[Second Reprint]

SENATE, No. 775

STATE OF NEW JERSEY

220th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

Sponsored by:

Senator  NELLIE POU

District 35 (Bergen and Passaic)

Senator  JOSEPH P. CRYAN

District 20 (Union)

Co-Sponsored by:

Senator Bramnick

SYNOPSIS

     Requires person with an alcoholic beverage license to carry alcoholic beverage liability insurance under certain circumstances.

CURRENT VERSION OF TEXT

     As amended by the Senate on March 3, 2022.

An Act concerning alcoholic beverage liability insurance and supplementing Title 33 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

²[1.    Notwithstanding the provisions of any law, rule, or regulation to the contrary, every person holding ¹[a Class A, Class B, Class C, Class D, or Class E license] ,¹ pursuant to Title 33 of the Revised Statutes¹, the following licenses¹ shall carry a policy of alcoholic beverage liability insurance unless the person carries a commercial general liability policy that provides coverage for alcoholic beverage liability ¹:

a.     pursuant to R.S.33:1-10, the following Class A licenses:

(1)   limited brewery license;

(2)   restricted brewery license;

(3)   plenary winery license;

(4)   farm winery license

(5)   instructional winemaking facility license;

(6)   cidery and meadery license; and

(7)   craft distillery license; and

b.    pursuant to R.S.33:1-12, the following Class C licenses:

(1)   plenary retail consumption license;

(2)   seasonal retail consumption license;

(3) plenary retail transit license;

(4)   club license;

(5) sports facility license; and

(6)   broad “C” license functioning in whole or in part as an on-premise consumption license¹.]²

²1.   a.  Notwithstanding the provisions of any law, rule, or regulation to the contrary, every person holding, pursuant to Title 33 of the Revised Statutes, the following licenses shall carry a policy of alcoholic beverage liability insurance, in an amount not less than $500,000, unless the person carries a commercial general liability policy that provides coverage for alcoholic beverage liability:

(1)   pursuant to R.S.33:1-10, the following Class A licenses:

(a)   limited brewery license;

(b)   restricted brewery license;

(c)   plenary winery license;

(d)   farm winery license

(e)   cidery and meadery license; and

(f)   craft distillery license;

(2)   pursuant to R.S.33:1-12, the following Class C licenses:

(a)   plenary retail consumption license;

(b)   seasonal retail consumption license;

(c) plenary retail consumption license with broad package privilege;

(d)   plenary retail transit license;

(e) club license; and

(f)   sports facility license; and

(3)   Any other license or permit issued by the Director of the Division of Alcoholic Beverage Control or the Division of Gaming Enforcement, or which is created by the Legislature subsequent to the effective date of P.L.    c.    (C.        ) (pending before the Legislature as this bill), that permits the holder of the license or permit to sell or serve alcoholic beverages by the drink to the public including, but not limited to:

(a)   special contingency permits;

(b)   casino hotel alcoholic beverage licenses;

(c)   concessionaire permits;

(d)   special permit for a golf facility; and

(e)   temporary permits pending the issuance of a license or other permit.

b.   Within 60 days of the effective date of P.L.    c.    (C.        ) (pending before the Legislature as this bill), every person subject to the provisions of P.L.    c.    (C.        ) (pending before the Legislature as this bill) shall provide to the Division of Alcoholic Beverage Control proof of the alcoholic beverage liability insurance required pursuant to subsection a. of this section.  Thereafter, proof of the alcoholic beverage liability insurance required pursuant to subsection a. of this section shall be required as a condition of annual license renewal and shall be provided to the issuing municipality or other agency prior to the renewal.²

     2.    This act shall take effect on the 90th day next following the date of enactment.