New Jersey S 2347: Removes requirement that limited brewery licensees provide tour when selling beer to consumers and permits certain food consumption on premise.

Status: Introduced in the Senate, Referred to Senate Law and Public Safety Committee (as of 2022-03-21)

State: New Jersey · Session: 220 · Bill: S 2347

Subjects: ALCOHOLIC BE, FOOD

Sponsors: Cruz-Perez, Nilsa I., Zwicker, Andrew

Bill Text

(Sponsorship Updated As Of: 5/19/2022)
SENATE, No. 2347

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED MARCH 21, 2022

Sponsored by:
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS
Removes requirement that limited brewery licensees provide tour when
selling beer to consumers and permits certain food consumption on premise.

CURRENT VERSION OF TEXT
As introduced.

S2347 CRUZ-PEREZ, ZWICKER
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning limited breweries and amending R.S.33:1-10. 1
2
BE IT ENACTED by the Senate and General Assembly of the State 3
of New Jersey: 4
5
1. R.S.33:1-10 is amended to read as follows: 6
33:1-10. Class A licenses shall be subdivided and classified as 7
follows: 8
Plenary brewery license. 1a. The holder of this license shall be 9
entitled, subject to rules and regulations, to brew any malt alcoholic 10
beverages and to sell and distribute his products to wholesalers and 11
retailers licensed in accordance with this chapter, and to sell and 12
distribute without this State to any persons pursuant to the laws of 13
the places of such sale and distribution, and to maintain a 14
warehouse; provided, however, that the delivery of this product by 15
the holder of this license to retailers licensed under this title shall be 16
from inventory in a warehouse located in this State which is 17
operated under a plenary brewery license. The fee for this license 18
shall be $10,625. 19
Limited brewery license. 1b. The holder of this license shall be 20
entitled, subject to rules and regulations, to brew any malt alcoholic 21
beverages in a quantity to be expressed in said license, dependent 22
upon the following fees and not in excess of 300,000 barrels of 31 23
fluid gallons capacity per year and to sell and distribute this product 24
to wholesalers and retailers licensed in accordance with this 25
chapter, and to sell and distribute without this State to any persons 26
pursuant to the laws of the places of such sale and distribution, and 27
to maintain a warehouse; provided, however, that the delivery of 28
this product by the holder of this license to retailers licensed under 29
this title shall be from inventory in a warehouse located in this State 30
which is operated under a limited brewery license. The holder of 31
this license shall be entitled to sell this product at retail to 32
consumers on the licensed premises of the brewery for consumption 33
on the premises, [but only in connection with a tour of the 34
brewery,] or [for consumption off the premises] in a quantity of 35
not more than 15.5 fluid gallons per person for consumption off the 36
premises, and to offer samples for sampling purposes only pursuant 37
to an annual permit issued by the director. The holder of this license 38
shall [not sell food or] be permitted to offer for sale or make the 39
gratuitous offering of packaged crackers, chips, nuts, and similar 40
snacks to consumers but shall not operate a restaurant on the 41
licensed premises. The fee for this license shall be graduated as 42
follows: 43
to so brew not more than 50,000 barrels of 31 liquid gallons 44
capacity per annum, $1,250; 45

S2347 CRUZ-PEREZ, ZWICKER
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to so brew not more than 100,000 barrels of 31 fluid gallons 1
capacity per annum, $2,500; 2
to so brew not more than 200,000 barrels of 31 fluid gallons 3
capacity per annum, $5,000; 4
to so brew not more than 300,000 barrels of 31 fluid gallons 5
capacity per annum, $7,500. 6
For the purposes of this subsection, "sampling" means the selling 7
at a nominal charge or the gratuitous offering of an open container 8
not exceeding four ounces of any malt alcoholic beverage. For the 9
purposes of this subsection, "product" means any malt alcoholic 10
beverage that is produced on the premises licensed under this 11
subsection. 12
Restricted brewery license. 1c. The holder of this license shall 13
be entitled, subject to rules and regulations, to brew any malt 14
alcoholic beverages in a quantity to be expressed in such license not 15
in excess of 10,000 barrels of 31 gallons capacity per year. 16
Notwithstanding the provisions of R.S.33:1-26, the director shall 17
issue a restricted brewery license only to a person or an entity 18
which has identical ownership to an entity which holds a plenary 19
retail consumption license issued pursuant to R.S.33:1-12, provided 20
that such plenary retail consumption license is operated in 21
conjunction with a restaurant regularly and principally used for the 22
purpose of providing meals to its customers and having adequate 23
kitchen and dining room facilities, and that the licensed restaurant 24
premises is immediately adjoining the premises licensed under this 25
subsection. The holder of this license shall be entitl

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