Lena Savoie
Alcohol delivery services are now permitted in New Jersey, with the state recently introducing a third-party delivery permit. This allows liquor-serving establishments to contract with third-party delivery services like UberEats, DoorDash, Instacart, and Amazon Flex to deliver alcoholic beverages to customers' doorsteps. Prior to this change, only licensed retailers and transporters could deliver alcohol, and the delivery had to be conducted by a store employee with a vehicle owned and insured by the store. Now, third-party delivery services can enter formal agreements with restaurants, bars, and liquor stores to make deliveries on their behalf, with certain restrictions in place, such as prohibiting deliveries to college campuses.
| Characteristics | Values |
|---|---|
| Legal age to purchase alcohol | 21 |
| Legal age to own a liquor license | 18 |
| Legal age to sell or serve alcohol | 18 |
| Minors allowed to enter licensed establishments | Yes |
| Minors allowed to consume alcohol in licensed establishments | No |
| Minors allowed to consume alcohol in private locations without adult relatives | Yes |
| Minors allowed to consume alcohol in private locations with adult relatives | Depends on municipality |
| Minors allowed to consume alcohol in public schools | Yes |
| Minors allowed to consume alcohol at religious observances, ceremonies, or rites | Yes |
| Third-party delivery services allowed | Yes |
| Third-party delivery services requiring permits | Yes |
| Third-party delivery services requiring agreements with retailers | Yes |
| Third-party delivery services allowed to deliver to college campuses | No |
| Third-party delivery services allowed to deliver to visibly intoxicated persons | No |
| Third-party delivery services allowed to leave alcoholic beverages unattended | No |
| Third-party delivery services allowed to store alcoholic beverages overnight | No |
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What You'll Learn
- Third-party delivery services, like UberEats, are now allowed to deliver alcohol in New Jersey
- The driver must ensure the recipient is 21 or older and not intoxicated
- Alcohol cannot be delivered to college campuses
- Only licensed retailers and transporters can deliver alcohol
- Minors can consume alcohol in private locations without adult relatives
Third-party delivery services, like UberEats, are now allowed to deliver alcohol in New Jersey
New Jersey has strict laws surrounding the sale and distribution of alcohol. While it is legal for liquor stores and some restaurants to deliver alcoholic beverages, there are many rules and regulations that must be followed. For example, the recipient must be over 21, and the delivery must not be left unattended.
Historically, only licensed retailers and transporters could deliver alcohol in New Jersey. Brew pubs were also temporarily allowed to deliver during the COVID-19 pandemic. However, this privilege was always going to be revoked, and the industry has been pushing for permanent change.
In August 2022, the Division of Alcoholic Beverage Control (ABC) issued a special ruling that allows third-party delivery services like DoorDash, Instacart, and Amazon Flex to deliver alcoholic beverages – including cocktails “to go” – from restaurants, bars, and liquor stores to customers’ doorsteps. UberEats has also started delivering alcohol in New Jersey, although it uses Drizly to fulfil these orders.
The Third-Party Delivery Permit, authorised by ABC Special Ruling 2022, is a game-changer for New Jersey's alcoholic beverage industry. It allows delivery services to enter formal agreements with restaurants, bars, and liquor stores to make deliveries on their behalf. This will enable many more businesses to offer alcohol delivery, as they will no longer need to employ staff or own vehicles and insurance to run deliveries themselves.
However, there are strict conditions and restrictions that must be followed by third-party delivery services. These include not delivering alcohol to college campuses and ensuring that the recipient is not intoxicated or underage. Violations of these rules could result in suspension or revocation of the permit.
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The driver must ensure the recipient is 21 or older and not intoxicated
In New Jersey, a person must be at least 21 years old to purchase alcoholic beverages in a retail establishment. It is the driver's responsibility to ensure that the recipient of the alcohol is 21 or older and not intoxicated. This is in line with the Special Ruling issued by the Division of Alcoholic Beverage Control (ABC), which permits third-party delivery services like DoorDash, Instacart, and Amazon Flex to deliver alcoholic beverages to customers' doorsteps.
The ruling creates the Third-Party Delivery Permit, which allows liquor-serving establishments to contract with these delivery services. The permit includes safeguards to ensure orderly, controlled, verifiable, and accountable deliveries of alcoholic beverages. It is the responsibility of the Third-Party Delivery Permittee to ensure that its delivery workers comply with the approved method of operation and the permit's conditions and restrictions.
One of the key prohibitions is delivering alcoholic beverages to customers who are actually or apparently intoxicated or under the legal age to purchase or consume alcohol. The driver must refuse delivery if the customer is underage or intoxicated and return the alcoholic beverages to the retail licensee. This is a crucial aspect of the ruling, as it helps to maintain safety and preserve the legislative intent of the Alcoholic Beverage Control Act.
In addition to the Third-Party Delivery Permit, ABC regulations also require that alcoholic beverages being delivered are paid for in advance and that the delivery takes place when the licensed establishment is permitted to be open. These regulations apply to both third-party delivery services and deliveries made directly by licensed retailers and transporters. Overall, these rules aim to balance the growth of New Jersey's alcoholic beverage industry with the need for safe and responsible alcohol distribution.
