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Posted by / 01-Jan-2018 11:23

Licenses permitting on-premises retail sale and consumption of alcoholic beverages (i.e.

bars and restaurants) are allocated at a ratio of one license for 3,000 residents.

Corporations are limited to two retail distribution licenses, making it impractical for chain stores to sell alcoholic beverages; this restriction, in conjunction with municipal ordinances, severely limits supermarket and convenience store chains from selling beer as they do in many other states.

State law treats drunk driving as a traffic offense rather than a crime, and permits individual municipalities to define the scope of underage drinking laws.

In addition to granting local governments wide latitude over liquor sales, New Jersey law has some other unusual features.The number of retail licenses available is determined by a municipality's population, and may be further limited by the town's governing body.As a result, the availability of alcohol and regulations governing it vary significantly from town to town.General authority for the statutory and regulatory control of alcoholic beverages rests with the state government, particularly the Division of Alcoholic Beverage Control overseen by the state's Attorney General.Under home rule, New Jersey law grants individual municipalities substantial discretion in passing ordinances regulating the sale and consumption of alcoholic beverages within their limits.

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(3) Where the victim is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability or developmental disability, whether temporary or permanent, of giving legal consent.(5) Where the victim is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anaesthetic substance.(6) Where the victim is prevented from resistance due to an objectively reasonable belief that resistance would be futile or that resistance would result in force or violence beyond that necessary to accomplish the prohibited contact.(7) Where the victim is at the time unconscious of the nature of the act.

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