In New Jersey, customers of an unlicensed restaurant may be permitted by the restaurant to bring their own wine or beer unless there is as municipal ordinance prohibiting it. However, restaurant owners may not advertise the fact that they are a B.Y.O.B. friendly restaurant. They also may not allow customers to bring liquor or hard alcohol to the restaurant. They may supply glasses, ice, etc. but cannot impose a cover charge, corkage charge, or service charge for any services related to supplying these items.

Furthermore, the restaurant must operate diligently and prevent anyone under the age of 21 years old from drinking. Similarly they must not allow any person who is visibly or apparently intoxicated from further drinking on the premises. In no event should a non licenses restaurant attempt to build a relationship with a distribution licensee for free delivery of wine and beer to its customers. Any violation of New Jersey B.Y.O.B. laws constitutes a disorderly persons offense that will be prosecuted in municipal court.

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Filed under: The Division of Alcoholic Beverage Control FAQs