Bill Text: NJ A947 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides municipalities with discretion to restrict hours for sale of package goods.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A947 Detail]
Download: New_Jersey-2012-A947-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Provides municipalities with discretion to restrict hours for sale of package goods.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the sale of alcoholic beverages 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] may 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] any municipality 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of the Director of the Division of Alcoholic Beverage Control inconsistent with the provisions of this act are superseded to the extent of such inconsistency.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 provides municipalities with the discretion to set different hours for the sale of wine and beer in original bottle or can containers for off-premise consumption (package goods), and the sale of alcoholic beverages for on-premise consumption in establishments such as bars and restaurants.
Under current law, municipalities are required to permit the sale of package goods on the same days and during the same hours as the sale of alcoholic beverages for on-premise consumption. 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 alcohol for in bars and restaurants.
This bill provides that all municipalities may set different times for the sale of package goods, and the sale of alcohol for on-premise consumption. In addition, a municipality may, by ordinance, allow the sale of package goods on the same days and during the same hours as the sale of alcoholic beverages for on-premise consumption is permitted.
