Bill > S2990

Introduced Session

This bill grants certain privileges to the holders of limited and restricted brewery licenses. In addition, privileges currently held by limited brewery licensees are clarified and codified by the provisions of the bill. Under current law, the holder of a limited brewery license is entitled to brew and distribute beer to retailers and manufacturers, but is limited in the amount of beer that he or she may brew in one year. The holder of a restricted brewery license is entitled to brew beer and operate a restaurant provided the licensee also holds a Class C consumption license generally issued to bars and restaurants. Under the bill, the holder of a limited brewery license would be entitled to serve customers tableside utilizing servers or wait staff employed by the holder of this license. The limited brewery license holder also would be entitled to serve malt alcoholic beverages for on-premise consumption in outdoor spaces that are a part of an approved outdoor space utilizing a permanent or portable tap system located in the approved outdoor space. Pourers and servers employed by the restricted brewery are to be certified by an industry-recognized server training program. The bill also removes from current law the requirement that limited breweries provide a tour. Under current law, limited breweries are authorized to sell their product at retail to consumers on the licensed premises for on-site consumption, but only in connection with a tour of the brewery or distillery. Under this bill, consumers would not be required to take a tour of the brewery to purchase beverages for on-site consumption. The bill also allows the limited brewery license holder to offer for sale or make the gratuitous offering of de minimis food items such as, but not limited to, packaged crackers, chips, nuts, and similar snacks to consumers. The license holder would be entitled to sell non-alcoholic beverages regardless of whether the non-alcoholic beverages are manufactured on the license premises. Under the bill, the license holder would be entitled to coordinate with a food vendor for the provision of food on the licensed premises and provide menus to consumers for the sale of food. The bill also clarifies that limited breweries are entitled to offer for sale suitable gift items and novelty wearing apparel identified with the name of the licensed limited brewery. This bill also allows limited breweries to hold an unlimited number of on-premises special events for which the license holder may advertise and charge a cover fee. A license holder would not be required to obtain a permit or provide electronic notification to the Division of Alcoholic Beverage Control (ABC) prior to holding on-premises special events or private parties. In addition, the bill allows limited breweries to hold an unlimited number of off-premises special events by obtaining a permit from the Division of Alcoholic Beverage Control. An off-premises special event permit may be issued for an event that is held for up to three consecutive days. The licensee would be entitled to coordinate with food vendors for the provision of food at off-premises events. If an off-premises special event is held on a publicly-owned or controlled property, the holder of the limited brewery license would be required to obtain the consent of the political subdivision that owns or controls the property or the chief law enforcement officer of the law enforcement agency that has jurisdiction over the property. Under the bill, a limited brewery also would be entitled to hold an unlimited number of private parties per year to occur on the licensed premise including, but not limited to, birthdays, weddings, anniversaries, civic and political functions, professional and trade association events, or class reunions and alumni events. The host of a private party, subject to the brewery's consent, may provide wine or malt alcoholic beverages purchased off the licensed premises to be served at the private party. A private party host may hire the employee of a limited brewery to pour the alcoholic beverages served at the party. The limited brewery would not be required to obtain a permit or provide electronic notification to the division of a private event. The bill also allows organizations operating for civic, religious, educational, charitable, fraternal, social, or recreational purposes, and not for private gain, to obtain a social affair permit to hold an event on the licensed premises of a limited brewery. Under the bill, the holder of a limited brewery license would be entitled to host not more than 25 social affair events on a limited brewery premises. The social affair permit holder may, at the brewery's consent, sell and serve wine and malt alcoholic beverages manufactured off the licensed premises for on-premises consumption only, provided the wine and malt alcoholic beverages. A host of a social affair permitted event may hire the employees or agents of a limited brewery licensee to pour the alcoholic beverages served at the event. The bill allows limited breweries to sell their products for consumption off the licensed premises during a social affair permitted event. Finally, the bill increases annual production limits placed on restricted breweries from 10,000 barrels to 300,000 barrels of 31 gallons capacity per year. In addition, restricted breweries would be entitled to sell their products directly to a retailer, rather than through a wholesaler. The bill further allows restricted breweries to maintain a warehouse. This bill is in response, in part, to a recent special ruling issued by the Director of ABC to limit the number of special events and private parties held by limited breweries. It is the sponsor's intent to foster and encourage New Jersey's flourishing craft beer industry and its contribution to the local economy by granting additional privileges and codifying existing privileges for both limited and restricted breweries.

Committee Categories

Vin Gopal (D)*,  Linda Greenstein (D)*,  Holly Schepisi (R),  Shirley Turner (D),  Andrew Zwicker (D), 

Senate Law and Public Safety Hearing (10:00 10/13/2022 Committee Room 1, 1st Floor, State House Annex, Trenton, NJ) (on 10/13/2022)

Official Document