From the time of New Jersey's founding as an English colony in 1664 up to the present century, government regulation of taverns has attempted to accomplish two, often conflicting, objectives: first, to encourage the keeping of taverns as places to accommodate travelers and to hold public business; and second, to prevent taverns from becoming havens of drunkenness, gambling, and other vices. This is reflected in legislation enacted during the proprietary period, which included, among others regulations, licensing of taverns in 1664, requiring "ordinaries" in East Jersey towns in 1668, and prohibiting the sale of liquor on Sunday in 1704 (see Charles A. Boyer..., NJA...).

It was not until 1739, however, that the colony enacted comprehensive legislation in "An Act for regulating Taverns, Ordinaries, Inn-keepers and Retailers of strong Liquors" (NJA, 3rd Series, v. II, p. 493). This law introduced a number of restrictions affecting both the process of granting tavern licenses and the daily operation of taverns. For example, the law set a license fee, established a special yearly tavern tax, and required that the granting of the one-year license be recorded in the minutes of the Court of General Quarter Sessions. It also prohibited the granting of tavern licenses to sheriffs, under-sheriffs, and jailkeepers. Probably one of the most drastic provisions of the law was its authorizing county justices to fix the prices for liquor, meat, entertainment, and stabling of horses. The law also prohibited gaming in taverns and the serving of liquor to Indians or to apprentices, servants, or slaves without express permission from their masters. Finally, the 1739 law imposed a 20-shilling fine on any tavern keeper who encouraged a customer to spend much of his or her time in an idle manner at his tavern, or supplied the customer with more liquor than was "absolutely necessary for his or her Refreshment."

Laws passed, 1764-1790 - For nearly sixty years, the 1739 tavern law remained in effect with only a few substantial additions. One was passed in the 1764 "Act for regulating Constables and Vendues, and for better regulating Taverns" intended to more effectively prevent taverns from becoming places of gaming, drunkeness and other Vices (NJA, 3rd Series, v. IV, p. 233). This law required that tavern keepers have, among other accommodations, at least two good spare featherbeds. It established a fine on any tavern petition subscriber found having attempted to impose an undeserving character on the court or having falsely described tavern accommodations. The 1764 law also imposed penalties for encouraging "Drunkeness, Revelling or Frolicking."

In 1768, a law was passed requiring that petitions for tavern license include the signature of six freeholders of the neighborhood (NJA, 3rd Series, v. IV, p. 469). The number was increased to ten by a 1790 law, which also stipulated that only enough taverns be licensed as shall "in reality be necessary for the accommodating of travelers, and the convenience of carrying on the public business of the county" (P.L. 1790, chap. 310, p. 617). The county courts were authorized at that time to raise the licensing fee to not less than £4 and not more than £20. To counter-balance the rise in fee, however, the act repealed all previous legislative provisions allowing for special tax assessments on taverns.

The 1797 Tavern Law - In 1797, the state's tavern law was again completely rewritten. In form, the new law resembled the 1739 legislation, essentially continuing existing restrictions and updating fine amounts. Several provisions affecting the licensing process were also added, however. First of all, the law required that license applications be approved by the chosen freeholders, commissioners of appeal, and the overseers of the poor, or at least two thirds of them in the township or precinct in which the tavern was located (P.L. 1797, chap. 638, p. 180). The tavern keeper was to be bound by recognizance to the state in the sum of $100, with two sureties bound in the sum of $50 each. The license fee was set at $1.00, but the court was authorized to make an additional assessment on the tavern before the license was granted based on location and profitability. The 1797 law also prohibited shopkeepers from being granted tavern licenses (but subjected the same to a fine of $16 for encouraging drunkenness, "reveling," or "frolicking").

Other provisions in 1797 further regulated tavern operation. For example, tavern keepers were subject to a $3 fine for insufficient accommodations. Gaming by lot or chance in taverns was prohibited--specifically cock-fighting, card and dice games, and billiards. Any tavern keeper convicted of drunkenness in his own inn would have his license immediately revoked in addition to any fine imposed by the court for drunkenness. The court was also authorized to revoke or annul a license for offense against any other part of the act.

19th-Century Tavern Legislation - The 1797 law remained in effect, largely unchanged, for the next half-century. In 1801, the number of subscribing freeholders was raised from ten to twelve (P.L. 1801, chap. 28, p. 61). In 1814, "An Act to prevent tipling houses" acknowledged that previous measures to prevent the sale of liquor in small quantities had proved inadequate, and made the offense of selling without a license a misdemeanor and subject to a fine (P.L. 1814, p. 78). In 1819, it was required that applications for tavern licenses be presented to the court on the first day of the term ensuing; rejected applicants had to wait until the following term (P.L. 1819, p. 28). Also, it became illegal to keep up a tavern sign without a license, with a penalty of $5 per month for doing so.

The actual license application and granting process was further prescribed in 1820 (P.L. 1820, p. 150). At that time, clerks were required to make lists of the names of licensed tavern keepers at least once a year (a similar provision had been enacted in the 1739 law, but had not been carried forward in 1797). The 1820 legislation also repealed the section of the 1797 law requiring two-thirds approval of petitions by the township officers, as well as the 1814 and 1819 laws mentioned above. 1829 legislation stipulated that applicants wait at least a year after rejection before reapplying (P.L. 1829, p. 39).

