Bill Text: NJ A2788 | 2018-2019 | Regular Session | Introduced
Bill Title: Concerns agricultural tourism and special occasion events conducted at wineries on preserved farmland.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2788 Detail]
Download: New_Jersey-2018-A2788-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Concerns agricultural tourism and special occasion events conducted at wineries on preserved farmland.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning agricultural tourism and amending P.L.1983, c.31 and P.L.2014, c.16.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1983, c.31 (C.4:1C-9) is amended to read as follows:
6. Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or which commercial farm is in operation as of the effective date of P.L.1998, c.48 (C.4:1C-10.1 et al.), and the operation of which conforms to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or in a county where no county board exists, the committee, to constitute a generally accepted agricultural operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may:
a. Produce agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping or, after the operative date of the regulations adopted pursuant to section 5 of P.L.2003, c.157 (C.4:1C-9.1), included under the corresponding classification under the North American Industry Classification System;
b. Process and package the agricultural output of the commercial farm;
c. Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards;
d. Replenish soil nutrients and improve soil tilth;
e. Control pests, predators and diseases of plants and animals;
f. Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;
g. Conduct on-site disposal of organic agricultural wastes;
h. Conduct agriculture-related educational and farm-based recreational activities, including agricultural tourism activities and events, provided that the activities and events are related to marketing and advancing the agricultural or horticultural output of the commercial farm;
i. Engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with the provisions of P.L.2009, c.213 (C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to section 3 of P.L.2009, c.213 (C.4:1C-9.2); and
j. Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
(cf: P.L.2009, c.213, s.2)
2. Section 2 of P.L.2014, c.16 (C.4:1C-32.8) is amended to read as follows:
2. a. [The State Agriculture Development Committee shall establish a pilot program permitting special occasion events to be conducted on preserved farmland at a] A winery on preserved farmland may conduct a special occasion event provided that:
(1) the gross income generated by the winery from all special occasion events conducted for the calendar year together account for less than 50 percent of the annual gross income of the winery;
(2) the special occasion event uses the agricultural output of the winery, to the maximum extent practicable, to promote agricultural tourism and advance the agricultural or horticultural output of the winery;
(3) the special occasion event is conducted on a Friday, Saturday, Sunday, or federal or State holiday, except that a special occasion event may be conducted on any other day of the week with the approval of the State Agriculture Development Committee. The committee may delegate its authority in that regard to a county agriculture development board;
(4) the special occasion event is conducted in: (a) a temporary structure, such as an enclosed or open canopy or tent or other portable structure or facility, and any temporary structure would be put in place for only the minimum amount of time reasonably necessary to accommodate the special occasion event; (b) an existing permanent agricultural building; (c) a farm or open air pavilion; or (d) another structure used in the normal course of winery operations and activities;
(5) the special occasion event complies with applicable municipal ordinances, resolutions, or regulations concerning litter, solid waste, and traffic and the protection of public health and safety;
(6) the winery shall be subject to a site plan review and any applicable development approvals as may be required under an ordinance adopted pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.);
(7) the special occasion event is subject to the noise standards set forth pursuant to the "Noise Control Act," P.L.1971, c.418 (C.13:1G-1 et seq.), and the rules and regulations adopted thereto;
(8) the special occasion event complies with any applicable municipal ordinance that restricts performing or playing music inside the winery's buildings and structures;
(9) the special occasion event ends at a specific time, if required pursuant to a curfew established by a municipal ordinance;
(10) the special occasion event would not knowingly result in a significant and direct negative impact to any property adjacent to the winery; and
(11) the winery hosting a special occasion event enforces State and federal requirements concerning the legal drinking age.
b. In determining the annual gross income of a winery pursuant to this section, the gross income received from any special occasion event shall include, but need not be limited to, admission fees; rental fees; setup, breakdown, and cleaning fees; and all other revenue that is not directly related to the agricultural output of the winery but is received by the winery in conjunction with conducting a special occasion event.
(cf: P.L.2014, c.16, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill amends current law to continue allowing special occasion events that promote agricultural tourism to be conducted at wineries on preserved farmland. Under P.L.2014, c.16 (C.4:1C-32.7 et seq.), these events are only authorized to be conducted at wineries on preserved farmland as part of a pilot program that expires March 1, 2018. This bill removes the pilot program provisions and expiration so wineries on preserved farmland may continue to conduct these events pursuant to the existing requirements established under law.
The bill also clarifies that agricultural tourism activities and events related to marketing and advancing the agricultural or horticultural output of the commercial farm are permitted under the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et seq.).
As initially passed in both chambers of the Legislature, with near-unanimous votes, Senate Bill No. 837 of 2014-2015 would have authorized special occasion events that promote agricultural tourism to be conducted at wineries under certain circumstances, regardless of preservation status and without expiration. In response to the Governor's conditional veto, the Legislature adopted changes to Senate Bill No. 837, subsequently enacted as P.L.2014, c.16, which established the 44-month pilot program authorizing a special occasion event to be conducted at a winery on preserved farmland. The Governor's veto message omitted a reporting requirement, and ultimately the program's continuance is now at risk due to its imminent expiration.
With the notable increased production of wine and grapes, combined with amplified recognition on the national and global stage for award-winning wines, New Jersey joins the upper echelon of wine-producing states. The full economic impact of New Jersey wine and vineyards in 2016 totaled more than $232 million, according to "The Economic Impact of New Jersey Wine and Vineyards - 2016," published in December 2017. A key finding of the report indicated that non-wine revenue from weddings and other events resulted in wineries generating $2.3 million, which is approximately one percent of the $237 million total revenue generated by wineries in 2016, and far from rivaling the direct wine sales on a winery premises, which amounted to $25.4 million. Comparatively, in 2011, non-wine revenue generated $1.5 million of the $173 million total revenue (roughly 0.09 percent), and was still unmatched by the direct wine sales of $18.2 million. This research reveals that revenue related to ancillary events conducted at wineries is steadily increasing, benefitting wineries and the tourism industry in the State as a whole. The statistics quell any concerns that the primary function of farms is threatened by, or secondary to, agricultural tourism activities and events that market and advance agricultural output. The report's findings demonstrate the inherent link between agriculture, tourism, and events supporting the economic prosperity of wineries.
This bill protects and sustains the agricultural output of farms and supports the work of wineries so they may continue producing high-quality wines and attracting residents and visitors alike to experience their vineyards and spaces as a destination. Accordingly, the bill expands the opportunities for, and likelihood of, people exploring the Garden State and its unique wine regions, which has a positive economic impact on the State as a whole.
It is the sponsor's intent to further the progress of the burgeoning wine industry in New Jersey and protect the livelihood of all farms that comprise the State's agricultural industry. It is crucial to avert uncertainty as to whether events scheduled to be conducted at wineries are to remain or be cancelled or rescheduled due to the pilot program's expiration. Eliminating the looming pilot program expiration, by continuing to allow these events, will benefit wineries and farms, agricultural tourism and the State's tourism industry generally, as well as all people who may discover the Garden State and its fruitful agricultural tourism offerings as a result of attending a special occasion event, such as a wedding or other lifetime milestone event. The sponsor wishes to avoid any interruption in the events conducted at wineries that could affect the livelihood of people, like brides, grooms, families, and other celebrants, in addition to all of the jobs and workers who diligently make any event - from harvest festivals to retirement parties - a memorable and cherished one.
