State of New Jersey Law

 

B.Y.O.B. (BRING YOUR OWN BOTTLE) CAN “B.Y.O.B.” BE ADVERTISED?

 

Under no circumstances may any “B.Y.O.B.” (Bring Your Own Bottle) be advertised in any fashion by an unlicensed restaurant or other public place where food or beverages are sold to the general public. A person who is found guilty of violating this prohibition is considered a disorderly person. This violation would be 12 handled by the local municipal court and is generally the responsibility of the local police. (N.J.S.A. 2C:33- 27.)

 

CAN A CUSTOMER BRING ALCOHOLIC BEVERAGES INTO A LICENSED PREMISES?

 

There is no regulation prohibiting this practice, however, the licensee has the right to permit or prohibit this practice as a matter of business policy. (See “Penalty – Effect on Use of Premises.”)

 

ARE NON-LICENSED RESTAURANTS PERMITTED TO ALLOW CUSTOMERS TO BRING THEIR OWN ALCOHOLIC BEVERAGES (“B.Y.O.B.”) FOR CONSUMPTION WITH THEIR MEALS?

 

Unless there is a local ordinance prohibiting it, customers of an unlicensed restaurant may be permitted by the ownership of the restaurant to bring and consume only wine and beer. The restaurant can supply glasses, ice, etc., but may not impose a cover, corkage or service charge. Also, under no circumstances may spirituous liquors be permitted. There may be no advertising whatsoever of the fact that wine or beer may be permitted. Additionally, the owner may not permit wine or beer to be consumed during hours in which the sale of these products is prohibited by licensees in that municipality, nor allow consumption of beer or wine by persons under 21 years or by persons who are actually or apparently drunk or intoxicated. (N.J.S.A. 2C:33-27.)

 

WHERE SHOULD VIOLATIONS OF THE “B.Y.O.B.” LAW BE REPORTED?

 

Since the statute (N.J.S.A. 2C:33-27) applies to non-licensed premises, violations should be reported to the police department of the municipality in which the offending restaurant is located.

Liquor (also hard liquor, hard alcohol, spirit, or distilled drink) is an alcoholic drink produced by distillation of grains, fruit, or vegetables that have already gone through alcoholic fermentation. The distillation process purifies the liquid and removes diluting components like water, for the purpose of increasing its proportion of alcohol content (commonly expressed as alcohol by volume, ABV). As liquors contain significantly more alcohol, they are considered “harder” – in North America, the term hard liquor is used to distinguish distilled alcoholic drinks from non-distilled ones.

As examples, this term does not include beverages such as beer, wine, mead, sake, or cider, as they are fermented but not distilled. These all have a relatively low alcohol content, typically less than 15%. Brandy is a liquor produced by the distillation of wine, and has an ABV of over 35%. Other examples of liquors include vodka, baijiu, soju, shochu, gin, rum, tequila, mezcal, whisky and other else.