating to the colonial era when large landowners converted surplus fruit into brandy, sugar into rum, and grain into whiskey.

[105] 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.

[107] ABC regulations mandate that the alcoholic beverages being delivered are paid for in advance, that they are received by someone 21 or older, and that they take place when the licensed establishment is permitted to be open.

[119][120] Minors are allowed to enter licensed establishments, and while state law does not prohibit bars and nightclubs from having events such as "teen nights," or "18 to party, 21 to drink," some municipalities impose restrictions.

[126] It used to be 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.

[137][139] The state criminalized the underage possession of alcohol 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 returning home with liquor.

[156] Besides giving municipalities a choice on whether to implement such a policy, the revised bill imposed substantially lighter penalties on underage drinkers, and the new law made an exception for alcohol provided by any relative, not just a parent or guardian.

[157] Like all other US states, New Jersey sets a 0.08 percent weight by volume blood alcohol content (BAC) as the threshold for intoxication when operating a motor vehicle (e.g. automobile, boat).

[173] 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.

[158] 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 alcohol education program.

[175] A previous DUI conviction, in New Jersey or another state, cannot be used to disqualify a person from such programs,[176] and those charged with an indictable offense stemming from drunk driving (e.g. cases involving serious injuries or eluding arrest) are eligible for PTI.

[212] Bars and restaurants are considered strictly liable for their patrons' behavior, and liquor licenses can be suspended or revoked if a customer engages in illegal activity (e.g. fighting, public urination) after drinking.

[222] Social hosts are given more liability protection than licensed businesses in that 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 driving injuries.

[179]In 1959, the New Jersey Supreme Court permitted a lawsuit against several taverns that had served alcohol to an underage person, who then caused a fatal automobile crash.

"[226] New Jersey courts have expanded the dram shop doctrine to include social hosts who serve alcoholic beverages to guests, and automobile owners who allow drunk drivers to operate their cars.

[243] An employer who dismisses an employee for being an alcoholic is in violation of the state's anti-discrimination laws unless they can show that person's condition affected their job performance or created a substantial safety risk.

[290][291] New Jersey does not consider municipal ordinances to be criminal offenses, and so open container laws cannot be enforced in federal enclaves under the Assimilative Crimes Act.

[297][298] Similar to New Jersey, federal DUI statutes prohibit the operation of a motor vehicle while having a BAC of 0.08% or greater, and require a driver to give a breath sample if requested by a law enforcement authority.

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.

A map of the United States with New Jersey highlighted in red
The location of New Jersey within the United States
A view over a town early in the morning with a power plant smokestack in the background
Ocean City was founded in 1879 as a dry town, and it never has issued a liquor license, forbids the sale of alcohol, and prohibits BYOB at restaurants.
A green and orange neon sign that says "self service drive in liquors," and has an arrow pointing downward.
A sign lights up a liquor store in Wildwood, which has more than 60 active liquor licenses.
An illuminated cityscape alongside water seen at night from the air.
Atlantic City is one of the few municipalities in New Jersey that allow the sale of alcohol 24 hours per day.
Ten bottles of New Jersey wine stacked in two rows, on a brown table with a yellow background.
This is an assortment of New Jersey wines. New Jersey's 48 wineries produce wine from more than 90 varieties of grapes, and from over 25 other fruits.
A black and white image of a factory with a steeple, a smokestack, and the caption "C. Feigenspan's lager beer brewery."
The C. Feigenspan Brewery in Newark, New Jersey, c.1890–1900.
An illustration in black, red and white showing a skull on the left, small bottle of liquor in the center and old-fashioned gasoline pump on the right with the caption "Don't Mix 'Em" on top.
A poster from 1937 warning about the dangers of drunk driving. New Jersey instituted its first DUI law in 1909.
A white brick building on a city street corner. On the side of the building, and on the entrance awning is "The Stone Pony."
The Stone Pony nightclub in Asbury Park filed for bankruptcy in 1991 because of a series of drunk driving lawsuits.
A windswept white sand beach with grassy dunes on the side, and the ocean in the distance.
Sandy Hook is one of the few places in New Jersey where alcohol may be consumed on a beach without a permit.