Allows certain restaurants with retail licenses to deliver alcoholic beverages and food in preloaded delivery vehicles.

A1149

ASSEMBLY, No. 1149

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

���� Allows certain restaurants with retail licenses to
deliver alcoholic beverages and food in preloaded delivery vehicles.

CURRENT VERSION OF TEXT

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

��

An Act
concerning alcoholic beverage sales, supplementing
Title 33 of the Revised Statutes, and amending R.S.33:1-12.�

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

���� 1.��� (New section)� a.� As
used in this act,

���� �Delivery employee� means an
employee of the holder of a plenary retail consumption license issued pursuant
to R.S.33:1-12 who delivers alcoholic beverages while under the exclusive
direction and control of the license holder and whose compensation for federal
income tax purposes is reported or required to be reported on a W-2 form issued
by the license holder.�

����
�Mobile
application� means a specialized software program downloaded onto a wireless
communication device that allows a consumer to place an order for alcoholic
beverages and food sold by the holder of a plenary retail consumption license
and delivered by a delivery employee.

���� b.��� The holder of a plenary
retail consumption license used in connection with a restaurant shall be
entitled, upon the approval of the director, to load
a
predetermined amount of alcoholic beverages into a delivery vehicle that the
holder owns or leases in anticipation of future food and alcoholic beverage
delivery orders placed by consumers.�
Only delivery employees shall
deliver an order placed by a consumer pursuant to this section.�

���� A delivery employee may
dispatch the vehicle at the beginning of the employee�s shift prior to
receiving any orders for food and alcoholic beverages.� Alcoholic beverages
that are not delivered during the delivery employee�s shift shall be removed
from the delivery vehicle and returned to the licensed premises.�

���� The delivery vehicle may be
stationed in a predetermined location in
anticipation
of future food and alcoholic beverage delivery orders made by consumers.�
Any
delivery of alcoholic beverages made pursuant to this section shall be made in
conjunction with a food order.�

���� c.���� Orders for alcoholic
beverages and food pursuant to this section shall be placed by telephone call
or mobile application, or through the licensee�s Internet website.� The holder
of a plenary retail consumption license shall be paid the full purchase price
amount at the time that alcoholic beverages are purchased.� The cost of the
alcoholic beverages shall be charged to the consumer�s credit or debit card and
the name of the retail establishment shall be displayed on the consumer�s
receipt.� A delivery employee shall not accept any payment at the time that
alcoholic beverages are delivered to a consumer�s residence.� A copy of the
original invoice shall be available for inspection by persons authorized to
enforce the alcoholic beverage laws of this State for a minimum period of three
years at the licensed premises.�

���� d.��� All delivery employees
shall be employed by, and under the exclusive direction and control of, the
license holder. The license holder shall offer employer-provided healthcare
benefits coverage to each delivery employee.�
A
delivery employee shall be trained
by an industry recognized server training program
to recognize that customers
are 21 years of age or
older.�

���� e.���� A license holder shall
not deliver alcoholic beverages pursuant to this subsection unless the license
holder operates a restaurant as defined by R.S.33:1-1, which is open to the
public and offers the sale of food served at a table by a restaurant employee.�

���� f.���� A delivery vehicle
utilized to make food and alcoholic beverage deliveries pursuant to this
section shall be owned or leased by the license holder and affixed with a
transit insignia issued pursuant to R.S.33:1-28.�

���� 2.��� R.S.33:1-12 is amended
to read as follows:

���� 33:1-12.� Class C licenses
shall be subdivided and classified as follows:

���� Plenary retail consumption
license. 1. The holder of this license shall be entitled, subject to rules and
regulations, to sell any alcoholic beverages for consumption on the licensed
premises by the glass or other open receptacle, and also to sell any alcoholic
beverages in original containers for consumption off the licensed premises; but
this license shall not be issued to permit the sale of alcoholic beverages in
or upon any premises in which a grocery, delicatessen, drug store or other
mercantile business is carried on, except as hereinafter provided.� The holder
of this license shall be permitted to conduct consumer wine, beer and spirits
tasting events and samplings for a fee or on a complimentary basis pursuant to
conditions established by rules and regulations of the Division of Alcoholic
Beverage Control, provided however, that the holder of this license complies
with the terms and conditions set forth in section 3 of P.L.2009, c.216
(C.33:1-12d).�
The holder of this license shall be entitled to sell and
deliver alcoholic beverages for consumption off the licensed premises pursuant
to section 1 of P.L. , c.��� (C.��� )
(pending before the Legislature as this bill).

