ASSEMBLY, No. 2680

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED FEBRUARY 13, 2020

Sponsored by:

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

SYNOPSIS

     Expands cities permitted to regulate days and hours when packaged goods may be sold.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning municipal regulation of the sale of wine and beer for off-premises consumption and amending P.L.1971, c.184.

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

      1.   Section 1 of P.L.1971, c.184 (C.33:1-40.3) is amended to read as follows:

      1.   a.   Whenever the sale of alcoholic beverages for consumption on the premises [and] , off the premises , or [either thereof] both, is authorized in any municipality by ordinance or rule or regulation of the Division of Alcoholic Beverage Control, by the holder of a retail consumption or retail distribution license, [such] the ordinance or rule shall authorize the sale of wine and malt alcoholic beverages in original bottle or can containers for consumption off the premises on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises is permitted and authorized in the municipality.  If a municipality has no ordinance or local law that authorizes the sale of alcoholic beverages for consumption on the premises, then the municipality may by ordinance authorize the sale of wine and malt alcoholic beverages in original bottle or can containers by retail distribution licensees any time between the hours of 12:30 p.m. and 6:30 p.m. on Sunday, in addition to [such] weekday hours as may be authorized by ordinance.

     Notwithstanding the provisions of this section or any other law to the contrary, a city [of the first class] with a population exceeding 100,000 according to the 2010 federal census may establish by ordinance separate hours for:

     (1)   sales by each type of retail license set forth in R.S.33:1-12, and

     (2)   sales by such licensees for consumption on the premises and consumption off the premises.

     All parts of ordinances and regulations of the Director of the Division of Alcoholic Beverage Control inconsistent with the provisions of this [act] section are superseded to the extent of [such ] any inconsistency.

      b.   Notwithstanding any other provision of law to the contrary, the holder of a plenary retail consumption license or permit authorizing the sale of alcoholic beverages for consumption on the premises that is used in connection with a premises located within an international airport may sell alcoholic beverages any time between the hours of  6:00 a.m. and 3:00 a.m.

(cf: P.L.2017, c.265, s.1)

     2.    This act shall take effect immediately.

STATEMENT

     This bill permits cities with a population exceeding 100,000 according to the 2010 federal census to regulate the days and hours when wine and beer in original containers may be sold for consumption off the premises, commonly referred to as package goods.

     Under current law, municipalities are required to permit the sale of package goods on the same days and during the same hours that the sale of alcoholic beverages is permitted for on-premises consumption in bars and restaurants.  An exception currently exists for cities of the first class, which may set different times for the sale of package goods and the sale of alcoholic beverages in bars and restaurants.  Cities of the first class are Newark and Jersey City.

     This bill expands the municipalities that are permitted to regulate the days and hours when package goods may be sold from cities of the first class to cities with a population of more than 100,000 according to the 2010 federal census.  It is the sponsor's understanding that the additional cities included under the bill are Paterson and Elizabeth.