Bill Text: NJ S2869 | 2020-2021 | Regular Session | Amended

New Jersey Senate Bill 2869 (Prior Session Legislation)

Bill Title: Establishes wine consultant permit; increases solicitor's permit fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-11 - Referred to Senate Budget and Appropriations Committee [S2869 Detail]

Download: New_Jersey-2020-S2869-Amended.html

[First Reprint]

SENATE, No. 2869

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED SEPTEMBER 14, 2020

Sponsored by:

Senator NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

SYNOPSIS

Establishes wine consultant permit; increases solicitor's permit fee.

CURRENT VERSION OF TEXT

As reported by the Senate Commerce Committee on March 11, 2021, with amendments.

An Act concerning wine ¹[consultants] consultant permits and solicitor's permits, amending R.S.33:1-67,¹ and supplementing Title 33 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Online" means any public-facing Internet website, Internet web application, or computer or mobile application, including a social networking website or publication.

"Private educational tasting event" means a scheduled event hosted by a resident of New Jersey at a private residence, at which samples may be provided and which shall not be open to the general public, but shall be limited by invitation and for which invitations are provided to guests not less than 24 hours in advance.

"Private residence" means a structure or portion of a structure that is used as a dwelling, including single family dwellings, multifamily dwellings as defined under subsection (k) of section 3 of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), and other rental unit property, and individual residences within a horizontal property regime as defined pursuant to the "Horizontal Property Act," P.L.1963, c.168 (C.46:8A-1 et seq.), or a condominium as defined pursuant to the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), units in a cooperative, and units in a mutual housing corporation. The term also shall include common areas for use by residents that are not available for commercial purposes.

"Sampling" means an offering by a wine consultant to a consumer of not more than one and one-half ounces of wine per portion from each of an assortment of not more than ¹[six] five¹ bottles of wine, for the purpose of education or inducing or promoting a sale.

"Virtual tasting event" means a scheduled event in a private residence, at which samples are discussed and orders are solicited online.

"Wine consultant" means a person permitted under section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), to describe and pour samples of wine to consumers attending private educational tasting events and hold virtual tasting events. A wine consultant ¹[may] shall¹ be ¹[: (1) an independent contractor; or (2)]¹ an authorized representative or employee of a licensed supplier, manufacturer, importer, or wholesaler licensed or permitted by the Division of Alcoholic Beverage Control.

2. a. The Director of the Division of Alcoholic Beverage Control ¹, subject to rules and regulations,¹ may issue a wine consultant permit ¹, which shall authorize the permit holder to act on behalf of a licensee to be named and designated in the permit,¹ for the purposes of: (1) education of and sampling of wine directly by consumers at least 21 years of age; and (2) soliciting of orders for the sale of wines tasted during a private educational tasting event at a private residence or an online virtual educational tasting. ¹The permit shall establish legal liability and responsibility on the part of the licensee for any violation of Title 33 of the Revised Statutes or regulations promulgated thereto made by the permit holder while acting on behalf of the licensee.

The director only shall issue a wine consultant permit to a person who is eligible, as defined in this chapter and in accordance with rules and regulations. The director shall not issue a wine consultant permit to the holder of a solicitor's permit, issued pursuant to R.S.33:1-67.¹

b. A person shall apply to the director for a wine consultant permit in a form and manner to be prescribed by the director. The permit shall be issued on an annual basis.

c. An application for a permit or a permit renewal shall include the applicant's:

(1) full name;

(2) residential address; and

(3) driver's license number.

The application shall be accompanied by a non-refundable application fee of ¹[twenty five dollars] $50¹.

d. A copy of the wine consultant permit shall be kept in any vehicle transporting alcoholic beverages to or from an educational event.

e. Wine consultants or wineries employing or contracting with a wine consultant shall electronically register each educational event with the director at least three days prior to the event.

3. a. ¹A¹ wine consultant shall not offer a sample at a tasting event to any person under the legal age for consuming alcoholic beverages or to an intoxicated person. The director shall permanently revoke the permit if a wine consultant serves or allows to be served alcoholic beverages to a person under 21 years of age.

b. A wine consultant shall not deliver or provide wine for sale during an educational event. All wine used for educational events shall be purchased from a licensed retailer or from a winery authorized to engage in direct shipping pursuant to R.S.33:1-12.

c. If any unused wine remains in an open container at the end of the educational event, a wine consultant shall:

(1) dispose of the unused wine through a sink or other permanent method of disposal and dispose of the container; or

(2) securely reseal the open container of wine, place the container in a tamper-proof, transparent bag which is sealed in a manner that makes it visibly apparent if the bag is subsequently tampered with or opened, and remove the container from the premises.

4. A solicitor permit issued pursuant to R.S.33:1-67 and valid on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) or that expired after September 1, 2018 may be converted to a wine consultant permit at the discretion of the director.

5. The director shall promulgate rules and regulations to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill.

6. R.S.33:1-67 is amended to read as follows:

No individual shall offer for sale or solicit any order in the State for the purchase or sale of any alcoholic beverage, whether such sale is to be made within or without this State, unless such person shall have a solicitor's permit issued by the director hereunder.

Nothing contained in this section shall prohibit such offer or solicitation by any licensee himself or any employee of any retail licensee in connection with and in the course of the licensed business.

The director is empowered to issue, subject to rules and regulations, solicitor's permits, which shall set forth such facts as may be prescribed by the director and shall authorize the permittee to make offers for such sales and solicit orders for such sales of alcoholic beverages as are in accordance with this chapter, and any rules and regulations promulgated thereunder, on behalf of any vendor or vendors represented by the solicitor and designated in the permit. The fee for such permits shall be ¹[$15.00] $50¹ per annum or any part thereof for solicitors employed exclusively by licensees whose licenses permit sale of malt alcoholic beverages only, and ¹[$25.00] $50¹ per annum or any part thereof for solicitors employed by other licensees. A separate fee shall be paid for each vendor designated in the permit. Such permits shall expire on June 30 following their issuance, except as otherwise specified therein.

Any person who violates any provisions of this section shall be guilty of a misdemeanor and punished by a fine of not less than ¹[$50.00] $50¹ and not more than ¹[$200.00] $200¹ or imprisonment for not less than 10 days or not more than ¹[3] three¹ months, or both