Written by: Paul Barnes | March 30, 2021

By: Paul Barnes

A bill, NJ A1478, recently passed in New Jersey that allows for some drinking of alcohol during musical, theatrical performances or concerts. The bill passed on 1/21/2020, if you are very interested into going to theaters or operate one yourself, then this will be an important read for you.

What Does the Bill do?

The bill allows for the governing body of a municipality, upon approval by the Director of the Division of Alcoholic Beverage Control to issue a plenary retail consumption license to a nonprofit corporation. It goes on to state that a non-profit corporation that can apply needs to have 501(c)(3) tax exempt status with the IRS and needs to regularly conduct musical, theatrical performances or concerts where admission is charged.

A non-profit or its restaurant operator that is approved can sell alcohol for consumption under the following circumstances:

  1. During the two hours before a performance
  2. During the performance (and intermissions)
  3. Theaters with 1000 or more seats can sell it during the two hours after a performance
  4. Theaters with at least 50 seats but less than 1000 can only sell it two hours after a performance a maximum of 15 times per calendar year.

Lastly, a licensed premise is the physical location the musical, theatrical performance or concert is held, and any adjacent premises owned and operated by the licensee.

A Few Things to Note About the Bill

The bill provides for the use of alcohol in only non-profit theaters, this means that not all theaters will be able to sell alcohol. Additionally, the bill puts restrictions on the smaller theaters by making it so they can only sell alcohol after 15 performances and no more per year.

Ultimately the main thing to note is that the law used to favor larger theaters over smaller theaters, but at least now the smaller theaters are included to some degree.

It should also be reiterated that a theater must be approved before they can begin to sell alcohol. Hence, some theaters might be reject and unable to sell alcohol.

What Are the Pros and Cons of the Bill?

Pros:

  • Would help theaters sell more products.
  • Allows (some) theater goers to have a more enjoyable experience.
  • Would help theaters attract a wider audience.
  • Gives individuals more liberty to drink what they want.

Cons

  • Drunk individuals can make the experience less pleasant for others as they tend to be loud/rowdy.
  • Some people will drive home after, driving and drinking is both dangerous and illegal.
  • Theaters that are, for whatever reason, not approved, would likely lose out on business to the theaters that are approved.

Note: Yes, I put better and worse experience in both pros and cons. Naturally, if you enjoy drinking, then being able to do so at a theater will likely enhance the experience. But, if you just want to watch/listen, then having a bunch of people who might be more rowdy from drinking would hurt the experience.