Bill Text: NJ A1879 | 2016-2017 | Regular Session | Introduced
Bill Title: Expands cities permitted to regulate days and hours when packaged goods may be sold.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (N/A - Dead) 2016-01-27 - INT 1RA REF ARO [A1879 Detail]
Download: New_Jersey-2016-A1879-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Giblin
SYNOPSIS
Expands cities permitted to regulate days and hours when packaged goods may be sold.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning municipal regulation of the sale of wine and beer for off-premises consumption and amending P.L.1971, c.184.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1971, c.184 (C.33:1-40.3) is amended to read as follows:
1. Whenever the sale of alcoholic beverages for consumption on the premises and off the premises or either thereof is authorized in any municipality by ordinance or rule or regulation of the Division of Alcoholic Beverage Control, by the holder of a retail consumption or retail distribution license, such ordinance or rule shall authorize the sale of wine and malt alcoholic beverages in original bottle or can containers for consumption off the premises on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises is permitted and authorized in the municipality. If a municipality has no ordinance or local law that authorizes the sale of alcoholic beverages for consumption on the premises, then the municipality may by ordinance authorize the sale of wine and malt alcoholic beverages in original bottle or can containers by retail distribution licensees any time between the hours of 12:30 p.m. and 6:30 p.m. on Sunday, in addition to such weekday hours as may be authorized by ordinance.
Notwithstanding the provisions of this section or any other law to the contrary, a city [of the first class] with a population exceeding 100,000 according to the 2010 federal census may establish by ordinance separate hours for:
(1) sales by each type of retail license set forth in R.S.33:1-12, and
(2) sales by such licensees for consumption on the premises and consumption off the premises.
All parts of ordinances and regulations of the Director of the Division of Alcoholic Beverage Control inconsistent with the provisions of this act are superseded to the extent of such inconsistency.
(cf: P.L.1997, c.54, s.1)
2. This act shall take
effect immediately.
STATEMENT
This bill permits cities with a population exceeding 100,000 according to the 2010 federal census to regulate the days and hours when wine and beer in original containers may be sold for consumption off the premises, commonly referred to as package goods.
Under current law, municipalities are required to permit the sale of package goods on the same days and during the same hours that the sale of alcoholic beverages is permitted for on-premises consumption in bars and restaurants. An exception currently exists for cities of the first class, which may set different times for the sale of package goods and the sale of alcoholic beverages in bars and restaurants. Cities of the first class are Newark and Jersey City.
This bill expands the municipalities that are permitted to regulate the days and hours when package goods may be sold from cities of the first class to cities with a population of more than 100,000 according to the 2010 federal census. It is the sponsor's understanding that the additional cities included under the bill are Paterson and Elizabeth.
