New Jersey Assembly Bill A2691

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

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

By removing the prohibition on advertising that patrons may bring their own alcoholic beverages, the bill could significantly alter the competitive landscape for restaurants operating without a liquor license. This allows them to attract customers who wish to enjoy alcohol in a social dining environment, and by implementing charges such as corkage fees, these establishments can potentially increase their revenue. The ability to openly communicate this offering can also enhance customer awareness and potentially influence their dining choices.

Summary

Assembly Bill A2691 aims to amend existing laws regarding alcohol consumption in restaurants, specifically those without a liquor license for on-premises sales. It permits certain restaurants to officially advertise that patrons can bring their own beer, wine, cider, or mead ('BYOB') for consumption at their establishments. Furthermore, it allows these restaurants to levies a service or corkage fee for patrons who choose to bring their own alcohol. This legislative change responds to a recent federal court ruling which deemed previous restrictions on advertising BYOB options as a violation of free speech rights under the First Amendment.

Contention

While the bill enjoys support for promoting business freedom and enhancing customer choice, it also raises concerns among local regulatory bodies and various community stakeholders. Critics argue that unrestricted BYOB practices could lead to public disturbances or safety issues associated with alcohol consumption. Furthermore, the bill's impact on traditional licensed establishments may lead to apprehensions about fair competition and revenue generation for municipalities, which often rely on liquor licensing as a source of income. Thus, the balance between promoting business interests and ensuring community safety remains a significant point of discussion.