page_title: Alcohol laws of New Jersey
section_title: Federal lands
hierarchical_section_title: Alcohol laws of New Jersey / Areas outside state ABC jurisdiction / Federal lands
caption_attribution_description: English: One of the beaches of Sandy Hook, New Jersey
context_page_description: The state laws governing alcoholic drinks in New Jersey are among the most complex in the United States, with many peculiarities not found in other states' laws. They provide for 29 distinct liquor licenses granted to manufacturers, wholesalers, retailers, and for the public warehousing and transport of alcoholic drinks. General authority for the statutory and regulatory control of alcoholic drinks 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 drinks within their limits. 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. A small percentage of municipalities in the state are "dry towns" that do not allow alcoholic drinks to be sold, and do not issue retail licenses for bars or restaurants to serve alcohol to patrons.
context_section_description: The applicability of state and municipal alcohol laws on federal lands is a complex and partially unresolved legal issue that depends on whether the federal property is considered a federal enclave, what rights the state reserved when it granted the property to the federal government, and whether the law is criminal or civil. If the federal property is not an enclave, the federal government either has concurrent jurisdiction (shared authority with the state) or proprietary jurisdiction (only the rights of a landowner), and the state can enforce alcohol laws.
  If the federal property is an enclave, then the federal government has exclusive jurisdiction, unless the state reserved rights when it ceded the land to the federal government. The Assimilative Crimes Act makes it a federal crime to violate a state law while at a federal enclave in that state. The Assimilative Crimes Act only applies to criminal laws (not regulatory laws), and is not applicable if the conduct is already regulated by federal law. Under federal law, military facilities are required to adopt state traffic laws, but the base commander is permitted to institute additional traffic laws.
  In New Jersey, older Department of Defense and Department of Interior properties such as Fort Dix and parts of Sandy Hook are federal enclaves, but most other federal properties are not enclaves. Because New Jersey generally did not reserve any right to regulate federal enclaves, state liquor licensing rules and alcohol taxes cannot be enforced. There is no universal policy regarding the sale of alcoholic beverages on federal lands, but almost all military bases, and some national parks allow for alcohol concessions, both for on-premises or off-premises consumption.
  Unlike the state, federal agencies which allow alcohol sales do not have a system of liquor licenses or alcoholic beverage control boards, but instead simply award contracts to business per federal procurement laws. New Jersey does not consider municipal ordinances to be criminal offenses, and so open container laws cannot be enforced in federal enclaves under the Assimilative Crimes Act. Public consumption of alcohol is allowed on federal lands, except when in an automobile, or when the park superintendent has prohibited open containers in an area. For example, it is legal to consume alcoholic beverages on the beach at Sandy Hook.
  Because DUI in New Jersey is a non-criminal traffic violation, state DUI laws are not subject to the Assimilative Crimes Act. Members of the Armed Forces can be court martialed for drunk driving, military bases can enforce New Jersey traffic law on civilians, and it is a misdemeanor under federal law to drive while intoxicated on land administered by the National Park Service, the Department of Veterans Affairs, or the Postal Service. Similar to New Jersey, federal DUI statutes prohibit the operation of a motor vehicle while having a BAC of 0.08% or greater, and require a driver to give a breath sample if requested by a law enforcement authority.
  Federal DUI law differs from New Jersey law in that there are no mandatory minimum jail sentences, irrespective of the number of previous DUI convictions, and plea bargaining is allowed. A federal DUI conviction will result in unexpungeable criminal record. Federal courts cannot suspend a driver's license, but may notify the New Jersey Motor Vehicle Commission of a DUI conviction. In federal enclaves that are under the jurisdiction of other federal departments (e.g. Fish and Wildlife Service), it is unclear if drunk driving could be prosecuted since the Assimilative Crimes Act is inapplicable, and there is no federal law defining DUI on those properties.
  Under federal law, the drinking age for the Armed Forces is the same as the state or nation where the military base is located, or the drinking age of a state or nation within 50 miles of the base. Effectively, that restricts the purchase of alcohol at New Jersey military bases to those over 21. Irrespective of state laws on underage consumption, the Army, Navy, Air Force, and Coast Guard pr
caption: Sandy Hook is one of the few places in New Jersey where alcohol may be consumed on a beach without a permit.
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