 |
|
| 1 |
|
| 2 |
|
| 3 |
|
| 4 |
|
| 5 |
|
| 6 |
|
| 7 |
|
| 8 |
|
| 9 |
|
| 10 |
|
| 11 |
|
12 |
|
13 |
|
| 14 |
|
15 |
|
16 |
|
|
|
|
|
| |
What
is The Division of Alcoholic Beverage
Control?
The
Division of Alcoholic Beverage Control
(Div. of ABC or ABC) is the unit of
State Government that is charged with
regulating the commerce of alcoholic
beverages within the State of New
Jersey. The 21st amendment to the
United States Constitution gave each
state the right to determine whether
to allow alcoholic beverages, and,
if so, how to regulate them. As soon
as the amendment was adopted in 1933,
New Jersey enacted its Alcoholic Beverage
Control Law, which is commonly known
as Title 33 (since the Alcoholic Beverage
Control Law is contained in the Revised
Statutes as the 33rd title listed
alphabetically by major subject matter,
and under the title of “Intoxicating
Liquors”). In that law, a Department
of Alcoholic Beverage Control was
established under a Commissioner.
In the late 1940’s, after New
Jersey’s 1947 Constitution was
adopted, some departments were consolidated
and the Department of Alcoholic Beverage
Control was absorbed into and became
a division of the Department of Law
and Public Safety under the New Jersey
Attorney General.
The
Division of ABC is headed by a Director,
who is appointed by the Governor with
the advice and consent of the Senate.
The Director is required to supervise
the manufacture, distribution and
sale of alcoholic beverages in such
a manner as to fulfill the public
policy and legislative purpose of
the Alcoholic Beverage Control law.
Investigations of violations of the
ABC law are conducted by the Alcoholic
Beverage Control Investigations Bureau).
top
|
|
|
How
old must someone be to purchase or drink
alcoholic beverages on a licensed premises?
A
person must be 21 years of age or
older to legally purchase or consume
any alcoholic beverage on a licensed
premises. There is absolutely no exception
to this. (N.J.S.A. 9:17B-1) However,
persons under the age of 21 can legally
drink in connection with a religious
ceremony or at home under parental
supervision.
top
|
|
|
How
old must someone be to own a license
or be employed by a licensee?
The lawful age to own a license and
to purchase alcoholic beverage products
for resale under a license privilege
is 18 years of age, (N.J.S.A. 9:17B-1)
|
Bartender, waiter or sales clerk:
18 years* |
|
Entertainer:
18 years* |
|
Restaurant
& hotel worker not selling
alcohol: 16 years** |
|
Stock
clerk in distribution licensee:
15 years*** |
|
Caddy
or pin setter: 15 years*** |
|
Waiter
(not selling alcohol) for consumption
licensee which is not restaurant
or hotel: 16 years*** |
*Although
a person must be 18 years of
age to be employed as an entertainer
(includes members of a band,
etc.), N.J.S.A. 34:2-2 I.17,
et seq., provides for the employment
of younger persons in certain
"theatrical productions." This
is under the jurisdiction of
the New Jersey Department of
Labor. |
**To
qualify as a restaurant, the
establishment must regularly
and principally be used for
the purpose of providing meals
to the public, having an adequate
kitchen and dining room equipped
for the preparing, cooking and
serving of food for its customers
and in which no other business,
except such as is incidental
to such establishment, is conducted.
As a rough rule of thumb, to
qualify as a restaurant, the
establishments should have table
(i.e. "sit-down") service with
a full service menu, proper
and adequate equipment to be
considered a bona fide restaurant
(e.g., food freezers, dish washer,
oven, etc.) and the majority
of its business revenues should
be from the sale of prepared
food for consumption on the
premises, with revenue from
the sale of alcoholic beverages
merely being ancillary thereto. |
| ***Permits
for the employment of minors under
18 years of age must first be
obtained from the Division of
ABC before (or within ten days)
such persons are employed on a
licensed premises. |
|
These
rules, including the requirements
for permits, apply to children
of licensees as well, if they
are employed on the licensed
premises in any capacity.
top |
|
| |
Are
non-licensed restaurants permitted to
allow customers to bring their own alcoholic
beverages (byob) for consumption with
their meals?
