New Jersey § 5:12-103

§ 5:12-103.

a. Notwithstanding any law to the contrary, the authority to grant any license for,

or to permit or prohibit the presence of, alcoholic beverages in, on, or about any

premises licensed as part of a casino hotel shall exclusively be vested in the division . b. Unless otherwise stated, and except where inconsistent with the purpose or intent

of this act or the common understanding of usage thereof, definitions contained in

Title 33 of the Revised Statutes 1 shall apply to this section. Any definition contained therein shall apply to the same word in any form. c. Notwithstanding any provision of Title 33 of the Revised Statutes, the rules, regulations

and bulletins promulgated by the director of the Division of Alcoholic Beverage Control,

or any provision promulgated by any local authority, the authority to issue, renew,

transfer, revoke or suspend a Casino Hotel Alcoholic Beverage License or any portion,

location, privilege or condition thereof; to fine or penalize a Casino Hotel Alcoholic

Beverage Licensee; to enforce all statutes, laws, rulings, or regulations relating

to such license; and to collect license fees and establish application standards

therefor, shall be, consistent with this act, exclusively vested in the division. d. Except as otherwise provided in this section, the provisions of Title 33 of the

Revised Statutes and the rules, regulations and bulletins promulgated by the Director

of the Division of Alcoholic Beverage Control shall apply to a Casino Hotel and Casino

Hotel Alcoholic Beverage Licensee licensed under this act. e. Notwithstanding any provision to the contrary, the division may promulgate any regulations and special rulings and findings as may be necessary

for the proper enforcement, regulation, and control of alcoholic beverages in casino

hotels when the division finds that the uniqueness of casino operations and the public interest require that

such regulations, rulings, and findings are appropriate. Regulations of the division may include but are not limited to: designation and duties of enforcement personnel;

all forms necessary or convenient in the administration of this section; inspections,

investigations, searches, seizures; licensing and disciplinary standards; requirements

and standards for any hearings or disciplinary or other proceedings that may be required

from time to time; the assessment of fines or penalties for violations; hours of

sale; sales in original containers; sales on credit; out-of-door sales; limitations

on sales; gifts and promotional materials; locations or places for sale; control

of signs and other displays; identification of licensees and their employees; employment

of aliens and minors; storage, transportation and sanitary requirements; records

to be kept by the Casino Hotel Alcoholic Beverage Licensees and availability thereof;

practices unduly designed to increase consumption of alcoholic beverages; and such

other matters whatsoever as are or may become necessary and consistent with the administration

of this act. f. (1) It shall be unlawful for any person, including any casino licensee or any of

its lessees, agents or employees, to expose for sale, solicit or promote the sale

of, possess with intent to sell, sell, give, dispense, or otherwise transfer or dispose

of alcoholic beverages in, on or about any portion of the premises of a casino hotel,

unless said person possesses a Casino Hotel Alcoholic Beverage License. Nothing herein or in any other law to the contrary, however, shall prohibit a casino

beverage server in the course of his or her employment from inquiring of a casino

patron whether such patron desires a beverage, whether or not such inquiry is phrased

in terms of any word which may connote that the beverage is an alcoholic beverage. (2) It shall be unlawful for any person issued a Casino Hotel Alcoholic Beverage License

to expose, possess, sell, give, dispense, transfer, or otherwise dispose of alcoholic

beverages, other than within the terms and conditions of the Casino Hotel Alcoholic

Beverage License issued, the provisions of Title 33 of the Revised Statutes, the rules

and regulations promulgated by the Director of the Division of Alcoholic Beverage

Control, and, when applicable, the regulations promulgated pursuant to this act. (3) Notwithstanding any other law to the contrary, a manufacturer, wholesaler, or

other person licensed to sell alcoholic beverages to retailers, or third parties at

their discretion, may, in addition to the activities permitted by section 10 of P.L.2005, c. 243 ( C.33:1-43.2 ), jointly sponsor with the Casino Hotel Alcoholic Beverage Licensee musical or theatrical

performances or concerts, sporting events and such similar events and festivals, with

an anticipated overall audience attendance of at least one thousand patrons, as may

be approved by the division. g. In issuing a Casino Hotel Alcoholic Beverage License the division shall describe the scope of the particular license and the restrictions and limitations

thereon as it deems necessary and reasonable. The division may, in a single Casino Hotel Alcoholic Beverage License, permit the holder of such

a license to perform any or all of the following activities, subject to applicable

laws, rules and regulations: (1) To sell any alcoholic beverage by the glass or other open receptacle including,

but not limited to, an original container, for on-premise consumption within a casino

or simulcasting facility; provided, however, that no alcoholic beverage shall be

sold or given for consumption; delivered or otherwise brought to a patron; or consumed

at a gaming table unless so requested by the patron. (2) To sell any alcoholic beverage by the glass or other open receptacle for on-premise

consumption within a casino hotel, but not in a casino or simulcasting facility, or

from a fixed location outside a building or structure containing a casino but on a

casino hotel premises. (3) To sell any alcoholic beverage in original containers for consumption outside

the licensed area from an enclosed package room not in a casino or simulcasting facility. (4) To sell any alcoholic beverage by the glass or other open receptacle or in original

containers from a room service location within an enclosed room not in a casino or

simulcasting facility; provided, however, that any sale of alcoholic beverages is

delivered only to a guest room or to any other room in the casino hotel authorized

by the division , other than any room authorized by the division pursuant to paragraph (1), (3), or (5) of this subsection. (5) To possess or to store alcoholic beverages in original containers intended but

not actually exposed for sale at a fixed location on a casino hotel premises, not

in a casino or simulcasting facility; and to transfer or deliver such alcoholic beverages

only to a location approved pursuant to this section; provided, however, that no

access to or from a storage location shall be permitted except during the normal course

of business by employees or agents of the licensee, or by licensed employees or agents

of wholesalers or distributors licensed pursuant to Title 33 of the Revised Statutes

and any applicable rules and regulations; and provided further, however, that no

provision of this section shall be construed to prohibit a Casino Hotel Alcoholic

Beverage Licensee from obtaining an off-site storage license from the Division of

Alcoholic Beverage Control. h. (Deleted by amendment, P.L.2011, c. 19 ) i. The division may revoke, suspend, refuse to renew or refuse to transfer any Casino Hotel Alcoholic

Beverage License, or fine or penalize any Casino Hotel Alcoholic Beverage Licensee

for violations of any provision of Title 33 of the Revised Statutes, the rules and

regulations promulgated by the Director of the Division of Alcoholic Beverage Control,

and the regulations promulgated by the division . j. Jurisdiction over all alcoholic beverage licenses previously issued with respect

to the casino hotel facility is hereby vested in the division , which in its discretion may by regulation provide for the conversion thereof into

a Casino Hotel Alcoholic Beverage License as provided in this section. 1

See N.J.S.A. § 33:1-1.