���� Subject to such rules and
regulations established from time to time by the director, the holder of this
license shall be permitted to sell alcoholic beverages in or upon the premises
in which any of the following is carried on:� the keeping of a hotel or
restaurant including the sale of mercantile items incidental thereto as an
accommodation to patrons; the sale, at an entertainment facility as defined in
R.S.33:1-1, having a seating capacity for no less than 4,000 patrons, of
mercantile items traditionally associated with the type of event or program
held at the site; the sale of distillers', brewers' and vintners' packaged
merchandise prepacked as a unit with other suitable objects as gift items to be
sold only as a unit; the sale of novelty wearing apparel identified with the
name of the establishment licensed under the provisions of this section; the
sale of cigars, cigarettes, packaged crackers, chips, nuts and similar snacks
and ice at retail as an accommodation to patrons, or the retail sale of nonalcoholic
beverages as accessory beverages to alcoholic beverages; or, in commercial
bowling establishments, the retail sale or rental of bowling accessories and
the retail sale from vending machines of candy, ice cream and nonalcoholic
beverages.� The fee for this license shall be fixed by the governing board or
body of the municipality in which the licensed premises are situated, by
ordinance, at not less than $250 and not more than $2,500. No ordinance shall
be enacted which shall raise or lower the fee to be charged for this license by
more than 20% from that charged in the preceding license year or $500.00,
whichever is the lesser.� The governing board or body of each municipality may,
by ordinance, enact that no plenary retail consumption license shall be granted
within its respective municipality.

���� The holder of this license
shall be permitted to obtain a restricted brewery license issued pursuant to
subsection 1c. of R.S.33:1-10 and to operate a restricted brewery immediately
adjoining the licensed premises in accordance with the restrictions set forth
in that subsection.� All fees related to the issuance of both licenses shall be
paid in accordance with statutory law.

���� Seasonal retail consumption
license.� 2. (1) The holder of this license shall be entitled, subject to rules
and regulations, to sell any alcoholic beverages for consumption on the
licensed premises by the glass or other open receptacle, and also to sell any
alcoholic beverages in original containers for consumption off the licensed
premises, during the summer season from May 1 until November 14, inclusive, or
during the winter season from November 15 until April 30, inclusive.

���� (2)�� In addition, the
director shall issue to the holder of this license, upon request by the
licensee, one-day permits that shall entitle the license holder to sell
alcoholic beverages for consumption on the licensed premises during the season
when the license holder is not authorized to sell alcoholic beverages pursuant
to subparagraph (1) of this subsection.� The number of one-day permits issued
to a licensee pursuant to this subsection shall not exceed an aggregate of 14
permits in one calendar year.� A one-day permit issued pursuant to this
subsection shall be valid for 24 consecutive hours.� The fee for each one-day
permit shall be $500.

���� The governing body of the
municipality in which the licensed premises is situated may place reasonable
conditions upon a one-day permit for the purpose of maintaining public safety
on the licensed premises and immediately surrounding area.� The costs associated
with the reasonable conditions placed on the one-day permit shall be assumed by
the holder of this license.

���� (3)�� This license shall not
be issued to permit the sale of alcoholic beverages in or upon any premises in
which a grocery, delicatessen, drug store or other mercantile business is
carried on, except as hereinafter provided.� Subject to such rules and regulations
established from time to time by the director, the holder of this license shall
be permitted to sell alcoholic beverages in or upon the premises in which any
of the following is carried on:� the keeping of a hotel or restaurant including
the sale of mercantile items incidental thereto as an accommodation to patrons;
the sale of distillers', brewers' and vintners' packaged merchandise prepacked
as a unit with other suitable objects as gift items to be sold only as a unit;
the sale of novelty wearing apparel identified with the name of the
establishment licensed under the provisions of this section; the sale of
cigars, cigarettes, packaged crackers, chips, nuts and similar snacks and ice
at retail as an accommodation to patrons; or the retail sale of nonalcoholic
beverages as accessory beverages to alcoholic beverages.� The fee for this
license shall be fixed by the governing board or body of the municipality in
which the licensed premises are situated, by ordinance, at 75% of the fee fixed
by said board or body for plenary retail consumption licenses.� The governing
board or body of each municipality may, by ordinance, enact that no seasonal
retail consumption license shall be granted within its respective municipality.

