Senate Commerce Committee Statement to Senate, No. 1299 (May 13, 2024)

Summary

Senate Commerce Committee statement to Senate, No. 1299, with committee amendments, State of New Jersey, dated May 13, 2024. The committee reports favorably and with committee amendments Senate Bill No. 1299, which as amended requires certain alcoholic beverage licensees to carry a policy of alcoholic beverage liability insurance, unless the person carries a commercial general liability policy that provides coverage for alcoholic beverage liability. The statement says the policy is to be in an amount of not less than $500,000 of coverage and that persons subject to the bill provide proof of the policy. It says failure to meet the requirements will be grounds for suspension or revocation of the license, and that the committee amended the bill to stipulate this.

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     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 1299
                   with committee amendments



 STATE OF NEW JERSEY
                       DATED: MAY 13, 2024

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 1299.
    As amended, this bill requires certain alcoholic beverage
licensees to carry a policy of alcoholic beverage liability insurance,
unless the person carries a commercial general liability policy that
provides coverage for alcoholic beverage liability. The licensees
captured under the bill are: (1) pursuant to R.S.33:1-10, the
following Class A licenses: limited brewery license; restricted
brewery license; plenary winery license; farm winery license;
cidery and meadery license; and craft distillery license; (2) pursuant
to R.S.33:1-12, the following Class C licenses: plenary retail
consumption license; seasonal retail consumption license; plenary
retail consumption license with broad package privilege; plenary
retail transit license; club license; sports facility license; and broad
“C” license functioning in whole or in part as an on-premise
consumption license; and (3) any other license or permit issued by
the Director of the Division of Alcoholic Beverage Control or the
Division of Gaming Enforcement, or which is created by the
Legislature subsequent to the enactment of the bill that permits the
holder of the license or permit to sell or serve alcoholic beverages
by the drink to the public, including certain specific licenses. The
bill requires that persons subject to the provisions of the bill
provide proof of the alcoholic beverage liability insurance policy.
    This bill provides that the alcoholic beverage liability insurance
policy required pursuant to the bill is to be in an amount of not less
than $500,000 of coverage.
    The purpose of the bill is not to modify existing insurance
contract provisions governing liquor sales liability coverages or
exclusions, but rather to require sellers to purchase appropriate
coverage to protect themselves and their customers.
    The failure to meet the requirements of the bill will be grounds for
suspension or revocation of the alcoholic beverage license.
    This bill was pre-filed for introduction in the 2024-2025 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
                                  2

COMMITTEE AMENDMENTS:
   The committee amended the bill to stipulate that the failure to meet
the requirements of the bill will be grounds for suspension or
revocation of a license.


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