In 1846, a new, comprehensive "Act concerning inns and taverns" was passed (Senate Revised Laws, April 17, 1846). This law essentially repeated the provisions of the 1797 with certain additions. Sheriffs and jail keepers, who were still prohibited from obtaining tavern licenses, were now specifically directed not to sell liquors or food in jails and courthouses. Freeholders signing tavern petitions could not recommend another applicant in the county within the same year. And licenses could now be obtained for "temperance inns and taverns," subject to the same regulations for petitions for taverns selling liquor.

While public opposition to the granting of tavern licenses was undoubtedly present throughout New Jersey's history, it was not until 1847 that any real legislative measure was taken to give local inhabitants the power to decide whether to allow taverns in specific municipalities (P.L. 1847, p. 158). This law authorized towns to hold elections to decide this question and stipulated that a "no" vote could only be overturned by another public election.

Supplements to the 1846 legislation were enacted in 1879. The court of common pleas could grant licenses in cities, towns and counties of a specific population (using the 1875 census as a basis), but the license fees would be transferred to the cities or towns in which the licenses were granted (P.L. 1879, chapter 47, p. 179). Clerks of the courts of common pleas were required to record in the court minutes the names of all persons who had been granted licenses, as well as those names of persons who had neglected or refused to do so. The court was given the power to revoke licenses, and a clerk who neglected his duties would be fined $20 (P.L. 1879, chapter 80, p. 216).

"An act to regulate the sale of ale, strong beer, lager, port, wine and other malt liquors" (P.L. 1872, chapter 533, p. 81), applied to sales of quantities of less than a quart (except as medicine) and drunk on the same premises. The procedures for applying for licenses were the same, except that the kind or kinds of malt liquors as well as the place of business must be included in the petition.

In 1883, legislation required that the license applicant clearly designate the building in which the proposed tavern was to be held (P.L. 1883, chap. 145, p. 194). Further, the freeholders recommending the application were required to clearly designate their addresses and the nature of the real property which qualified them to sign as a freeholder.

Penalties for selling distilled and malt liquors without a license were set at not exceeding one thousand dollars and/or imprisonment not exceeding two years ("An Act to regulate the sale of distilled and malt liquors," P.L. 1888, chapter 30, p. 41). But soon afterwards, a new act "to regulate the sale of intoxicating and brewed liquors," (P.L. 1988, chapter 110, p. 142), set the penalties less severely at a sum not exceeding $200, or imprisonment in the county jail for a term not exceeding six months, plus the costs of prosecution. This latter act also set licenses fees, forbade the sale of liquor on Sunday, or the sale to minors. Licenses holders would lose their licenses if they kept disorderly houses or harbored "drunked persons, vagrants, idle and vicious persons, thieves, gamblers, prostitutes or other disorderly persons," or allowed gambling. Those violating the terms of the law would be disqualified from reapplying for a license for one year. No liquor licenses would be granted to grocery stores or mercantile businesses.

The petition and election procedures for those counties wishing to prohibit the sale of spirituous liquors wee also prescribed here. Petitions must be signed by one-tenth of the legal voters, and the election must be separate and distinct from any other elections. In fact, elections could not be held within sixty days of other elections. After an election had been held to determine whether to permit the sale of liquor within the county, no new election could be held within three years, no matter what the outcome. For those who already held licenses where an election prohibited the further sale of licenses, that person could keep his/her licenses until its expiration.

Also in 1888, the boards of councilmen of incorporated towns were granted the power to license and regulate taverns and inns and the sale of liquors, and to set terms, collect fees, and collect penalties. Ordinances regarding the licensing and regulation would be by a four-fifths majority of the board (P.L. 1888, chapter 179, p. 225). There were many revisions of the laws to regulate inns and taverns and of the law to regulate the sale of liquors concerning the classification of the town or city and the renewal of licenses. See P.L. 1892, chapter 6, p. 16; P.L. 1892, chapter 38, p. 57; P.L. 1892, chapter 179, p. 302; and P.L. 1901, chapter 184, p. 384).

A supplement to the 1846 act allowed the court of common pleas to transfer licenses, but only for the length of the unexpired term and if the license was for the same place as the original license (P.L. 1889, chapter 154, p. 265). Transfer of licenses were extended to executors or administrators of estates in 1891, but again the licenses would only be valid for the unexpired term (P.L. 1891, chapter 190, p. 367).

Another supplement allowed corporations duly incorporated under the laws of the state of New Jersey to be granted a license under the same terms as an individual's license (P.L. 1891, chapter 140, p. 274).

In 1891, renewals for licenses for keeping inns, taverns, saloons or victualing houses did not require freeholders' signatures (P.L. 1891, chapter 3, p. 12). Also in 1891 provisions were made to account for the transfer or revocation of licenses when a tenant abandoned his premises. If the licensee requested that the license be transferred, the new holder would be required to pay a pro-rated share of fees. If the tenant did not request a transfer, or did not request that his license be transferred to another place, the court could revoke his license. The new owner or tenant could then apply for a license, abiding by the same rules as any new petitioner (P.L. 1891, chapter 213, p. 405). No license to keep an inn or tavern or to sell spirituous liquors would be granted within the limits of lands owned or controlled by camp-meetings or for religious worship, or within one mile of such lands, beginning in 1896 (P.L. 1896, chapter 26, p. 53). Also no elections--national, state, or municipal--could be held in a barroom of any inn, tavern, or saloon where intoxicating liquors were licensed to be sold (P.L. 1896, chapter 16, p. 37).