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Bill

Bill

S 3389

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

2026-2027 Regular Session Introduced by Raj Mukherji

New Jersey bill authorizes restaurants to advertise BYOB service and charge corkage fees for consuming outside-purchased alcohol on premises.

Introduced in the Senate, Referred to Senate Law and Public Safety Committee
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Bill Summary · S 3389

Legislative bill overview

S 3389 permits restaurants in New Jersey to openly advertise that customers can bring their own alcohol purchased elsewhere and consume it on the premises. The bill also explicitly authorizes restaurants to charge corkage fees (service charges for opening and serving outside alcohol) or other service fees for this privilege.

Why is this important

This legislation addresses a gray area in dining law by clarifying consumer rights and restaurant business practices. It could expand affordable dining options for budget-conscious consumers while generating additional revenue for restaurants through corkage fees, particularly benefiting establishments in food-focused neighborhoods or lower-margin venues.

Potential points of contention

  • Alcohol licensing and tax implications: Licensed establishments may argue this undermines their revenue model since they purchase alcohol at wholesale prices and mark it up significantly; state alcohol tax collection could be affected if customers bypass on-premise purchases
  • Health and safety oversight: Outside alcohol may lack verification for proper storage, authenticity, or safety standards that licensed distributors maintain; enforcement of responsible service becomes complicated
  • Competitive fairness: Full-service restaurants with extensive wine collections and invested capital in licensing may face unfair competition from casual establishments relying on customer-brought beverages

Compiled from official sources — confirm details with the bill’s official record.

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