N.J. Admin. Code § 13:2-23.16

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

Section 13:2-23.16 - Prohibited promotions

(a) Except for consumer alcoholic beverage tasting events conducted in accordance with N.J.A.C. 13:2-37, and promotions permitted in this section, no licensee, permittee or brand registrant shall, directly or indirectly, allow, permit or suffer any practice or promotion that:

1. Offers unlimited availability of any alcoholic beverage for consumption on a licensed premises, for a set price, except for:

i. Private parties, not sponsored by the licensee, such as wedding and birthday parties, and events held by social affair permittees; or

ii. New Year's Eve parties sponsored by a licensee where a set price for attendance includes an open bar;

2. Offers to a patron or consumer a free drink, gift, prize or anything of value, conditioned upon the purchase of an alcoholic beverage or product, except for:

i. Branded or unique glassware or souvenirs in connection with a single purchase;

ii. Consumer mail-in rebates offered in accordance with N.J.A.C. 13:2-24.11;

iii. Manufacturer's sweepstakes and contests, not prohibited by law, where entry or opportunity to win is open to the public without a requirement that a purchase be made;

iv. Discounts offered by retailers to consumers on the purchase of alcoholic beverages for off premises consumption;

v. Offers of not more than one free drink per patron, as a gesture of good will, in a 24 hour period, by an on-premise consumption licensee;

vi. Offers of not more than one free drink coupon, ticket, or token redeemable by a patron, once in a 24 hour period;

vii. Offers of a set price for a meal that includes a single alcoholic beverage drink; or

viii. Offers of a single bottle of wine or champagne to guests staying at a licensed hotel or motel, as part of a specialty package, provided that the primary guests are of legal drinking age;

3. Requires or allows a consumer to prepurchase more than one drink or product at a time via tickets, tokens, admission fees, or the like, as a condition for entry into a licensed premises or as a requirement for service or entertainment thereon;

4. Offers any prize, gift or award which consists of alcoholic beverages or coupons or gift certificates which may be redeemed for alcoholic beverages, such as two for one, and the like, except for a prize consisting of alcoholic beverages in sealed containers offered in a raffle licensed pursuant to N.J.S.A. 5:8-50. A coupon or gift certificate, other than a certificate purchased by a consumer for an amount equal to the dollar value of the certificate, shall expressly state that the certificate shall not be applied toward the purchase or consumption of alcoholic beverages; or

5. Contains an instant win coupon, ticket, cap, game card or the like.

(b) No prize or promotion shall be given to, nor shall any contest for consumers be open to, any person under the legal age to purchase or consume alcoholic beverage, any supplier, wholesaler, distributor or retailer; or affiliates, employees or members of the immediate family or household of any such persons or entities.

N.J. Admin. Code § 13:2-23.16

New Rule, R.1980 d.304, effective 7/3/1980.
See: 12 N.J.R. 343(b), 12 N.J.R. 494(b).
Amended by R.1983 d.527, effective 11/21/1983.
See: 15 N.J.R. 1558(a), 15 N.J.R. 1946(a).
In (a)2, added "or consumer mail-in rebates offered by alcoholic beverage producers or importers in accordance with N.J.A.C. 13:2-24.11".
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 N.J.R. 2051(a), 27 N.J.R. 3177(a).
Excepted "consumer alcoholic beverage tastings" and "tasting dinners" from operation of section; divided (a)2 into (a)2.i and (a)2.ii; and added (a)2.iii, (b) and (c).
Amended by R.1996 d.271, effective 6/17/1996.
See: 27 N.J.R. 2051(a), 28 N.J.R. 3177(a).
Amended by R.2000 d.342, effective 8/21/2000.
See: 32 N.J.R. 1717(a), 32 N.J.R. 3162(a).
Rewrote the section.
Amended by R.2006 d.67, effective 2/21/2006.
See: 37 N.J.R. 3221(a), 38 N.J.R. 1193(a).
In introductory paragraph (a), substituted "tasting events" for "tastings or tasting dinners"; added (a)5.