N.J. Admin. Code § 13:69I-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69I-3.3 - Conditions of operation in Type III (package goods) locations

(a) No CHAB licensee shall, in a Type III location, sell any alcoholic beverage for delivery to any other area in, on or about the premises.

(b) No CHAB licensee shall, in a Type III location, sell any alcoholic beverage in other than original sealed containers or for consumption within the Type III authorized location.

(c) Activities conducted on Type III authorized premises may include the retail sale of distillers' and vintners' packaged holiday merchandise prepacked as a unit with suitable glassware as gift items to be sold only as a unit, cigars, cigarettes, packaged crackers, chips, nuts and similar snacks, ice and non-alcoholic beverages as accessory beverages to alcoholic beverages, and any other merchandise reasonably related to the enjoyment of alcoholic beverages or the retail theme of the CHAB licensee, including, without limitation, novelty wearing apparel identified with the name or the trade name(s) of the CHAB licensee, as long as such merchandise will not have the effect of inducing persons under the age of 21 to enter the Type III CHAB location; and with respect to Type III premises of a CHAB licensee which holds a casino license and operates a casino hotel, the sale of merchandise items incidental to the operation of the hotel as an accommodation to patrons, souvenirs, sundries and hotel gift shop items.

(d) No CHAB licensee shall allow, permit or suffer any alcoholic beverage to be consumed in or upon a Type III location, nor shall any CHAB licensee possess or allow, permit or suffer any open containers of alcoholic beverages in or upon its Type III location; provided, however, that opened bottles of alcoholic beverages returned by a customer as allegedly defective may be so possessed pending return to the manufacturer or wholesaler; and further provided that the container is immediately resealed and labeled with the name and address of the customer and the date of return by the customer.

(e) Notwithstanding (b) and (d) above, the Division may, pursuant to 13:69I-1.4(d), issue a Type II and a Type III authorization for the same location or a Type III authorization for a specific area of a Type II authorized location.

N.J. Admin. Code § 13:69I-3.3