NEW JERSEY — Gov. Mikie Sherrill signed legislation Friday making permanent New Jersey rules allowing restaurants, bars and other eligible businesses to sell and deliver certain alcoholic beverages for off-premises consumption.
The law, Senate Bill 4384, permanently extends provisions first established during the COVID-19 pandemic that allow certain retail consumption licensees to sell mixed cocktails in closed and sealed containers for off-premises consumption.
The law also allows craft distillery license holders to sell and deliver their products for off-premises consumption under certain conditions. The temporary privileges had been scheduled to expire Sept. 1.
“New Jersey’s small businesses shouldn’t have to navigate outdated rules just to serve their customers and grow,” said Governor Sherrill. “Cocktails to-go worked, customers liked it, and small businesses told us it was another way to bring in revenue. Today, we’re making it permanent.”
According to the National Restaurant Association, in states where alcohol-to-go is permitted, 79% of wine drinkers, 77% of beer drinkers and 74% of cocktail drinkers were more likely to choose a restaurant for delivery based on the ability to order cocktails to-go.
“Cocktails to-go helped restaurants and bars keep business moving during the pandemic, and they have continued to be a convenient option for customers,” said Senator Vin Gopal. “Making this permanent gives our hospitality businesses another way to serve their customers and generate revenue while keeping commonsense safeguards in place for the sale and delivery of alcohol.”
“During the pandemic, this commonsense policy helped restaurants survive on of the toughest periods in their industry’s history,” said Senator Declan O’Scanlon. “I’m proud that the flexibility we gave these businesses will now be permanently available to them with the signing of this law.”
“New Jersey restaurants, breweries, and other small businesses are an essential part of our economy and should have the flexibility to serve their customers where they are without being disrupted by unnecessary red tape,” said Assemblywoman Luanne Peterpaul. “During the pandemic, we saw how beneficial the temporary enactment of allowing the sale and delivery of alcoholic beverages was. By making this permanent, we can give local businesses additional opportunities to grow, increase revenue, and contribute to our economy. We need to support our small businesses by giving them the tools they need to succeed, and this bill does exactly that.”
“For family-owned small businesses like mine, every opportunity to better serve our guests and generate additional revenue matters. Giving our guests the opportunity to bring a piece of our brand home with them is priceless,” said Matthew Borowski, Owner of 618 Restaurant and The Death of Hospitality Group. “We’re grateful to Governor Sherrill for making sure New Jersey’s restaurants have the flexibility they need to succeed.”
“Making cocktails to-go permanent is a meaningful solution for New Jersey’s hospitality industry,” said Daniel Klim, New Jersey Restaurant & Hospitality Association President & CEO. “This law preserves a popular and convenient option for customers while providing restaurants and bars with an additional revenue stream. We thank Governor Sherrill and the Legislature for their support and for ensuring this successful policy can continue.”
Under the new law, businesses such as restaurants, hotels and bars with retail consumption licenses may sell alcoholic beverages in their original containers and mixed alcoholic beverages in closed and sealed containers for off-premises consumption.
Those businesses may also deliver mixed alcoholic beverages in closed and sealed containers and malt beverages, including beer and hard seltzers, in their original sealed containers. Deliveries may be made by the licensed business or a licensed third-party delivery service.
The legislation also allows craft distilleries to sell mixed drinks for on-premises consumption when the distilled alcohol is manufactured at the licensed premises.
Craft distilleries may also sell mixed drinks made with their own distilled alcohol for off-premises consumption in containers with tamper-evident seals. Distilleries may sell their products in original containers accompanied by nonalcoholic beverages or food items that consumers can use to make mixed drinks.
The Legislature initially enacted the temporary alcohol-to-go provisions during the COVID-19 pandemic. The new law permanently codifies those provisions.
