Bill Text: NJ S511 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits certain breweries to sell beer at seasonal farm markets.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Introduced - Dead) 2018-01-09 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S511 Detail]
Download: New_Jersey-2018-S511-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Senator THOMAS H. KEAN, JR.
District 21 (Morris, Somerset and Union)
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Co-Sponsored by:
Senators Bateman, A.R.Bucco, Oroho, Weinberg, Thompson and Rice
SYNOPSIS
Permits certain breweries to sell beer at seasonal farm markets.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning alcoholic beverages and supplementing Title 33 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Growler" means a re-sealable container that holds 32, 64, or 128 ounces of beer.
"Roadside farm stand" means a location owned by a single farmer or producer at which the farmer or producer sells agricultural products from the farmer's or producer's farm directly to consumers.
b. The director may, subject to rules and regulations, issue to the holder of a limited brewery license or restricted brewery license a permit to sell beer produced by the brewery at a seasonal farm market for consumption off the premises of the seasonal farm market. A person shall obtain a separate permit for each seasonal farm market where the person intends to sell beer. The director may issue a permit to sell beer at a seasonal farm market located in a municipality where the sale of alcoholic beverages has been prohibited by referendum under R.S.33:1-44 through R.S.33:1-47 if the municipality passes a municipal ordinance or resolution authorizing the sale of beer at a seasonal farm markets. The director shall not issue a permit if a municipal board of alcoholic beverage control or the governing body of the municipality prohibits the sale of beer at seasonal farm markets. The director shall not issue a permit pursuant to this section for use in connection with a roadside farm stand.
c. Subject to rules and regulations, a person issued a permit pursuant to this section may:
(1) transport beer for the purpose of selling it at a seasonal farm market; and
(2) offer up to four three-ounce samples of beer to a person of legal age to purchase or consume alcoholic beverages during each day the seasonal farm market is operating; and
(3) sell beer only in a growler that is filled and sealed at the point of sale or previously filled at the permit holder's licensed premises.
d. A permit issued pursuant to this section may be a daily permit or an annual permit. An annual permit issued pursuant to this section shall be valid for one year from the date of issuance. The director may renew a permit provided the permit holder continues to hold a limited brewery license or restricted brewery license.
e. The director may establish a fee not to exceed $25 for a daily permit and $75 for the issuance and renewal of an annual permit under this section.
2. This act shall take effect on the first day of the second month next following enactment.
STATEMENT
The bill permits the Director of the Division of Alcoholic Beverage Control to issue a permit to the holder of a limited or restricted brewery license to sell beer in growlers at a seasonal farm market.
Under the bill, a permit to sell beer at a seasonal farm market would be issued for periods of one day or for one year from the date it is issued and the annual permit may be renewed as long as the person to whom it was issued continues to hold a limited or restricted brewery license. The bill authorizes the director to impose a fee not to exceed $25 for a daily permit and $75 for the issuance or renewal of an annual permit.
Persons holding a valid permit would be entitled to transport beer that the permit holder produced to sell at a seasonal farm market for offsite consumption, but not able to sell it at a seasonal farm market located in a municipality where the sale of alcoholic beverages has been prohibited at seasonal farm markets or otherwise. A separate permit is required for each seasonal farm market.
The bill provides that only 32, 64, or 128 ounce growler containers are to be sold with a permit and to limit the offering of samples to four three-ounce samples of beer per person of legal age per day. The definition of community farm market has been removed and the bill now applies to seasonal farm markets. A permit cannot be issued for a seasonal farm market in a municipality that bans the sale of beer at seasonal farm markets, even if the municipality otherwise permits alcohol sales. The bill provides for a daily permit in additional to an annual permit.
