New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S1174

Introduced
1/9/24  

Caption

Allows certain restaurants to advertise that patrons may consume alcohol purchased off the restaurant premises; allows restaurants to charge corkage or service fee.

Impact

The implications of this bill are far-reaching for both patrons and restaurant owners. By enabling SO restaurants to inform customers about their BYOB options, it opens avenues for more flexible drinking policies within the dining premises. Furthermore, the bill permits these establishments to impose a corkage or service fee, which compensates them for the service of patrons' own alcoholic beverages. This is a major shift as it directly influences the financial dynamics of how these restaurants operate, allowing them to maintain income streams that might otherwise be lost due to restrictions on alcohol sales.

Summary

Senate Bill 1174 proposes significant changes to the regulations surrounding alcohol consumption in specific types of restaurants. The bill specifically allows restaurants that do not hold a liquor license to advertise that patrons may bring their own beer or wine ('BYOB') for consumption on the premises. Previously, state law prohibited such advertising, viewing it as a disorderly conduct, which could lead to significant penalties for restaurant operators. This amendment comes in response to a court ruling deeming the BYOB advertising prohibition unconstitutional under the First Amendment, signaling a shift towards greater freedom for restaurants in how they promote their services.

Contention

While the bill has garnered support from various stakeholders advocating for greater autonomy and consumer choice, it has also faced criticism. Opponents may argue that such provisions could lead to excessive consumption or lack of oversight regarding alcohol service in restaurants, which could affect community standards around public consumption. Additionally, there may be concerns about the balance between alcohol sales and BYOB consumption, potentially undermining local liquor retailers. As the bill moves forward, these discussions reflect the ongoing tension between regulation and individual rights within the hospitality industry.

Companion Bills

NJ A2691

Carry Over Allows certain restaurants to advertise that patrons may consume alcohol purchased off the restaurant premises; allows restaurants to charge corkage or service fee.

Previously Filed As

NJ A2691

Allows certain restaurants to advertise that patrons may consume alcohol purchased off the restaurant premises; allows restaurants to charge corkage or service fee.

NJ A2501

Allows certain restaurants to advertise that patrons may consume alcohol purchased off restaurant premises; allows restaurants to charge corkage or service fee.

NJ S1331

Authorizes certain restaurants to advertise that patrons may bring their own beer or wine or purchase wine from on premises salesroom.

NJ S1218

Authorizes certain restaurants to advertise that patrons may bring their own beer or wine or purchase wine from on premises salesroom.

NJ A4260

Allows certain restaurants with retail licenses to deliver alcoholic beverages and food in preloaded delivery vehicles.

NJ S3095

Allows certain restaurants with retail licenses to deliver alcoholic beverages and food in preloaded delivery vehicles.

NJ A3687

Allows certain restaurants with retail licenses to deliver alcoholic beverages and food in preloaded delivery vehicles.

NJ A3024

Allows certain winery licensees to also hold plenary retail consumption licenses and operate restaurants; excludes land used for sale of alcohol under plenary retail consumption license from farmland tax assessment.

NJ A2320

Allows certain winery licensees to also hold plenary retail consumption licenses and operate restaurants; excludes land used for sale of alcohol under plenary retail consumption license from farmland tax assessment.

NJ HB1386

Relating To Economic Recovery For Restaurants.

Similar Bills

NJ A2691

Allows certain restaurants to advertise that patrons may consume alcohol purchased off the restaurant premises; allows restaurants to charge corkage or service fee.

NJ A2501

Allows certain restaurants to advertise that patrons may consume alcohol purchased off restaurant premises; allows restaurants to charge corkage or service fee.

NJ S1331

Authorizes certain restaurants to advertise that patrons may bring their own beer or wine or purchase wine from on premises salesroom.

NJ S1218

Authorizes certain restaurants to advertise that patrons may bring their own beer or wine or purchase wine from on premises salesroom.

CA SB1315

Alcoholic beverages: consumption area permits.

CA AB1734

Alcoholic beverages: licensed premises: retail sales and consumption.

CA SB269

Alcoholic beverages: licensed premises: retail sales and consumption.

VA HB2001

Alcoholic beverage control; disclosure of alcohol by volume content by certain retail licensees.