New Jersey § 1-1

§ 1-1.

For the purpose of this chapter, the following words and terms shall be deemed to

have the meanings herein given to them: a. “ Alcohol .” Ethyl alcohol, hydrated oxide of ethyl or neutral spirits from whatever source or

by whatever process produced. b. “ Alcoholic beverage .” 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%)

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. c. “ Building .” A structure of which licensed premises are or may be a part, including all rooms,

cellars, outbuildings, passageways, closets, vaults, yards, attics, and every part

of the structure of which the licensed premises are a part, and of any other structure

to which there is a common means of access, and any other appurtenances. d. “ Commissioner .” The Director of the Division of Alcoholic Beverage Control. e. “ Container .” Any glass, can, bottle, vessel or receptacle of any material whatsoever used for holding

alcoholic beverages, which container is covered, corked or sealed in any manner whatsoever. f. “ Eligible .” The status of a person who is a citizen of the United States, a resident of this State,

of good moral character and repute, and of legal age. g. “ Governing board or body .” The board or body which governs a municipality, including a board of aldermen in municipalities

so governed; but in every municipality having a board of public works which exercises

general licensing powers such board shall be considered as the governing board or

body. h. “ Importing .” The act of bringing or causing to be brought any alcoholic beverage into this State. i. “ Illicit beverage .” Any alcoholic beverage manufactured, distributed, bought, sold, bottled, rectified,

blended, treated, fortified, mixed, processed, warehoused, possessed or transported

in violation of this chapter, or on which any federal tax or tax imposed by the laws

of this State has not been paid; and any alcoholic beverage possessed, kept, stored,

owned or imported with intent to manufacture, sell, distribute, bottle, rectify, blend,

treat, fortify, mix, process, warehouse or transport in violation of the provisions

of this chapter. j. “ Licensed building .” Any building containing licensed premises. k. “ Licensed premises .” Any premises for which a license under this chapter is in force and effect. l . “ Magistrate .” The Superior Court or municipal court. m. “ Manufacturer .” Any person who, directly or indirectly, personally or through any agency whatsoever,

engages in the making or other processing whatsoever of alcoholic beverages. n. “ Municipality .” Any city, town, township, village, or borough, including a municipality governed by

a board of commissioners or improvement commission, but excluding a county. o . “ Municipal board .” The municipal board of alcoholic beverage control as established by this chapter. p. “ Officer .” Any sheriff, deputy sheriff, police officer, member of the Division of State Police, or any other person having

the power to execute a warrant for arrest, or any inspector or investigator of the

Division of Alcoholic Beverage Control. q. “ Original container .” Any container in which an alcoholic beverage has been delivered to a retail licensee. r. “ Person .” Any natural person or association of natural persons, association, trust company,

partnership, corporation, organization, or the manager, agent, servant, officer, or

employee of any of them. s. “ Premises .” The physical place at which a licensee is or may be licensed to conduct and carry

on the manufacture, distribution or sale of alcoholic beverages, but not including

vehicular transportation. t. “ Restaurant .” An establishment regularly and principally 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. u. “ Retailer .” Any person who sells alcoholic beverages to consumers. v. “ Rules and regulations .” The rules and regulations established from time to time by the director. w. “ Sale .” Every delivery of an alcoholic beverage otherwise than by purely gratuitous title,

including deliveries from without this State and deliveries by any person without

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, possessing with intent to sell,

and the gratuitous delivery or gift of any alcoholic beverage by any licensee. x. “ Unlawful alcoholic beverage activity .” The manufacture, sale, distribution, bottling, rectifying, blending, treating, fortifying,

mixing, processing, warehousing or transportation of any alcoholic beverage in violation

of this chapter, or the importing, owning, possessing, keeping or storing in this

State of alcoholic beverages with intent to manufacture, sell, distribute, bottle,

rectify, blend, treat, fortify, mix, process, warehouse or transport alcoholic beverages

in violation of this chapter, or the owning, possessing, keeping or storing in this

State of any implement or paraphernalia for the manufacture, sale, distribution, bottling,

rectifying, blending, treating, fortifying, mixing, processing, warehousing or transportation

of alcoholic beverages with intent to use the same in the manufacture, sale, distribution,

bottling, rectifying, blending, treating, fortifying, mixing, processing, warehousing

or transportation of alcoholic beverages in violation of this chapter, or to aid or

abet another in the manufacture, sale, distribution, bottling, rectifying, blending,

treating, fortifying, mixing, processing, warehousing or transportation of alcoholic

beverages in violation of this chapter, or the aiding or abetting of another in any

of the foregoing activities. y. “ Unlawful property .” All illicit beverages and all implements, vehicles, vessels, airplanes, and paraphernalia

for the manufacture, sale, distribution, bottling, rectifying, blending, treating,

fortifying, mixing, processing, warehousing or transportation of illicit beverages

used in the manufacture, sale, distribution, bottling, rectifying, blending, treating,

fortifying, mixing, processing, warehousing or transportation of illicit beverages

or owned, possessed, kept or stored with intent to use the same in the manufacture,

sale, distribution, bottling, rectifying, blending, treating, fortifying, mixing,

processing, warehousing or transportation of illicit beverages, whether such use be

by the person owning, possessing, keeping, or storing the same, or by another with

the consent of such person; and all alcoholic beverages, fixtures and personal property

located in or upon any premises, building, yard or inclosure connected with a building,

in which an illicit beverage is found, possessed, stored or kept. z. “ Wholesaler .” Any person who sells an alcoholic beverage for the purpose of resale either to a licensed

wholesaler or to a licensed retailer, or both. aa. “ Limousine .” A motor vehicle used in the business of carrying passengers for hire to provide prearranged

passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis

that is not conducted on a regular route, or is furnished without fare as an accommodation

for a patron in connection with other business purposes, and with a seating capacity

in no event of more than 14 passengers, not including the driver, provided, that such

a motor vehicle shall not have a seating capacity in excess of four passengers, not

including the driver, beyond the maximum passenger seating capacity of the vehicle,

not including the driver, at the time of manufacture. This shall not include taxicabs, hotel or airport shuttles and buses, buses employed

solely in transporting school children or teachers to and from school, vehicles owned

and operated directly or indirectly by businesses engaged in the practice of mortuary

science when those vehicles are used exclusively for providing transportation related

to the provision of funeral services or vehicles owned and operated without charge

or remuneration by a business entity for its own purposes. bb. “ Entertainment facility ” is a privately-owned facility in which athletic, commercial, cultural, or artistic

events are featured. cc. “ Powdered alcohol .” Any powder or crystalline substance containing alcohol, as defined in subsection a.

of this section, produced for human consumption. Any definition herein contained shall apply to the same word in any form. Thus “ sell ” means to make a “sale” as above defined.