Bill > A4718

Introduced Session

This bill removes from current law the statutory provision that prohibits restaurants without a liquor license from advertising that their patrons may bring their own beer or wine ("BYOB") for consumption on the premises. The bill also clarifies that patrons may consume on the restaurant premises cider and mead in addition to wine and beer. Finally, the bill allows the restaurant owners to charge a service or corkage fee to patrons who bring their own beer, wine, cider, or mead for consumption on the restaurant premises. Under current law, a person who owns or operates a restaurant, dining room, or other public place where food or liquid refreshments are sold or served to the general public, but is not licensed to sell alcoholic beverages for on-premises consumption, may allow the consumption of wine or beer in portions of the premises that are open to the public. However, the owner or operator is prohibited from advertising this option inside or outside of the premises. An owner or operator who violates the prohibition on advertising BYOB is guilty of a disorderly persons offense, which is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. This bill removes the prohibition on advertising that a restaurant is BYOB in response to a recent decision by the United States District Court for the District of New Jersey, GJJM Enterprises, LLC v. City of Atlantic City, holding that the State's prohibition on BYOB advertising is an unconstitutional violation of the First Amendment right to free speech.

AI Summary

Committee Categories

Eric Houghtaling (D)*, 

Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee (on 09/21/2020)

Official Document