Bill Text: NJ S2088 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits wineries to operate salesrooms in certain municipalities with restrictions on the sale of alcoholic beverages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-05 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2088 Detail]
Download: New_Jersey-2018-S2088-Introduced.html
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Permits wineries to operate salesrooms in certain municipalities with restrictions on the sale of alcoholic beverages.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the operation of winery salesrooms, supplementing Title 33 of the Revised Statutes and amending R.S.33:1-44 and R.S.33:1-45.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A municipality which prohibits the retail sale of wine pursuant to the provisions of any statute, regulation, ordinance, referendum, or resolution shall not prohibit a winery from operating a salesroom pursuant to the provisions of R.S.33:1-10 if the operation of that salesroom would otherwise be approved by the Director of the Division of Alcoholic Beverage Control and the director finds no other bar to operation of the salesroom.
2. R.S.33:1-44 is amended to read as follows:
33:1-44. Whenever a petition,
signed by at least fifteen per centum (15%) of the qualified electors of any
municipality as evidenced by the total number of votes cast for members of the
General Assembly, at the then next preceding general election held for the
election of all of the members of the General Assembly, in such municipality,
shall be presented to the governing board or body thereof, requesting a
referendum on the question hereinafter stated, such governing board or body
shall adopt forthwith a resolution directing the clerk of the county in which
such municipality is situated to print, pursuant to Title 19, Elections,
hereinafter referred to as the "general election law," upon the
official ballot to be used in such municipality at the next ensuing general
election a question to read: "Shall the retail sale of alcoholic
beverages other than brewed malt alcoholic beverages and naturally fermented
wine, for consumption on the licensed premises by the glass or other open
receptacle pursuant to chapter one of the Title Intoxicating Liquors of the Revised
Statutes (s. 33:1-1 et seq.), be permitted in this municipality?" The
official ballot also shall indicate that the referendum shall not be applicable
to sales or tastings conducted in a salesroom of a winery licensed pursuant to
R.S.33:1-10. Thereupon the clerk or secretary of said governing board or
body shall forthwith deliver to the county clerk a certified copy of such
resolution. If the copy shall be delivered to the county clerk not less than
thirty days before such general election, he shall cause such question to be
printed in an appropriate place on the ballot to be used in such municipality
at the next ensuing general election pursuant to the general election law and
thereupon all proceedings with respect to the referendum on such question
shall
be subject to and governed by the general election law as in other cases of
the submission of public questions to the electorate.
If a majority of the legal voters voting upon the question shall vote "Yes," the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of such municipality and the retail sales as aforesaid of such alcoholic beverages and the issuing of licenses pursuant to this chapter shall be permitted in such municipality.
If a majority of the legal voters voting upon the question shall vote "No," then the clerk of the governing board or body of the municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of the municipality, and after thirty days have elapsed after the date of such vote the retail sale of alcoholic beverages, other than brewed malt alcoholic beverages and naturally fermented wines and products sold on the premises of a winery salesroom, for consumption on the licensed premises by the glass or other open receptacle (such retail sale being sometimes hereinafter called "prohibited sale" ), shall be unlawful in such municipality and constitute a violation of this chapter, and it shall forthwith upon such vote be unlawful for the other issuing authority of the municipality, having authority to issue licenses, to issue any license in respect to such municipality which shall permit such prohibited sale, and all licenses theretofore issued in respect to such municipality which shall have licensed such prohibited sale shall, to the extent that they permitted such prohibited sale, become void and inoperative thirty days after the date of such vote. Notwithstanding the foregoing provisions, the director shall not prohibit a winery from operating a salesroom in the municipality pursuant to the provisions of R.S.33:1-10 if the director finds no other bar to the operation of the salesroom other than a referendum disapproved by the voters pursuant to this paragraph.
Whenever a referendum shall have been had in any municipality pursuant to this section, no further referendum on the same question shall be held therein prior to the general election to be held in such municipality in the fifth year thereafter and so long as such referendum remains effective, all ordinances, resolutions or regulations inconsistent with the result of such referendum shall have no effect within such municipality.
