Bill Text: NJ S521 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes bars and restaurants to offer special discounts to certain persons under certain circumstances.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S521 Detail]
Download: New_Jersey-2010-S521-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator THOMAS H. KEAN, JR.
District 21 (Essex, Morris, Somerset and Union)
Co-Sponsored by:
Senator A.R.Bucco
SYNOPSIS
Authorizes bars and restaurants to offer special discounts to certain persons under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the "Law Against Discrimination" and supplementing P.L.1945, c.169.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), to the contrary, the holder of a plenary retail consumption license issued pursuant to R.S.33:1-12 may charge de minimis differential pricing for alcoholic beverages and offer other special discounts to patrons based on sex, provided that such pricing is for economic reasons only.
2. This act shall take effect immediately.
STATEMENT
This bill provides that the holder of a plenary retail consumption license issued pursuant to R.S.33:1-12 may charge de minimis differential pricing for alcoholic beverages and offer other special discounts to patrons based on sex, provided that such pricing is for economic reasons only.
This is in response to the June 1, 2004 ruling by the Division on Civil Rights declaring "Ladies' Night" at a Cherry Hill restaurant, the Coastline, discriminatory against men. See David R. Gillespie v. J.C.B.C., Inc. d/b/a Coastline Restaurant, Division on Civil Rights, OAL Docket No. CRT 2579-03 (June 1, 2004).
In the case, the Division on Civil Rights held that the regularly scheduled "Ladies' Night" promotions at the Cherry Hill restaurant violated the LAD as an impermissible differential treatment based on gender. During "Ladies' Night" at the restaurant, women received free admission and discounted drinks, while men had to pay the regular $5.00 admission fee and pay full price for drinks. The Division made its ruling, despite the fact that the restaurant offered similar discounts offered only to men on other nights, opining that the restaurant's "policy of discriminating against men can in no way be justified by subsequent discriminatory acts that disfavor women." Id.
