Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senators Johnson, Zwicker, Gill, Turner and Stanfield
SYNOPSIS
Allows limited breweries to hold events and coordinate with certain food vendors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of alcoholic beverages and amending R.S.33:1-10.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.33:1-10 is amended to read as follows:
33:1-10. Class A licenses shall be subdivided and classified as follows:
Plenary brewery license 1a. The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse; provided, however, that the delivery of this product by the holder of this license to retailers licensed under this title shall be from inventory in a warehouse located in this State which is operated under a plenary brewery license. The fee for this license shall be $10,625.
Limited brewery license 1b. The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages in a quantity to be expressed in said license, dependent upon the following fees and not in excess of 300,000 barrels of 31 fluid gallons capacity per year and to sell and distribute this product to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse; provided, however, that the delivery of this product by the holder of this license to retailers licensed under this title shall be from inventory in a warehouse located in this State which is operated under a limited brewery license. The holder of this license shall be entitled to sell this product at retail to consumers on the licensed premises of the brewery for consumption on the premises, but only in connection with a tour of the brewery, or for consumption off the premises in a quantity of not more than 15.5 fluid gallons per person, and to offer samples for sampling purposes only pursuant to an annual permit issued by the director. If the holder of this license holds a bonded warehouse bottling license issued pursuant to subsection 5 of this section, product brewed in accordance with this subsection and transferred to a bonded warehouse for bottling and storage may be sold at retail and offered for sampling on the licensed premises of the brewery by the holder of this license. The holder of this license shall not sell food except as otherwise permitted pursuant to this section or operate a restaurant as defined in R.S.33:1-1 on the licensed premises but may offer to consumers or maintain on the licensed premises menus for the sale of food by any restaurant, food vendor, or food truck. The license holder also may allow a person to consume on the licensed premises and receive deliveries of food that was prepared by a restaurant, food vendor, or food truck as defined in this subsection. A food truck may be located on or in close proximity to the licensed premises in accordance with any ordinance concerning the operation of food trucks that is adopted by the municipality in which the licensed premises is located. The holder of this license shall be permitted to offer for sale or make the gratuitous offering of packaged crackers, chips, nuts, and similar snacks to consumers. The holder of this license shall be entitled to sell coffee brewed on the licensed premises.
The holder of this license shall be entitled to hold an unlimited number of on-premises special events for which the license holder may advertise and sell tickets prior to the event. The holder of this license also shall be entitled to hold an unlimited number of private parties for which the license holder may charge a fee to the party host. The holder of the license shall not be required to obtain a permit or provide electronic notification to the division prior to holding on-premises special events or private parties.
The fee for this license shall be graduated as follows:
to so brew not more than 50,000 barrels of 31 liquid gallons capacity per annum, $1,250;
to so brew not more than 100,000 barrels of 31 fluid gallons capacity per annum, $2,500;
to so brew not more than 200,000 barrels of 31 fluid gallons capacity per annum, $5,000;
to so brew not more than 300,000 barrels of 31 fluid gallons capacity per annum, $7,500.
For the purposes of this subsection [, "sampling"] :
Food truck means a food establishment regularly and principally used for the purpose of selling or providing meals to the public that is located upon a vehicle, or which is pulled by a vehicle, where food is cooked, prepared, or served for individual portion service.
On-premises special event means an event that is open to the public and held on the licensed premises or the sidewalk, parking lot, or other area owned by the licensee that is adjacent to or adjoining the licensed premises. An on-premises special event shall include, but not be limited to:
(1) trivia and quiz games;
(2) paint and sip;
(3) craftmaking;
(4) pop up shops;
(5) DJs, live music, and open mic;
(6) televised or streamed sporting events;
(7) educational events and seminars;
(8) movies and theatrical events;
(9) animal adoption, to the extent permitted by local ordinance; and
(10) yoga and exercise classes.
Private party means a special event held by a host on the premises of a limited brewery and shall include, but not be limited to, birthdays, weddings, anniversaries, civic and political functions, professional and trade association events, class reunion and alumni events.
Sampling means the selling at a nominal charge or the gratuitous offering of an open container not exceeding four ounces of any malt alcoholic beverage. For the purposes of this subsection, "product" means any malt alcoholic beverage that is produced on the premises licensed under this subsection.
Restricted brewery license. 1c. The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages in a quantity to be expressed in such license not in excess of 10,000 barrels of 31 gallons capacity per year. Notwithstanding the provisions of R.S.33:1-26, the director shall issue a restricted brewery license only to a person or an entity which has identical ownership to an entity which holds a plenary retail consumption license issued pursuant to R.S.33:1-12, provided that such plenary retail consumption license is operated in conjunction with a restaurant regularly and principally used