Bill Text: NJ S1594 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits manufacture and sale of alcoholic beverages; establishes penalties for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-05 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1594 Detail]
Download: New_Jersey-2018-S1594-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Prohibits manufacture and sale of alcoholic beverages; establishes penalties for violations.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting the manufacture and sale of alcoholic beverages, supplementing Title 2A of the New Jersey Statutes, amending P.L.1972, c.81, and repealing Title 33 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. For the purposes of this section:
"Alcohol" means Ethyl alcohol, hydrated oxide of ethyl or neutral spirits from whatever source or by whatever process produced.
"Alcoholic beverage" means any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than one-half of one per centum (1/2 of 1 percent) by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors, and any brewed, fermented, or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.
"Sale" means every delivery of an alcoholic beverage other than by purely gratuitous means, including deliveries from outside of this State and deliveries by any person outside of this State intended for shipment by carrier or otherwise into this State and brought within this State, or the solicitation or acceptance of an order for an alcoholic beverage, and including exchange, barter, traffic in, keeping and exposing for sale, serving with meals, delivering for value, peddling, and possessing with intent to sell.
b. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, it shall be unlawful to manufacture, sell, possess with intent to sell, transport, warehouse, rectify, blend, treat, fortify, mix, process, bottle, or distribute alcoholic beverages in this State, but any drink actually intended for immediate personal use may be mixed by any person.
c. Except as hereinafter provided, a person may purchase, without limitation, any amount of alcoholic beverages intended in good faith to be used solely for personal use and may personally transport alcoholic beverages purchased for personal use in any vehicle from a point outside this State. Alcoholic beverages intended in good faith solely for personal use may be transported, by the owner thereof, in a vehicle other than that of the holder of a transportation license, from a point outside this State to the extent of, not exceeding 1/4 barrel or one case containing not in excess of 12 quarts in all, of beer, ale, or porter, and one gallon of wine and two quarts of other alcoholic beverages within any consecutive period of 24 hours.
d. A person who violates the provisions of subsection b. or c. of this section shall be subject to a civil penalty of $50 for a first offense and a penalty of $100 for a second or subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section.
2. Section 1 of P.L.1972, c.81 (C.9:17B-1) is amended to read as follows:
The Legislature finds and declares and by this act intends, pending the revision and amendment of the many statutory provisions involved, to:
a. Extend to persons 18 years of age and older the basic civil and contractual rights and obligations heretofore applicable only to persons 21 years of age or older, including the right to contract, sue, be sued and defend civil actions, apply for and be appointed to public employment, apply for and be granted a license or authority to engage in a business or profession subject to State regulation, serve on juries, marry, adopt children, attend and participate in horse race meetings and parimutuel betting and other legalized games and gaming, except as otherwise provided in subsection c. of this section, sell alcoholic beverages, act as an incorporator, registered agent or director of a corporation, consent to medical and surgical treatment, execute a will, and to inherit, purchase, mortgage or otherwise encumber and convey real and personal property.
b. [Extend to persons 21 years of age and older the right to purchase and consume alcoholic beverages on January 1, 1983, provided that anyone attaining the age to purchase and consume alcoholic beverages legally prior to January 1, 1983, shall retain that right. Nothing in this act shall preclude any licensee under R.S. 33:1-1 et seq. from making purchases in the regular course of his licensed activities.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
c. Extend to persons [at or over the age at which a person is authorized to purchase and consume alcoholic beverages, heretofore applicable only to persons 18] 21 years of age or older[,] the right to attend and participate in casino gaming. Nothing in this act shall preclude any licensee under the "Casino Control Act," P.L.1977, c. 110 (C. 5:12-1 et seq.) from attending and participating in casino gaming in the regular course of his licensed activities.
d. Abolish the right of a person between the ages of 18 and 21 years to disaffirm and be relieved of contractual obligations by reason of age.
(cf: P.L.1983, c.134, s.1)
3. Title 33 of the Revised Statutes, with all amendments and supplements, is repealed in its entirety.
4. This act shall take effect immediately.
STATEMENT
This bill prohibits the manufacture and sale of alcoholic beverages in this State and establishes civil penalties for violations.
The bill prohibits a person from manufacturing, selling, possessing with the intent to sell, transporting, warehousing, rectifying, blending, treating, fortifying, mixing, processing, bottling, or distributing alcoholic beverages in this State. However, a person may mix any drink actually intended for immediate personal use. A person who violates the provisions the bill is subject to a fine of $50 for a first offense and a fine of $100 for a second or subsequent offense.
Under the bill, a person may, without limitation, purchase any amount of alcoholic beverages intended in good faith to be used solely for personal use and may personally transport alcoholic beverages purchased for personal use in a vehicle from a point outside this State. The owner may transport from outside the State alcoholic beverages intended in good faith solely for personal use in an amount that does not exceed 1/4 barrel or one case containing not in excess of 12 quarts in all, of beer, ale, or porter, and one gallon of wine and two quarts of other alcoholic beverages within any consecutive period of 24 hours.
In addition, the bill repeals Title 33 of the Revised Statutes, which governs the manufacture and sale of alcoholic beverages in this State.
