SENATE, No. 1894

STATE OF NEW JERSEY

INTRODUCED MARCH 10, 1997

By Senator LYNCH

An Act concerning the sale of alcoholic beverages 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 municipality may establish by ordinance the hours during which 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] is permitted, which may be different from the hours during which 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]municipality which prohibits the Sunday sale of alcoholic beverages for consumption on the premises [shall not] may permit the sale on Sunday of wine and malt alcoholic beverages in original bottle or can containers for 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of the Director of the Division of Alcoholic Beverage Control inconsistent with the provisions of this act are superseded to the extent of such inconsistency.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) required municipalities to permit sales of wine and beer in original bottles or can containers for off-premises consumption on the same days and during the same hours that they allowed the sale of alcoholic beverages for on-premises consumption. P.L.1991, c.370 amended that law to provide an exception for cities of the first class. It also required a city of the first class which prohibited Sunday sales of alcoholic beverages for on-premises consumption to prohibit retail licensees from selling wine and beer for off-premises consumption on Sundays.

    This bill amends the current law to allow municipalities, without regard to population, to establish by ordinance hours during which the sale of wine and malt alcoholic beverages for off-premises consumption is permitted. These hours may be different from those established for the sale of alcoholic beverages for on-premises consumption. Under this bill, municipalities attempting to curtail disruptive and disorderly conduct associated with the sale of packaged goods would be able to limit the hours during which wine and malt alcoholic beverages for off-premises consumption could be purchased.

Allows municipalities to establish separate hours for the sale of wine and beer for off-premises consumption.