Unless
there is a local ordinance prohibiting
it, customers of an unlicensed restaurant
may be permitted by the ownership
of the restaurant to bring and consume
only wine and beer. The restaurant
can supply glasses, ice, etc., but
may not impose a cover, corkage or
service charge. Also, under no circumstances
may spirituous liquor be permitted.
There may be no advertising whatsoever
of the fact that wine or beer may
be permitted. Additionally, the owner
may not permit wine or beer to be
consumed during hours in which the
sale of these products is prohibited
by licensees in that municipality,
nor allow consumption of beer or wine
by persons under the age of 21 years
or by persons who are actually or
apparently drunk or intoxicated. (N.J.S.A.
2C:33-27).
top
|
|
|
How
is the quantity of alcohol indicated
in the different types of alcoholic
beverages?
In
distilled spirits, the alcohol content
is indicated in “Proof,”
which is equal to twice the actual
percentage of alcohol. For example,
a distilled spirit which is shown
to be 60 proof contains 30% alcohol.
The alcoholic content of wine is indicated
in percentage by volume. This gives
the actual percentage of the beverage
that is alcohol. For beer and other
malt alcoholic beverages, although
the percentage of alcohol is not shown
on the label, the alcohol content
is usually given in percentage of
alcohol by weight. This percentage
number will usually appear to be slightly
less than if the alcohol content were
shown by volume.
top
|
|
|
May a patron take from a restaurant
an unfinished portion of wine in an
alcoholic beverage version of a "doggy
bag?"
Yes.
It is the policy of the State to encourage
moderation in the consumption of alcoholic
beverages. To permit a diner to take
home an unfinished portion of the
bottle of wine, rather than consume
it all to prevent “waste”
of his purchase, furthers that policy.
Thus all unfinished bottles of wine
may be re-corked and the patron can
take them with him/her.
Removal
of other open containers of alcoholic
beverages from the licensed premises,
such as a glass of wine, a mixed drink,
an opened bottle or can of beer, is
still prohibited. Licensees should
caution patrons using wine “doggy
bags” that the wine should be
placed in the trunk of the patron’s
car while in transit because Motor
Vehicle Law prohibits the consumption
of alcoholic beverage in a car and
the presence of a container with its
original seal broken in a motor vehicle
(buses, taxi cabs and limousines are
excluded) can give rise to a presumption
that the unfinished bottle was consumed
in the car.
top
|
|
|
Can
people make their own wine or beer at
home?
A
New Jersey resident over the age of
21 may engage in the personal manufacture
(or home brewing) of up to 200 gallons
of wine or malt alcoholic beverage
(beer) for personal or household use
or consumption. A permit is
no longer necessary for this activity.
In
certain circumstances, home brewing
is also permissible outside the home
if the site of brewing is an authorized
“noncommercial” premises
and is a licensed instructional facility.
A permit is required
for this activity.
In
either scenario, any wine or beer
manufactured is subject to the same
limitations; namely, that there is
a 200 gallon per year limit and the
beer or wine produced may not be sold
under any circumstances, nor may it
be used for any purpose other than
for personal or household use or consumption
by the brewer.
top
|
|
|
Are
New Jersey consumers permitted to order
alcohol from a catalog or via the internet
and have it delivered to their homes?
Update
pending.
|
|
Can
parents be held responsible for their
minor children who consume alcohol?
Yes.
A parent or guardian having legal custody
of a person under 18 years of age is
required to exercise reasonable supervision
or control over that person in connection
with the consumption of alcohol.
If
a parent or legal guardian fails or
neglects to exercise reasonable supervision
or control over the conduct of the person
under 18 years of age, for a first offense
the parent or legal guardian shall be
notified of the violation in writing.
If the person under 18 years of age
is caught a second or subsequent time,
the parent or legal guardian shall be
subject to a $500 fine.
top |
|
|
Does
New Jersey allow the sale of alcohol
at drive up windows?