(cf: P.L.1949, c.296, s.1)
3. R.S.33:1-45 is amended to read as follows:
33:1-45. Whenever a petition signed by at least fifteen per centum (15%) of the qualified electors of any municipality as evidenced by the total number of votes cast for members of the General Assembly, at the then next preceding general election held for the election of all of the members of the General Assembly, in such municipality, shall be presented to the governing board or body thereof, requesting a referendum on the question hereinafter stated, such governing board or body shall adopt forthwith a resolution directing the clerk of the county in which such municipality is situated to print, pursuant to Title 19, Elections, hereinafter referred to as the "general election law," upon the official ballot to be used in such municipality at the next ensuing general election a question to read: "Shall the retail sale of all kinds of alcoholic beverages, for consumption on the licensed premises by the glass or other open receptacle pursuant to chapter one of the Title Intoxicating Liquors of the Revised Statutes (s. 33:1-1 et seq.), be permitted in this municipality?" The official ballot also shall indicate that the referendum shall not be applicable to sales or tastings conducted in a salesroom of a winery licensed pursuant to R.S.33:1-10. Thereupon the clerk or secretary of such governing board or body shall forthwith deliver to such county clerk a certified copy of the resolution. If the copy shall be delivered to the county clerk not less than thirty days before such general election, he shall cause such question to be printed in an appropriate place on the ballot to be used in such municipality at the next ensuing general election pursuant to the general election law and thereupon all proceedings with respect to the referendum on such question shall be subject to and governed by the general election law as in other cases of the submission of public questions to the electorate.
If a majority of the legal voters voting upon the question shall vote "Yes," the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of such municipality and the retail sales as aforesaid of such alcoholic beverages and the issuing of licenses pursuant to this chapter shall be permitted in such municipality.
If a majority of the legal voters voting upon the question shall vote "No," then the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of the municipality, and after thirty days have elapsed after the date of such vote, the retail sale of all kinds of alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle (such retail sale being sometimes hereinafter called "prohibited sale" ) , except for products sold on the premises of a winery salesroom, shall be unlawful in such municipality and constitute a violation of this chapter, and it shall forthwith upon such vote be unlawful for the other issuing authority of such municipality having authority to issue licenses to issue any license in respect to such municipality which shall permit such prohibited sale and all licenses theretofore issued in respect to such municipality which shall have licensed such prohibited sale shall, to the extent that they permitted such prohibited sale, become void and inoperative thirty days after the date of such vote. The director shall not prohibit a winery from operating a salesroom in the municipality pursuant to the provisions of R.S.33:1-10 if the director finds no other bar to the operation of the salesroom other than a referendum disapproved by the voters pursuant to this paragraph.
Whenever a referendum shall have been had in any municipality pursuant to this section, no further referendum on the same question shall be held therein prior to the general election to be held in such municipality in the fifth year thereafter and so long as such referendum remains effective, all ordinances, resolutions or regulations inconsistent with the result of such referendum shall have no effect within such municipality.
(cf: P.L.1949, c.296, s.2)
4. This act shall take effect immediately.
STATEMENT
This bill requires the Director of the Division of Alcoholic Beverage Control to authorize a winery to operate a salesroom in a municipality that prohibits the retail sale of all alcoholic beverages, including wine, or certain types of wine for consumption on the licensed premises. Provided there is no other impediment to its operation, the director is to authorize the salesroom, regardless of whether the sale of all alcoholic beverages, including wine, or certain types of wine for consumption in bars and restaurants has been prohibited by a statute or regulation, or a local ordinance, referendum or resolution.
R.S.33:1-10 permits small plenary and farm wineries to operate 15 salesrooms apart from the winery premises for the retail sale of a winery's products. Small out-of-state wineries licensed in New Jersey are permitted to operate up to 16 salesrooms. The fee for each salesroom is $250. Under regulations of the division, the winery is required to receive approval from the director to operate each of these additional premises.
At the salesrooms, wineries are permitted to sell their products by the bottle or in other original packaging for consumption on or off the premises of the salesroom, and to sell samples of their products for consumption on the premises.
