Bill > S3490

Introduced Session

This bill removes the State's statutory prohibition on restaurants without liquor licenses advertising that their patrons may bring their own beer or wine ("BYOB") for consumption on the premises. The bill also authorizes restaurants to advertise that certain wines in winery salesrooms located on the premises are available for purchase. Under current statutory 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 those portions of the premises open to the public. But 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. The 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. Also, current law authorizes plenary wineries which produce less than 250,000 gallons of wine per year, as well as farm wineries, to sell their wines in 15 salesrooms off the winery premises for consumption on and off the premises and for sampling purposes. "Sampling" is defined as selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one-half ounces of any wine. Out-of-State wineries which produce less than 250,000 gallons of wine per year similarly are authorized to sell their wine in up to 16 salesrooms. Under the bill, restaurants which have a salesroom on the premises would be authorized to advertise that these wines are available for purchase.

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Jim Beach (D)*,  Patrick Diegnan (D), 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 02/12/2026)

Official Document