Bill Text: NJ A2453 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits restaurants without a liquor license to advertise that they are BYOB or a winery salesroom.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (N/A - Dead) 2016-02-04 - INT 1RA REF ARO [A2453 Detail]
Download: New_Jersey-2016-A2453-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Permits restaurants without a liquor license to advertise that they are BYOB or a winery salesroom.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning restaurants that are not licensed for the sale of alcoholic beverages and amending P.L.1999, c.90.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1999, c.90 (C.2C:33-27) is amended to read as follows:
5. Consumption of alcohol in restaurants.
a. No person who owns or operates a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public, and for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued:
(1) Shall allow the consumption of alcoholic beverages, other than wine or a malt alcoholic beverage, in a portion of the premises which is open to the public; or
(2) Shall charge any admission fee or cover, corkage or service charge [or advertise inside or outside of such premises that patrons may bring and consume their own wine or malt alcoholic beverages in a portion of the premises which is open to the public].
(3) Shall allow the consumption of wine or malt alcoholic beverages at times or by persons to whom the service or consumption or alcoholic beverages on licensed premises is prohibited by State or municipal law or regulation.
b. (1) Nothing in this act shall restrict the right of a municipality or an owner or operator of a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public from prohibiting the consumption of alcoholic beverages on those premises.
(2) Nothing in this act shall restrict the right of an owner or operator of a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public, and for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued, from advertising inside or outside of the premises that (a) patrons may bring and consume their own wine or malt alcoholic beverages in a portion of the premises which is open to the public; or (b) a winery salesroom has been established on the premises pursuant to R.S.33:1-10.
c. A person who violates any provision of this act is a disorderly person, and the court, in addition to the sentence imposed for the disorderly person violation, may by its judgment bar the owner or operator from allowing consumption of wine or malt alcoholic beverages in his premises as authorized by this act.
(cf: P.L.1999, c.90, s.5)
2. This act shall take effect immediately.
STATEMENT
This bill permits restaurants that are not licensed to serve alcoholic beverages to advertise that patrons may bring wine or beer to consume on the restaurant premises.
Under current law, a person who owns or operates a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public and who does not have a license authorizing on-premises consumption may allow patrons to bring onto the premises and consume wine or beer in any portion of the premises open to the public (known as "BYOB"). However, current law also provides that the restaurant may not advertise inside or outside of the premises that patrons may bring and consume their own wine or malt alcoholic beverages.
This bill changes current law to permit the owners of restaurants to advertise inside or outside of the premises that patrons may bring wine or beer for consumption in any public portion of the restaurant. The bill further provides that the owner of the restaurant may advertise inside or outside the premises that a winery salesroom has been established on the restaurant premises. Under R.S.33:1-10, these salesrooms provide wineries with the opportunity to sell their products in original packages or to offer samples.
