A5101

An Act concerning pedicabs and amending P.L.2022, c.16.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2022, c.16 (C.39:4-31.6) is amended to read as follows:

1. a. A pedicab operator shall be permitted to operate a pedicab under the following conditions:

(1) operation of a pedicab is authorized by ordinance adopted by the governing body of the municipality in which the pedicab operates;

(2) the pedicab operator shall be at least 21 years of age and shall possess a valid driver's license issued by New Jersey or another state;

(3) the pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, a headlight, and grab rails;

(4) the owner of the pedicab shall maintain a general liability insurance policy in a minimum amount of $500,000 of coverage per accident;

(5) the pedicab operator shall not operate the pedicab on any highway with a posted speed limit in excess of 30 miles per hour, except to cross the highway at an intersection;

(6) the pedicab operator shall operate a pedicab as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn; and

(7) the pedicab owner, pedicab operator, and pedicab meet any other requirements as may be required by ordinance adopted by the governing body of the municipality in which the pedicab operates [, except that a municipality shall not restrict a pedicab operator from permitting the consumption of alcoholic beverages in accordance with subsection b. of this subsection].

b. A pedicab operator authorized to operate a pedicab in accordance with subsection a. of this section may permit the consumption of alcoholic beverages by passengers of the pedicab under the following conditions:

(1) the operator of the pedicab does not consume alcoholic beverages while operating the pedicab;

(2) each passenger of the pedicab is at least 21 years of age;

(3) alcoholic beverages are limited to single-serving sealed containers of: beer; wine; hard cider; mead; other malt beverages; other fermented beverages, such as hard seltzer and hard tea; and prepared mixed beverages made with spirits;

(4) the owner or operator of the pedicab does not sell or offer for sale to passengers food, alcoholic beverages, or any other liquid refreshments; [and]

(5) the pedicab is equipped with as many waste receptacles as necessary to permit each passenger to reach a waste receptacle while seated ; and

(6) consumption of alcoholic beverages by passengers of a pedicab is authorized by ordinance adopted by the governing body of the municipality in which the pedicab operates.

(cf: P.L.2022, c.16, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill permits municipalities to determine whether operators of pedicabs are authorized to allow pedicab passengers to consume alcoholic beverages.

Under current law, a municipality has the authority to enact an ordinance to permit the operation of pedicabs within its boundaries and may establish requirements for the operation of pedicabs. However, a municipality that has enacted an ordinance to permit the operation of pedicabs may not prohibit the consumption of alcoholic beverages by passengers as long as the consumption otherwise meets statutory requirements, such as minimum passenger age for consumption and type of alcoholic beverages to be consumed.

This bill provides municipalities with the discretion to authorize passenger consumption of alcoholic beverages by ordinance adopted by the governing body of the municipality.