Authorizes municipalities to adopt ordinances concerning consumption of alcoholic beverages by pedicab passengers.

A1135

ASSEMBLY, No. 1135

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

SYNOPSIS

���� Authorizes municipalities to adopt ordinances
concerning consumption of alcoholic beverages by pedicab passengers.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning pedicabs and amending P.L.2022, c.16.

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

���� 1.��� Section 1 of P.L.2022,
c.16 (C.39:4-31.6) is amended to read as follows:

���� 1.��� a. A pedicab operator
shall be permitted to operate a pedicab under the following conditions:

���� (1) operation of a pedicab is
authorized by ordinance adopted by the governing body of the municipality in
which the pedicab operates;

���� (2) the pedicab operator shall
be at least 21 years of age and shall possess a valid driver's license issued
by New Jersey or another state;

���� (3) the pedicab shall be
equipped with seatbelts for all passengers, seat backs, brakes, reflectors, a
headlight, and grab rails;

���� (4) the owner of the pedicab
shall maintain a general liability insurance policy in a minimum amount of
$500,000 of coverage per accident;

���� (5) the pedicab operator shall
not operate the pedicab on any highway with a posted speed limit in excess of
30 miles per hour, except to cross the highway at an intersection;

���� (6) the pedicab operator shall
operate a pedicab as close as practicable to the right-hand curb or edge of the
roadway, except when necessary to overtake another vehicle, to avoid a
stationary object, or when preparing to make a left turn; and

���� (7) the pedicab owner, pedicab
operator, and pedicab meet any other requirements as may be required by
ordinance adopted by the governing body of the municipality in which the
pedicab operates
[
,
except that a municipality shall not restrict a pedicab operator from
permitting the consumption of alcoholic beverages in accordance with subsection
b. of this subsection
]
.

���� b.��� A pedicab operator
authorized to operate a pedicab in accordance with subsection a. of this
section may permit the consumption of alcoholic beverages by passengers of the
pedicab under the following conditions:

���� (1) the operator of the
pedicab does not consume alcoholic beverages while operating the pedicab;

���� (2) each passenger of the
pedicab is at least 21 years of age;

���� (3) alcoholic beverages are
limited to single-serving sealed containers of: beer; wine; hard cider; mead;
other malt beverages; other fermented beverages, such as hard seltzer and hard
tea; and prepared mixed beverages made with spirits;

���� (4) the owner or operator of
the pedicab does not sell or offer for sale to passengers food, alcoholic
beverages, or any other liquid refreshments;
[
and
]

���� (5) the pedicab is equipped
with as many waste receptacles as necessary to permit each passenger to reach a
waste receptacle while seated
; and

����
(6) consumption of
alcoholic beverages by passengers of a pedicab is authorized by ordinance
adopted by the governing body of the municipality in which the pedicab operates
.

(cf: P.L.2022, c.16, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

����

���� This bill permits
municipalities to determine whether operators of pedicabs are authorized to
allow pedicab passengers to consume alcoholic beverages.

���� Under current law, a
municipality has the authority to enact an ordinance to permit the operation of
pedicabs within its boundaries and may establish requirements for the operation
of pedicabs. However, a municipality that has enacted an ordinance to permit
the operation of pedicabs may not prohibit the consumption of alcoholic
beverages by passengers as long as the consumption otherwise meets statutory
requirements, such as minimum passenger age for consumption and type of
alcoholic beverages to be consumed.

���� This bill provides
municipalities with the discretion to authorize passenger consumption of
alcoholic beverages by ordinance adopted by the governing body of the
municipality.