2023 Highlights

• Under ABC Special Ruling (SR 2022-15) ABC created a Third-Party Delivery Permit which authorizes the permittees to deliver alcoholic beverages to consumers’ residences on behalf of retail consumption licensees and retail distribution licensees. This Special Ruling sets forth the qualification for safe and responsible delivery, privileges and requirements for obtaining a permit. ABC issued the first two permits of this type to Door Dash Inc. and Maplebear Delivery LLC (Instacart) in November 2023.
• ABC has continued to develop relationships with stakeholders to promote public safety. In 2023, ABC Investigations Bureau partnered with municipal police departments and other law enforcement agencies to conduct joint investigations and compliance inspections to address complaints of unsafe practices in licensed establishments. These joint operations involved licensees implicated in narcotics, illegal weapons or human trafficking.
• In a case brought by an unlicensed, out of state wine retailer, the U.S. District Court found in favor of ABC, holding that the New Jersey system requiring a retailer to have a physical presence in the state is a valid exercise of the State’s authority under the 21st Amendment and serves a legitimate non-protectionist purpose of protecting public health and safety. The court found that New Jersey’s system of alcohol regulation protects public health and safety and that the predominant effect of the challenged law is not protectionism. At the close of 2023, the case was pending appeal in the U.S. Court of Appeals for the Third Circuit.