New Jersey Senate Bill S1331

New Jersey 2022-2023 Regular Session

• Introduced: 2/3/22
• Refer: 2/3/22

Caption

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

Impact

If enacted, S1331 will significantly alter New Jersey's legislative framework concerning the alcohol industry and public dining options. The bill will provide unlicensed restaurants the ability to openly promote BYOB practices, which could lead to increased patronage and more vibrant dining experiences. Moreover, it also permits these establishments to advertise the availability of certain wines from on-premises salesrooms. This is expected to enhance business opportunities for smaller wineries and add value to dining establishments that do not currently hold liquor licenses.

Summary

Senate Bill 1331, introduced by Senator James Beach, aims to amend existing laws regarding the advertising of alcohol consumption in restaurants without liquor licenses. The bill seeks to remove the prohibition against restaurants advertising that patrons may bring their own beer or wine for consumption on the premises. This change is framed as a response to a recent federal court ruling that deemed the state’s prohibition on BYOB advertising an unconstitutional violation of the First Amendment right to free speech. By allowing advertisements for BYOB policies, the bill seeks to enhance consumer choice and provide a more welcoming atmosphere for patrons who prefer to enjoy their own beverages in restaurants.

Contention

Notably, the bill may face opposition from local municipalities and licensed establishments concerned about competition and the potential for increased alcohol consumption in public spaces. Critics may argue that lifting advertising restrictions could lead to improperly managed consumption of alcohol, which might prompt safety and regulatory issues. Additionally, there may be tensions over the perception that the bill undermines the authority of municipalities to regulate alcohol consumption within their jurisdictions, thereby raising concerns about local governance and regulatory autonomy.