���� Plenary retail distribution
license. 3. a. The holder of this license shall be entitled, subject to rules
and regulations, to sell any alcoholic beverages for consumption off the
licensed premises, but only in original containers; except that licensees shall
be permitted to conduct consumer wine, beer, and spirits tasting events and
samplings on a complimentary basis pursuant to conditions established by rules
and regulations of the Division of Alcoholic Beverage Control, provided
however, that the holder of this license complies with the terms and conditions
set forth in section 3 of P.L.2009, c.216 (C.33:1-12d).

���� The governing board or body of
each municipality may, by ordinance, enact that this license shall not be
issued to permit the sale of alcoholic beverages in or upon any premises in
which any other mercantile business is carried on, except that any such ordinance,
heretofore or hereafter adopted, shall not prohibit the retail sale of
distillers', brewers' and vintners' packaged merchandise prepacked as a unit
with other suitable objects as gift items to be sold only as a unit; the sale
of novelty wearing apparel identified with the name of the establishment
licensed under the provisions of this act; cigars, cigarettes, packaged
crackers, chips, nuts and similar snacks, ice, and nonalcoholic beverages as
accessory beverages to alcoholic beverages.� The fee for this license shall be
fixed by the governing board or body of the municipality in which the licensed
premises are situated, by ordinance, at not less than $125 and not more than
$2,500.� No ordinance shall be enacted which shall raise or lower the fee to be
charged for this license by more than 20% from that charged in the preceding
license year or $500.00, whichever is the lesser.� The governing board or body
of each municipality may, by ordinance, enact that no plenary retail
distribution license shall be granted within its respective municipality.

���� Limited retail distribution
license. 3. b. The holder of this license shall be entitled, subject to rules
and regulations, to sell any unchilled, brewed, malt alcoholic beverages in
quantities of not less than 72 fluid ounces for consumption off the licensed
premises, but only in original containers; provided, however, that this license
shall be issued only for premises operated and conducted by the licensee as a
bona fide grocery store, meat market, meat and grocery store, delicatessen, or
other type of bona fide food store at which groceries or other foodstuffs are
sold at retail; and provided further that this license shall not be issued
except for premises at which the sale of groceries or other foodstuffs is the
primary and principal business and at which the sale of alcoholic beverages is
merely incidental and subordinate thereto.� The fee for this license shall be
fixed by the governing body or board of the municipality in which the licensed
premises are situated, by ordinance, at not less than $31 and not more than
$63.� The governing board or body of each municipality may, by ordinance, enact
that no limited retail distribution license shall be granted within its
respective municipality.

���� Plenary retail transit
license. 4. The holder of this license shall be entitled, subject to rules and
regulations, to sell any alcoholic beverages, for consumption only, on railroad
trains, airplanes, limousines and boats, while in transit.� The fee for this
license for use by a railroad or air transport company shall be $375, for use
by the owners of limousines shall be $31 per vehicle, and for use on a boat
shall be $63 on a boat 65 feet or less in length, $125 on a boat more than 65
feet in length but not more than 110 feet in length, and $375 on a boat more
than 110 feet in length; such boat lengths shall be determined in the manner
prescribed by the Bureau of Customs of the United States Government or any
federal agency successor thereto for boat measurement in connection with
issuance of marine documents. A license issued under this provision to a
railroad or air transport company shall cover all railroad cars and planes
operated by any such company within the State of New Jersey.� A license for a boat
or limousine issued under this provision shall apply only to the particular
boat or limousine for which issued, and shall permit the purchase of alcoholic
beverages for sale or service in a boat or limousine to be made from any Class
A and B licensee or from any Class C licensee whose license privilege permits
the sale of alcoholic beverages in original containers for off-premises
consumption.� An interest in a plenary retail transit license issued in
accordance with this section shall be excluded in determining the maximum
number of retail licenses permitted under P.L.1962, c.152 (C.33:1-12.31 et
seq.).

���� Club license. 5. The holder of
this license shall be entitled, subject to rules and regulations, to sell any
alcoholic beverages but only for immediate consumption on the licensed premises
and only to bona fide club members and their guests.� The fee for this license
shall be fixed by the governing board or body of the municipality in which the
licensed premises are situated, by ordinance, at not less than $63 and not more
than $188.� The governing board or body of each municipality may, by ordinance,
enact that no club licenses shall be granted within its respective
municipality.� Club licenses may be issued only to such corporations,
associations and organizations as are operated for benevolent, charitable,
fraternal, social, religious, recreational, athletic, or similar purposes, and
not for private gain, and which comply with all conditions which may be imposed
by the Director of the Division of Alcoholic Beverage Control by rules and
regulations.

