Title 33, Title 33: INTOXICATING LIQUORS

33:1-59. Service of warrant in nighttime No search warrant shall be served in the nighttime except for special cause shown to the satisfaction of the issuing magistrate and upon insertion in the warrant of a direction that it may be served in the nighttime.

33:1-6. Only eligible persons to be appointed No person shall be appointed to any office, position or employment under this chapter unless he is eligible as hereinbefore defined but clerical employees need not be of legal age.

33:1-60. Execution and return of warrant; time limit Every search warrant shall be executed and returned to the issuing magistrate within forty-eight hours after its issuance, after which time, unless executed, it shall be void.

33:1-61. Receipt for and inventory of property seized Any officer who shall seize any property under a search warrant shall give a copy of the warrant, together with an itemized receipt for the property, to the person from whom it was taken or in whose possession it was found or,…

33:1-62. Return of illegally seized property In case any person shall be deprived of any property, or the possession of any property, under color of any search warrant, except substantially in accordance with the procedure herein set forth, the issuing magistrate, upon timely app…

33:1-63. Resisting officer serving or executing search warrant; misdemeanor Any person who shall knowingly and willfully obstruct, resist or oppose any officer or person assisting an officer, in serving or executing, or attempting to serve or execute, any search warrant authorize…

33:1-64. Procuring search warrant without probable cause; misdemeanor Any person who shall maliciously and without probable cause procure a search warrant to be issued and executed shall be guilty of a misdemeanor.

33:1-65. Search without warrant; misdemeanor Any person who shall intentionally search any private dwelling occupied exclusively for dwelling purposes, without a warrant therefor, or who shall maliciously and without probable cause, and without a warrant therefor, search any othe…

33:1-66. Seizure of unlawful property; bond or cash for return; replevin; forfeiture, sale, etc., of unclaimed property; hearing; certain property subject to seizure; manufacture, sale, etc., of unlawful property; return of seized property; liens upon seized property a. Any offic…

33:1-67. Solicitor's permit required; exceptions; issuance; fee; violations; penalty No individual shall offer for sale or solicit any order in the State for the purchase or sale of any alcoholic beverage, whether such sale is to be made within or without this State, unless such …

33:1-68. Detention of evidence Nothing in this chapter contained shall prohibit the detention of evidence pursuant to law.

33:1-69. Place of sale; determination In case of sale of an alcoholic beverage in which a delivery is accompanied by transportation, whether by a common carrier or otherwise, the sale shall be deemed to be made in the county wherein the delivery was made or in the county where th…

33:1-7. Officers and employees not to be interested in liquor industry; acceptance of gifts No person appointed to any office, position or employment under this chapter while holding said office, position or employment, shall directly or indirectly, individually or as a member of…

33:1-70. Each violation separate offense; name of purchaser unnecessary in affidavits, indictments, etc. Every violation of this chapter shall constitute a separate offense. In any affidavit, information, complaint or indictment for a violation of this chapter, separate offenses …

33:1-71. Officers to use diligence; arrests To the end that local police and other enforcing agencies shall enforce this chapter in the interest of economy and effective control, all officers shall use all due diligence to detect violations of this chapter and shall apprehend the…

33:1-72 Sale of warehouse receipts; license required; fee. 33:1-72. The sale of receipts, certificates, contracts or other documents given upon the storage of alcoholic beverages is prohibited, except under and pursuant to the provisions of a warehouse receipts license issued by …

33:1-73. Intention and construction of law This chapter is intended to be remedial of abuses inherent in liquor traffic and shall be liberally construed.

33:1-74 Temporary permits; fees. 33:1-74. a. To provide for contingencies where it would be appropriate and consonant with the spirit of this chapter to issue a license but the contingency has not been expressly provided for, the director of the division may for special cause sho…

33:1-75 Special permits authorizing manufacture of wines in an instructional winemaking facility. 33:1-75. a. (Deleted by amendment, P.L.2011, c.169). b. The director may, subject to rules and regulations, issue special permits authorizing the manufacture of wines in an instructi…

33:1-75.1 Certain persons permitted to manufacture wine, malt alcoholic beverages at home, noncommercial premises. 2. a. A person who is 21 years of age or older may manufacture within a home or other noncommercial premises wines or malt alcoholic beverages in quantities not exce…

33:1-76. Sales within 200 feet of church or school prohibited; waiver; exceptions Anything to the contrary hereinbefore notwithstanding, and for the benefit not of property but of persons attendant therein, no license shall be issued for the sale of alcoholic beverages within two…

33:1-76.1. Renewal or reissuance of club or Class B wholesale license granted on waiver Notwithstanding the provisions of section 33:1-76 of the Revised Statutes if a club or Class B (wholesale) license has been or shall be granted on a waiver of its protection granted on authori…

33:1-76.2. Plenary or limited retail distribution licenses; renewal on annual waivers for 15 or more years; effect Notwithstanding the provisions of Revised Statutes 33:1-76 if a plenary or limited retail distribution license has been or shall be granted on a waiver of its protec…

33:1-77. Defenses of sellers 33:1-77. Anyone who sells any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages is a disorderly person; provided, however, that the establishment of all of the following facts by a person making any such sale shall …

33:1-78. Bottling without license; misdemeanor Any person, except a person holding a brewery, distillery, winery or rectifier's license under this chapter, who shall bottle alcoholic beverages for sale or resale shall be guilty of a misdemeanor.

