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My husband is an alcoholic & I understand makes his own choices. I am doing all I can to prevent him from drinking and all I can really do aside from follow him everywhere is to make sure he has no money on him. That is all the control I have. He has finally agreed to go to AA...However..the liquor store down the street keeps giving him FREE bottles of vodka. Can I sue them for this ? My husband has told me he gets them for free...eventually he pops in to pay his tab but the damage is already done at that point.
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Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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The Alcoholic Beverage Commission (ABC) in New Jersey is governed by Title 33 of the New Jersey Statutes Annotated. In these statutes, there is no mention of prohibition of sale to anyone unless they appear intoxicated or are a minor. Should they have sold him alcohol and he was obviously intoxicated or a minor, there are criminal statutes that the store would be guilty of violating. There is no legal precedent to take legal action to prevent a store from selling a lawful item to a lawful customer. Nor is there any prohibition against selling alcohol on a line of credit, which is essentially what a bar tab / store tab would be. Unfortunately, that leaves you without a legal solution to this problem.
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Answered on Jul 25th, 2013 at 2:50 PM