���� The provisions of section 23
of P.L.2003, c.117 amendatory of this section shall apply to licenses issued or
transferred on or after July 1, 2003, and to license renewals commencing on or
after July 1, 2003.

���� Sporting facility license. 6.
The holder of this license shall be entitled, subject to rules and regulations,
to sell at retail or to serve any alcoholic beverages as the owner, operator,
lessee, or concessionaire of a sporting facility by the glass or other
receptacle or in original containers only on the premises of the sporting
facility.

���� Notwithstanding any other
provision of Title 33 of the Revised Statutes and subject to conditions
established by the director, the holder of this license may share direction and
control of the premises to be licensed and share proceeds and profits from the
sale of alcoholic beverages with the owner, operator, concessionaire, or lessee
of the facility.� The holder of this license shall be permitted to conduct
consumer wine, beer, and spirits tasting events and samplings for a fee or on a
complimentary basis provided, however, the license holder complies with the
provisions of section 3 of P.L.2009, c.216 (C.33:1-12d) and rules and
regulations promulgated thereto.� Notwithstanding any law, rule or regulation
to the contrary, the holder of this license shall be entitled to establish an
all-inclusive area within the licensed sporting facility, provided the
all-inclusive area is limited to one area within the sporting facility for each
game or event and the capacity of the all-inclusive area does not exceed 500 persons.

���� The fee for this license shall
be $2,500 for venues with a capacity of less than 7,500 persons; $5,000 for
venues with a capacity of not less than 7,500 persons but not more than 14,999
persons; $7,500 for venues with a capacity of not less than 15,000 persons but
not more than 22,499 persons; and $10,000 for venues with a capacity of 22,500
persons or more.

���� For the purposes of this
subsection:

���� "Sporting facility"
means a stadium, arena, team training facility, or similar venue located on
public property where alcoholic beverages are served or sold at retail for
consumption on the premises by the glass or other open receptacle or in original
containers.

���� "Team training
facility" shall include team offices and team headquarters.

(cf: P.L.2018, c.147, s.1)

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

STATEMENT

���� This bill
allows the holder of a plenary
retail consumption license used in connection with a restaurant to pre-load and
deliver alcoholic beverages directly to consumer�s residences.� The bill
applies to license holders who operate a restaurant which is open to the public
and offers the sale of food served at a table by a restaurant employee.�
Specifically, the bill allows these licensees to load a predetermined amount of
alcoholic beverages into a delivery vehicle owned or operated by the licensee
in anticipation of future food and alcoholic beverage delivery orders made by
consumers.�

����� Under the bill, these license holders are required to
hire delivery employees, who are to be working under the exclusive direction
and control of the license holder and whose compensation for federal income tax
purposes is reported or required to be reported on a W-2 form issued by the
license holder.� The bill requires delivery employees to be trained by an
industry recognized server training program to recognize that customers are 21
years of age or older.�

����� Under the bill, a pre-loaded delivery vehicle may be
stationed in a predetermined location in anticipation of future food and
alcoholic beverage delivery orders made by consumers.� The bill allows delivery
employees to dispatch a pre-loaded vehicle prior to receiving any orders for
food and alcoholic beverages.� The bill requires alcoholic beverage deliveries
to be made in conjunction with a food order.� Alcoholic beverages that are not
delivered during the delivery employee�s work shift are to be removed from the
delivery vehicle and returned to the licensed premises.�

����� The bill requires alcohol beverage orders to be
placed via telephone, mobile application, or the licensee�s Internet website.�
The license holder is to receive the full purchase price amount at the time
that alcoholic beverages are purchased.� The cost of the alcoholic beverages
are to be charged to the consumer�s credit or debit card and the name of the
retail establishment is to be displayed on the consumer�s receipt.� The bill
prohibits delivery employees from accepting any payment at the time that alcoholic
beverages are delivered to a consumer�s residence.� The licensee would be
required to make a copy of the original invoice available for inspection by
persons authorized to enforce the alcoholic beverage laws of this State for a
minimum period of three years at the licensed premises.