Cory Seamer/Shutterstock New Jersey's Newly Enacted Open Container Statute
The Amendment reflects our legislature's commitment to Home Rule, the undergirdings of which are confidence that local government is best suited to determine what is best for its citizenry.
March 25, 2022 at 09:55 AM
5 minute read
State and Local Government
Effective Jan. 18, 2022, the New Jersey Legislature enacted an amendment to N.J.S.A. 40:48-1 delegating to municipalities the specific authority to "[d]esignate an open container area upon which people are permitted to carry and consume open containers of alcoholic beverages outdoors pursuant to … [N.J.S.A.]33:1-24.4." N.J.S.A.40:48-1(35). The reference to the contemporaneously enacted N.J.S.A. 33:1-24.1 ("the Amendment") is to the New Jersey Alcoholic Beverage Control Act ("the Act"), which contains several significant provisions respecting Home Rule.
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