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Alcohol cannot be delivered to college campuses
Alcohol consumption and distribution are regulated by a variety of laws in the state of New Jersey. While it is legal for liquor stores or third-party delivery services to deliver alcoholic beverages to private residences, there are several restrictions in place, including a prohibition on deliveries to college campuses.
In New Jersey, the legal age to purchase and consume alcoholic beverages is 21. Federal law requires colleges and universities that accept federal financial aid to enforce policies sanctioning students who violate underage drinking laws. Ramapo College of New Jersey, for example, prohibits the delivery of alcoholic beverages to campus, with the exception of authorised events. The college also bans kegs, beer balls, and multi-quart containers of alcohol in residence areas, as well as the possession of grain alcohol and caffeinated alcoholic energy drinks.
The state's history with alcohol dates back to the colonial period, when winemakers received recognition for their high-quality wines. However, the temperance movement and Prohibition (1919-1933) significantly impacted the industry, with many breweries, wineries, and distilleries closing or relocating. While restrictions have since been loosened, New Jersey still has strict liquor laws.
To comply with federal law, which prohibits shipping alcoholic beverages through the mail, New Jersey requires a liquor license to transport alcohol. While it is uncommon, liquor stores can legally deliver alcohol to private residences by car or van. Third-party delivery services like DoorDash, Instacart, and Amazon Flex are now permitted to deliver alcoholic beverages, including cocktails, from restaurants, bars, and liquor stores to customers' homes. However, these services are prohibited from delivering alcohol to college campuses, and they must ensure that recipients are of legal age and not intoxicated.
Overall, while alcohol delivery is legal in New Jersey, it is restricted on college campuses to enforce underage drinking laws and promote a safe environment for students.
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Only licensed retailers and transporters can deliver alcohol
Alcohol delivery laws in New Jersey have been notoriously strict, with the state's liquor laws dating back to the Prohibition Era. However, recent changes have been made to modernise the industry and allow third-party delivery services to enter the market.
Previously, only licensed retailers and transporters could deliver alcohol in New Jersey. This included liquor stores, bars, and restaurants with the appropriate licenses. These establishments were permitted to deliver alcoholic beverages to customers' homes, provided they complied with certain regulations, such as ensuring the recipient was over 21 years old and not intoxicated.
In August 2022, the Division of Alcoholic Beverage Control (ABC) issued a special ruling, allowing third-party delivery services like DoorDash, Instacart, and Amazon Flex to enter the market. This ruling created the "Third-Party Delivery Permit," which permits these delivery services to enter formal agreements with licensed establishments to deliver alcoholic beverages on their behalf.
The introduction of third-party delivery services has been applauded as a step forward, providing economic stimulus to the industry while maintaining compliance with New Jersey's strict liquor laws. However, it is important to note that the responsibility for ensuring compliance with these laws falls on both the delivery services and the licensed establishments.
While the change allows for greater convenience and options for consumers, it also presents new challenges and considerations for the industry, particularly regarding the safe and responsible delivery of alcoholic beverages.
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Minors can consume alcohol in private locations without adult relatives
In New Jersey, there is no state law prohibiting the consumption of alcohol by minors while on private property. However, it is important to note that about a quarter of municipalities in New Jersey have ordinances in place that prohibit underage drinking unless parents or adult relatives are present.
In 2000, a bill was passed in New Jersey that criminalized underage consumption of alcoholic beverages on private property. However, this bill was vetoed by Governor Christine Whitman due to privacy concerns. Later that year, a revised bill was signed, allowing municipalities to decide whether to implement such a policy. This bill also included lighter penalties for underage drinkers and allowed for exceptions when alcohol was provided by a relative.
According to New Jersey law, minors may possess and consume alcohol in a private location without an adult relative present, as long as it is in a town without an ordinance prohibiting it. It is important to note that it is not legal to serve a minor or allow a property to be used for underage drinking, but it is legal for the minor to consume alcohol. Additionally, a minor must be at least 21 years old to purchase alcoholic beverages in a retail establishment or to possess or consume alcohol in a public or semi-public area.
In terms of alcohol delivery in New Jersey, there are specific regulations in place. Third-party delivery services like DoorDash, Instacart, and Amazon Flex are permitted to deliver alcoholic beverages, including cocktails, from restaurants, bars, and liquor stores to customers' doorsteps. However, there are certain prohibitions in place, including not delivering alcoholic beverages to customers who are underage or apparently intoxicated.
Additionally, New Jersey has specific laws regarding the service of alcohol to minors in licensed establishments. While it is illegal to sell alcohol to those under 21, minors are allowed to enter such establishments, and there is no state law prohibiting bars and nightclubs from hosting events with underage attendees.
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Frequently asked questions
Yes, it is legal to deliver alcohol in New Jersey.
Only licensed retailers and transporters can deliver alcoholic beverages in New Jersey. Brew pubs were allowed to make deliveries under an executive order during the COVID emergency, but this privilege will expire.
Yes, a new ruling allows third-party delivery services like DoorDash, Instacart, and Amazon Flex to deliver alcoholic beverages from restaurants, bars, and liquor stores to customers.
The driver must ensure that the recipient is 21 or older and not visibly intoxicated. Alcohol cannot be delivered to college campuses. The vehicle must be owned and insured by the store and registered with the state ABC for a transport license.
Yes, alcohol can be delivered to residential addresses in New Jersey.
