United States District Court Strikes Down Ban on BYOB Advertising

United States District Court Strikes Down Ban on BYOB Advertising

United States District Court Strikes Down Ban on BYOB Advertising

New Jersey restaurant owners are free to advertise their BYOB policies after the Court's decision.

A recent United States District Court decision is good news for local restaurant owners who allow patrons to bring their wine and beer to their establishment, commonly known as "BYOB." Before this decision, owners of restaurants without a liquor license could not advertise their BYOB status in New Jersey.

In contrast, establishments with liquor licenses could advertise their on-site alcohol sales. In the case of GJJM Enterprises v. the City of Atlantic City, et. al., the United States District Court, District of New Jersey, ruled that it was unconstitutional to ban BYOB advertising on the grounds of the First Amendment's free speech protections. 

The Court determined that there was no benefit to the public interest to limit BYOB advertising for non-licensed establishments. Letting potential customers know that they can bring their wine and beer into your restaurant is essential to your marketing strategy. However, it is important to know other regulations that may impact whether and how you can advertise your restaurant's BYOB policy. 

Additional Regulations for Advertising BYOB Policies

There are other rules and regulations to keep in mind when advertising BYOB policies for your establishment. First, there are rules around the nature of advertisements, namely that they are not lewd or misleading and do not target minors or encourage underage drinking. 

Additionally, restaurant owners should be mindful of local ordinances municipalities may have in place around BYOB permissibility, hours of operations, and other factors within the purview of localities to determine. 

If you have questions about this new ruling and what it means for your business, or if you have other questions about New Jersey alcohol sale regulations, contact the Law Office of H. Benjamin Sharlin LLC.

We want to ensure you can operate your business as successful as possible while staying within the letter of the law. Contact us today to schedule a consultation.

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