Allows certain restaurants to advertise that patrons may consume alcohol purchased off the restaurant premises; allows restaurants to charge corkage or service fee.

S3389

SENATE, No. 3389

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 9, 2026

Sponsored by:

Senator� RAJ MUKHERJI

District 32 (Hudson)

SYNOPSIS

���� Allows certain restaurants to advertise that patrons
may consume alcohol purchased off the restaurant premises; allows restaurants
to charge corkage or service fee.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the consumption of alcoholic beverage and
amending
P.L.1999, c.90.�

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

���� 1.��� Section 5 of P.L.1999, c.90 (C.2C:33-27) is
amended to read as follows:

����
5.��� Consumption of alcohol in restaurants.

����
a.����
[
No
]

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, and for which premises a license or permit authorizing
the sale of alcoholic beverages for on-premises consumption has not been issued

shall not
:

����
(1)��
[
Shall
]
allow the consumption of alcoholic beverages, other than
wine
[
or
]
,
a malt alcoholic beverage
, cider, or
mead,
in a portion of the premises which is open to the public; or

����
(2)��
[
Shall charge any admission fee or cover, corkage
,
or
service charge or advertise inside or outside of such premises that patrons may
bring and consume their own wine or malt alcoholic beverages in a portion of
the premises which is open to the public.
]
(Deleted by amendment, P.L.���� , c.��� )
(pending before the Legislature as this bill)

����
(3)��
[
Shall
]
allow the consumption of wine
[
or
]

,
malt alcoholic beverages
, cider, or mead
at times
or by persons to whom the service or consumption
[
or
]

of

alcoholic beverages on
the
licensed premises is prohibited by State or
municipal law or regulation.

����
b.���
[
Nothing
in this act
]

(1) This act
shall
not

restrict the right of� a municipality or an owner or operator of a restaurant,
dining room
,
or other public place where food or liquid refreshments are
sold or served to the general public from prohibiting the consumption of
alcoholic beverages on those premises.

����
(2)�� The owner or operator of a restaurant for which a
license or permit authorizing the sale of alcoholic beverages for on-premises
consumption has not been issued shall be entitled to:

����
(a)�� charge an admission fee or cover, corkage, or service
charge for patrons who bring and consume their own malt alcoholic beverages, wine,
cider, or mead on the restaurant premises; and

����
(b)�� advertise inside or outside of the restaurant
premises that patrons may bring and consume their own wine, malt alcoholic
beverages, cider, or mead in a portion of the premises which is open to the
public.

����
c.���� A person who violates any provision of this act is a
disorderly person, and the court, in addition to the sentence imposed for the
disorderly person violation, may by its judgment bar the owner or operator from
allowing consumption of wine or malt alcoholic beverages in his premises as
authorized by this act.

(cf: P.L.1999, c.90, s.5)

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

STATEMENT

���� This
bill removes from current law the statutory provision that prohibits restaurants
without a liquor license from advertising that their patrons may bring their
own beer or wine (�BYOB�) for consumption on the premises.� The bill also
clarifies that patrons may consume on the restaurant premises cider and mead in
addition to wine and beer.�
Finally, the bill
allows the restaurant owners to charge a service or corkage fee to patrons who
bring their own beer, wine, cider, or mead for consumption on the restaurant
premises.�

���� Under
current 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 portions of the
premises that are open to the public.� However, 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.����

���� This
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.