Bill Text: NJ A3105 | 2016-2017 | Regular Session | Introduced

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Bill Title: Provides that limitation on hours of retail sale of alcohol be consistent throughout licensed premises.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Enrolled - Dead) 2018-01-08 - Passed Senate (Passed Both Houses) (23-11) [A3105 Detail]

Download: New_Jersey-2016-A3105-Introduced.html

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ASSEMBLY, No. 3105

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2016

 

 

Sponsored by:

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex)

 

Co-Sponsored by:

Assemblymen Egan, Diegnan, Assemblywoman Pintor Marin and Assemblyman Giblin

 

 

 

 

SYNOPSIS

     Provides that limitation on hours of retail sale of alcohol be consistent throughout licensed premises.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning the sale of alcoholic beverages and amending R.S.33:1-40.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  R.S.33:1-40 is amended to read as follows:

     The governing board or body of each municipality may, as regards said municipality, by ordinance, limit the number of licenses to sell alcoholic beverages at retail, but any such limitation adopted by ordinance or resolution prior to July first, one thousand nine hundred and thirty-seven, shall continue in full force and effect until repealed, amended or otherwise altered by  ordinance.  The governing board or body of each municipality may, as regards said municipality, by ordinance or resolution, limit the hours between which the sale of alcoholic beverages at retail may be made, provided the hours are the same throughout the interior of the licensed premises, prohibit the retail sale of alcoholic beverages on Sunday, and, subject to the approval of the [commissioner] director first obtained, regulate the conduct of any business licensed to sell alcoholic beverages at retail and the nature and condition of the premises upon which any such business is to be conducted.  The aforesaid limitations of number of licenses and of hours of sale shall be subject respectively to appeal to the [commissioner] director, as hereinafter provided.

     The governing board or body of each municipality may make, enforce, amend and repeal such ordinances as it may deem necessary to prevent the possession, sale, distribution and transportation of alcoholic beverages within its municipality in violation of this chapter.

     The governing board or body of each municipality may, by ordinance, enact that no more than one retail license shall be granted to any person in said municipality and that said license shall cover only the licensed premises; but nothing herein contained shall operate to disqualify a guardian, executor, administrator, trustee, receiver, or any other fiduciary or court officer from obtaining or from holding more than one such license in different official capacities.

(cf:  R.S.33:1-40)

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that the limitation on the hours of the retail
sale of alcohol be consistent throughout the licensed premises.         Under current law, a municipality may impose limitations on the hours that alcoholic beverages may be sold at retail.  Under the provisions of this bill, municipalities may impose these limitations, provided that the hours are same throughout the licensed premises.  For example, in an establishment that has a bar and a restaurant, a municipality could not require the bar to close earlier than the restaurant.