NJ restaurants can now advertise that they are BYOB, and we have a strip club to thank

Rebecca King | NorthJersey

Show Caption Hide Caption Are liquor laws flawed in New Jersey? NorthJersey.com looked at liquor laws in New Jersey, and asked the question, are they limiting economic opportunity in the state?

The state can no longer prosecute New Jersey restaurants and clubs for advertising that they allow customers to bring wine or beer to drink while dining, also known as BYO (bring your own). A federal judge has ruled the former ban unconstitutional on the grounds of free speech.

This decision came after the Atlantic City BYO strip club Stiletto sued Atlantic City, its police chief, the state attorney general and the New Jersey Division of Alcoholic Beverage Control.

The statute in question stated that BYO restaurants in New Jersey could not advertise that they allow the consumption of wine and beer on the premises. Any violation of this rule could lead to a disorderly person violation against the owner, which could, in turn, result in the restaurant's being barred from allowing alcohol on the premises.

Stiletto does not have a liquor license and allows guests to bring beer and wine into the strip club. Stiletto owners said they feared prosecution under the statute, which stopped them from advertising that the club is BYO, U.S. District Judge Joseph H. Rodriguez said in his statement.

Rodriguez went on to say he found no reason to continue to enforce the ban, as it infringes on First Amendment rights.

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“The State Defendants presented no compelling government interest for banning BYOB advertising, while permitting liquor stores and restaurants with liquor licenses to advertise on-site alcohol sales,” Rodriguez said in the ruling.

He continued: “While the State may, and does, regulate conduct regarding alcoholic beverages, it has not shown that regulating the speech concerning that conduct furthers a governmental interest sufficient to override the constitutional rights at stake in this case.”

North Jersey BYO owners are pleased with the ruling, but they don't predict it will bring much of a change for their businesses.

“I think it was just one of those rules that people ignored," said Chef Ehren Ryan, who owns Common Lot in Millburn. "I can’t imagine anyone was going to go out of their way to make sure people weren't advertising that their restaurant was BYO.”

Ryan says Common Lot had always listed on its website that it was BYO.

“There was no negative benefit to anyone if I advertised I was a BYO," he added. "The restaurants with liquor licenses don’t need to worry about it. I never really understood why it was a rule in the first place."

Chef Tim Hanley, who owns the BYOs Stella, No. 12 and S. Egidio, all in Ridgewood, said, "I think it's a good ruling, I think it's a fair ruling ... The law was petty. It was just a matter of semantics."

Hanley, who wasn't even aware of the rule when he opened his first BYO, gets quite a few calls every week from customers for clarification on bringing wine and beer to his restaurants.

"That whole jumping through hoops to get that information for you as the diner — I think that's where it will save us," he said. "And for a restaurant like No. 12, we don't even have a phone. Prior to today we couldn't even write we were BYOB."

Jenna and Joseph Cuccia, the owners of 17 Summer Restaurant in Lodi, say they had always paid meticulous attention to the New Jersey liquor laws and made sure to comply with them. So they never advertised that their restaurant is BYO. Yet Jenna said she doesn't think this new ruling will have a big impact on her restaurant, either.

“There are so many restaurants in New Jersey that are BYOB, so I don’t think it’ll help or hurt our business," she said. "It’s just what the client wants in that moment — if they’re in the mood for a martini or to bring their own wine to dinner.”

She said the bigger fight is to make liquor licenses easier to obtain for restaurants in general, though she called the new ruling a good sign: “This is not a big step, but it’s a step in the right direction.”

Check back for more on this developing story.

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