Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Makes permanent temporary enactment allowing certain alcoholic beverage retailers to sell and deliver alcoholic beverages and mixed drinks; establishes certain sale and delivery privileges for alcoholic beverage manufacturers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale and delivery of alcoholic beverages, supplementing Title 33 of the Revised Statutes, and amending R.S.33:1-10 and R.S.33:1-12.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The holder of a plenary retail consumption license, plenary retail consumption license used in connection with a hotel or motel, seasonal retail consumption license issued pursuant to R.S.33:1-12, or concessionaire permit shall be entitled to:
(1) sell on the licensed or permitted premises for consumption off the licensed or permitted premises any alcoholic beverages in original containers or in any other closed and sealed containers or any distilled alcoholic beverages mixed or blended with other alcoholic or nonalcoholic beverages in closed and sealed containers; and
(2) deliver, by common carrier or otherwise, directly to the residence of a consumer within this State who is 21 years of age or older for consumption off the licensed or permitted premises any alcoholic beverages in original containers or in any other closed and sealed containers or any distilled alcoholic beverages mixed or blended with other alcoholic or nonalcoholic beverages in closed and sealed containers.
b. Containers in which alcoholic beverages are sold or delivered pursuant to this section shall be affixed with a tamper evident seal and may be of any size, except that containers, other than original containers, in which any distilled alcoholic beverages mixed or blended with other alcoholic or nonalcoholic beverages are sold or delivered pursuant to this section shall have a maximum capacity of 16 fluid ounces.
2. (New section) a. As used in this act, out-of-State craft manufacturer means the holder of license issued by another state that entitles the licensee to manufacture:
(1) malt alcoholic beverages in a quantity not to exceed 300,000 barrels of 31 fluid gallons capacity of malt alcoholic beverages per year;
(2) wine in a quantity not to exceed 250,000 gallons per year;
(3) hard cider in a quantity not to exceed 50,000 barrels of 31 fluid gallons capacity per year;
(4) mead in a quantity not to exceed 250,000 gallons per year; or
(5) distilled alcoholic beverages in a quantity not to exceed 20,000 gallons per year.
b. An out-of-State craft manufacturer shall be entitled to deliver the licensee s products directly to the residence of a consumer within this State who is 21 years of age or older in original containers for personal consumption and not for resale. A license holder shall transport alcoholic beverages pursuant to this section in a vehicle owned, operated, or otherwise used in connection with the licensed premises.
c. Any vehicle used by an out-of-State craft manufacturer to deliver alcoholic beverages pursuant to this section shall display a transit insignia issued by the director pursuant to R.S.33:1-28.
d. Nothing in this section shall be construed to limit or otherwise affect sales or direct shipping privileges otherwise established by statute, rule, or regulation for any license issued pursuant to R.S.33:1-10.
3. 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. The holder of this license shall not sell food or operate a restaurant on the licensed premises.
The holder of this license shall be entitled to deliver the licensee s products directly to the residence of a consumer within or without this State who is 21 years of age or older in original containers for personal consumption and not for resale. A license holder shall transport alcoholic beverages pursuant to this section in a vehicle owned, operated, or otherwise used in connection with the licensed premises. The license holder shall transport alcoholic beverages in a vehicle that displays a transit insignia issued pursuant to R.S.33:1-28.
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.
The holder of this license also shall be entitled to ship by common carrier not more than 12 cases of malt alcoholic beverages per year, subject to regulation, to any person within or without this State over 21 years of age for personal consumption and not for resale. A case of malt alcoholic beverages shall not exceed 288 ounces. A copy of the original invoice shall be available for inspection by persons authorized to enforce the alcoholic beverage laws of this State for a minimum period of three years at the licensed premises of the brewery. The fee for this additional shipping privilege shall be $500.
For the purposes of this subsection, "sa