Bill > A370

Introduced Session

This bill clarifies the responsibilities of winery licensees and the owners and operators of salesrooms which serve as retail outlets for the licensee's wine. Under the bill, the salesroom owner or operator is responsible for preventing persons under 21 years of age from purchasing or consuming any wine on the retail outlet premises. Under current law, wineries may sell their wines at retail outlets, in accordance with statutory law, rules and regulations, and an alcohol management plan agreed to by the licensed winery and the owner or operator of the retail salesroom or outlet (for example, a "bring-your-own-bottle" or BYOB restaurant). This bill clarifies that the responsibility for ensuring any buyer of alcohol is at least 21 years of age or older rests on the retail outlet and its employees, and not the winery. Any alcohol management plan, agreed to between the winery and outlet, would have to provide that: (1) only an authorized person may sell and deliver wine to a patron; (2) an authorized person is responsible for ensuring the wine is not sold to an underage person; and (3) all authorized persons are under the direction and control of the owner or operator of the retail salesroom. The bill also provides that to be considered "authorized," a person is required to complete a training program prior to selling wine at the outlet and would need to receive supplemental training, at least on an annual basis. A person who owns or operates a restaurant that allows patrons to "bring-your-own-bottle" is already responsible for ensuring that no person under the legal drinking age consumes any alcohol on the restaurant premises. An owner or operator of a BYOB restaurant who allows an underage person to consume wine is a disorderly person pursuant to section 5 of P.L.1999, c.90 (C.2C:33-27). In addition to the sentence imposed for the disorderly person violation, the court may bar the owner or operator from allowing the consumption of wine or malt alcoholic beverages on the licensed premises. Under R.S.33:1-77, a person operating under a license issued by the Division of Alcoholic Beverage Control is a disorderly person if the person sells an alcoholic beverage to an underage person. A disorderly persons conviction is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.

AI Summary

Committee Categories

Sterley Stanley (D)*, 

Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee (on 01/09/2024)

Official Document