N.J. Admin. Code § 13:2-38.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:2-38.1 - Retail package sales hours

(a) Subject to local options as expressed in the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq. and except as further specified in (b) below, no licensee shall allow, permit or suffer the sale, service or delivery of any alcoholic beverage at retail in its original container for consumption off the licensed premises, or the removal of any alcoholic beverage in its original container from retail licensed premises, before 9:00 A.M. or after 10:00 P.M. on any day of the week.

(b) However, if the sale of alcoholic beverages for consumption on the premises is authorized in a municipality, the sale, service or delivery of wine and malt alcoholic beverages in original containers for consumption off the premises shall be authorized on the same days and during the same hours.

(c) Cities of the first class may establish by ordinance separate hours of sale for each type of retail license, and separate hours for each type of retail license for sales by such licenses of alcoholic beverages for on-premises and off-premises consumption.

N.J. Admin. Code § 13:2-38.1

Amended by R.1973 d.234, effective 8/30/1973.
See: 5 N.J.R. 356(a).
Amended by R.1981 d.71, effective 5/1/1981.
See: 13 N.J.R. 37(b), 13 N.J.R. 238(b).
Added "Subject to . . . N.J.A.C. 13:2-38.2" and "pursuant to N.J.S.A. 33:1-40.3".
Amended by R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
Revised to include service and wine; other textual revisions.
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 N.J.R. 2051(a), 27 N.J.R. 3177(a).
Divided existing text into (a) and (b) and added (c).
Amended by R.2000 d.342, effective 8/21/2000.
See: 32 N.J.R. 1717(a), 32 N.J.R. 3162(a).
Rewrote (c).