Are non-licensed restaurants permitted to allow customers to bring their own alcoholic beverages (byob) 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 liquor 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 the age of 21 years or by persons who are actually or apparently drunk or intoxicated. (N.J.S.A. 2C:33-27).
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