For
public policy reasons the Division
of ABC prohibits the sale of alcohol
from drive up windows. The relationship
between alcoholic beverages and the
operation of a motor vehicle is such
that the Division of ABC has determined
that this type of service could result
in the irresponsible consumption of
alcohol. In addition, it does not
provide the licensee with the best
opportunity to visually observe the
patron to ascertain whether that patron
is of legal age or is impaired or
intoxicated.
top
|
|
|
Can
a person have an open container of alcohol
in a motor vehicle?
New
Jersey law prohibits any person from
having an open container of alcohol
in a motor vehicle, even if the driver
or other passenger is not intoxicated.
The policy of the State of New Jersey
is that alcohol and motor vehicles,
when combined, create a dangerous
situation and therefore, the consumption
of any alcohol by any person in a
motor vehicle is prohibited. The penalties
for such a violation range from a
minimum fine of $200 up to 10 days
of community service.
top
|
|
|
Can
bars, restaurants or other licensed
establishments run betting pools for
sporting events such as the Super Bowl?
As
a general rule, neither gambling nor
gambling paraphernalia is permitted
on a licensed premises. Those games
or activities, however, which are
licensed under the New Jersey law
dealing with bingo, raffles or lotteries
may be conducted on a licensed premises.
Any
other unlicensed game or activity,
where chance and not skill is the
primary element and a person pays
money or anything else of value in
the hope or expectation of winning
money, a prize or some other valuable
thing, is prohibited. This prohibition
does not apply to the holding of a
tournament, such as darts or bowling,
where skill, and not chance, is the
determining factor.
The
Division has found that “football
pools,” “sport pools”
and "super bowl pools” constitute
gambling and are, therefore, prohibited
on the licensed premises.
top
|
|
How
many liquor stores and restaurants are
allowed in each municipality?
The
number of licenses to sell alcohol for
consumption on a licensed premises (restaurants
and bars) and to sell alcohol for off
premise consumption (packaged goods)
within a municipality is determined
based upon the population. A municipality
may issue one consumption license for
every 3,000 of its population. As to
distribution licenses, which allow the
sale of alcohol for off premise consumption,
a municipality may issue one license
for every 7,500 of its population. A
municipality is allowed to ban all sales
of alcohol within its borders if it
so desires.
top |
|
What
time must liquor sales stop?
Generally,
a municipality, by ordinance, establishes
the lawful hour during which alcoholic
beverages may be sold. In some municipalities,
referenda have been held to establish
or limit the hours or days of sale.
By
ABC regulation, no retail licensee may
sell distilled spirits in original containers
(packaged goods) before 9:00 am and
after 10:00 pm on any day of the week.
Municipalities can further limit these
hours by ordinance or referendum, and
frequently do so with respect to Sunday
mornings. However, by State statute
retail licensees can sell wine and beer
in original containers (package goods)
at any time the municipality has permitted
the sale of alcoholic beverages by the
drink for consumption. In cities of
the first class (Jersey City, Newark),
however, the hours of sale are regulated
by municipal ordinance and State limitations
are not applicable. To be certain as
to restrictions on hours of sale, check
with that particular municipality.
top |
|
What
Does the Counsel to the Director Do?
The
primary responsibility of the Counsel
to the Director is to provide legal
advice to the Director and to assist
the Director in formulating Division
policy. Objectives include implementing
the statutory objectives set forth in
the Alcoholic Beverage Control Act,
balancing the interests of each segment
of the industry and protecting New Jersey
citizens against fraudulent or misleading
business activities or practices that
foster the immoderate, illegal or irresponsible
sale and consumption of alcoholic beverages.
As the primary
legal representative of the Division,
the Counsel to the Director represents
the Division in federal, state and administrative
law proceedings and advises the Director
concerning appeals filed from actions
taken by municipal issuing authorities
concerning the issuance, renewal, transfer
and disciplining of retail licenses.
The Counsel to the Director also reviews
ordinances that may be adopted by municipalities
to govern the local sales of alcoholic
beverages, and advises the Director
about the adoption, repeal and amendment
of all state regulations as well as
the implementation of the ABC law through
directives and other forms of administrative
decisions.
> Counsel
to the Director Page
top |
|
|
What
methods of payment does the Division
of Alcoholic Beverage Control accept?
The
Division accepts personal checks, certified
checks and money orders. We do not accept
cash
Since
May 1, 2008 cash is no longer accepted
by the ABC.
top |
