P.L. 1997, CHAPTER 54, approved April 1, 1997

Senate, No. 910

 

 

 

 

An Act concerning certain sales of alcoholic beverages in cities of the first class 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. [Except in a city of the first class whenever] Whenever the sale of alcoholic beverages for consumption on the premises and off the premises or either thereof 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 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 which prohibits the Sunday sale of alcoholic beverages for consumption on the premises shall not permit the sale on Sunday of wine and malt alcoholic beverages in original bottle or can containers for consumption off the premises.]

    Notwithstanding the provisions of this section or any other law to the contrary, a city of the first class 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of the Director of the Division of Alcoholic Beverage Control inconsistent with the provisions of this act are superseded to the extent of such inconsistency.

(cf: P.L.1991, c.370, s.1)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    P.L.1971, c.184 (C.33:1-40.3) provided that municipalities must permit the sale of wine and beer in original bottle or can containers for off-premise consumption on the same days and during the same hours as the sale of alcoholic beverages for on-premise consumptionis permitted. P.L.1991, c.370 amended that law to provide an exception for cities of the first class. It also provided that a city of the first class which prohibits Sunday sales of alcoholic beverages for on-premise consumption could not permit Sunday sales of wine and beer for off-premise consumption.

    The bill limits those restrictions to a city of the first class located in a county having a population of less than 700,000 according to the 1990 federal decennial census.

 

 

 

Makes certain restrictions on sale of package goods applicable only to certain cities of the first class.