33:1-79. Licensees to purchase and sell alcoholic beverages of certain manufacturers only No licensee hereunder may purchase or sell any alcoholic beverages unless the same shall have been manufactured by manufacturers licensed as such hereunder, or, if manufactured by foreign ma…

33:1-8. Form of official bonds; force and effect All bonds made or furnished by any person appointed to any office, position or employment under this chapter, except the commissioner, shall be given to the commissioner and are to be approved as to form and sufficiency by the comm…

33:1-80. Issue of stamps, labels, etc.; fees Subject to rules and regulations, the commissioner may issue to foreign manufacturers and to persons licensed under this chapter, stamps, labels and other indicia evidencing compliance with prescribed standards upon payment of fees to …

33:1-81 Misrepresenting age to induce sale or delivery to minor; disorderly person. 33:1-81. It shall be unlawful for: (a) A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of …

33:1-81.1. Hearing; attendance by parent or guardian; subpoena In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged wit…

33:1-81.1a Violations by parent, guardian; notification; fine. 3. A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S.33:1-81 or section 1 of P.L.1979, c.264 (C.2C:33-15) with respect to purchasing, possessing, or co…

33:1-81.2. Identification card; contents 1. The county clerk in any county shall before the effective date of P.L.2003, c.175 issue, upon application of any resident of that county who shall have attained the age of 21 years, and who shall have supplied the clerk with the necessa…

33:1-81.7 Transfer of card; offense; penalty. 6. It shall be unlawful for the owner of an identification card, as defined by this act, to transfer said card to any other person for the purpose of aiding such person to secure alcoholic beverages or cannabis items available for law…

33:1-81.8. Alcoholic beverage licensee not relieved from liabilities by presentation The fact of the possession or presentation of the identification card prescribed by this act by any person in connection with the purchase or attempted purchase, of any alcoholic beverage from an…

33:1-85. Retail licensees to sell or possess alcohol only pursuant to special permit No retail licensee shall sell, offer for sale or possess in or upon the licensed premises nor shall any person sell or offer for sale at retail to consumers any alcohol for any purpose, except pu…

33:1-86. Punishment for violating section 33:1-85 Any person who sells or offers for sale, or any retail licensee who sells, offers for sale or possesses alcohol in violation of this act shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than …

33:1-87. Exemptions from provisions of act Nothing herein contained shall apply to the sale or possession of alcohol which is not intended for beverage purposes and has been denatured or otherwise rendered unfit in fact for beverage purposes, nor with the possession of alcohol fo…

33:1-88. Alcoholic beverage deemed prima facie illicit; no label; false label; no indicia of tax payment Any alcoholic beverage in any keg, barrel, can, bottle, flask or similar container shall, in any proceeding under the chapter which this act supplements, be deemed prima facie…

33:1-89. Discrimination in price to retailers prohibited It shall be unlawful for any manufacturer, wholesaler, or other person privileged to sell to retailers to discriminate in price, directly or indirectly, between different retailers purchasing alcoholic beverages other than …

33:1-9. Classes of licenses Licenses shall be of the following classes: Class A--Manufacturer's license. Class B--Wholesaler's license. Class C--Retailer's license. Class D--Transportation license. Class E--Public warehouse license.

33:1-90. Discounts, rebates or other allowances to retailers It shall be unlawful for any manufacturer, wholesaler, or other person privileged to sell to retailers to grant, directly or indirectly, to any retailer purchasing alcoholic beverages other than malt beverages, any disc…

33:1-91. Participation in unlawful transactions prohibited It shall be unlawful for any manufacturer, wholesaler, retailer and for any of their stockholders, officers, directors and employees, to participate, directly or indirectly, in any transactions which are declared unlawful…

33:1-92. Penalties Violation of this act shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than thirty (30) days or by both such fine and imprisonment in the discretion of the court. L.1939, c. 87, p. 175, s. 4.

33:1-93. Regulation of sales to retailers The Director of the Division of Alcoholic Beverage Control is hereby vested with power to promulgate such rules and regulations on the following subjects as will assist in properly supervising the alcoholic beverage industry: (a) maximum …

33:1-93.10. Rules and regulations The director shall adopt and promulgate such rules and regulations as may be necessary to carry out and insure compliance with the provisions of this act. L.1966, c. 59, s. 5.

33:1-93.11. Repeal "An act concerning alcoholic beverages, and supplementing chapter 1 of Title 33 of the Revised Statutes," approved June 25, 1942, is repealed. L.1966, c. 59, s. 6.