[Third Reprint]

ASSEMBLY, No. 3831

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2011

 


 

Sponsored by:

Assemblyman  JOSEPH CRYAN

District 20 (Union)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Assemblyman  DAVID P. RIBLE

District 11 (Monmouth)

 

Co-Sponsored by:

Assemblyman Wilson, Assemblywoman Rodriguez, Assemblyman O'Donnell and Assemblywoman Casagrande

 

 

 

 

SYNOPSIS

     Replaces plenary winery and farm winery licenses with small winery and wine manufacturing licenses.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on June 29, 2011.

  


An Act concerning certain winery licenses and amending R.S.33:1-10 2[1and R.S.33:1-111]2 3and R.S.33:1-113.

 

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

 

     1.    R.S.33:1-10 is amended to read as follows:

     33:1-10.  Class A licenses shall be subdivided and classified as follows:

     Plenary brewery license.  1a.  The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse.  The fee for this license shall be $10,625.

     Limited brewery license.  1b.  The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages in a quantity to be expressed in said license, dependent upon the following fees and not in excess of 300,000 barrels of 31 fluid gallons capacity per year and to sell and distribute this product to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse.  The fee for this license shall be graduated as follows: to so brew not more than 50,000 barrels of 31 fluid gallons capacity per annum, $1,250; to so brew not more than 100,000 barrels of 31 fluid gallons capacity per annum, $2,500; to so brew not more than 200,000 barrels of 31 fluid gallons capacity per annum, $5,000; to so brew not more than 300,000 barrels of 31 fluid gallons capacity per annum, $7,500.

     Restricted brewery license.  1c.  The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages in a quantity to be expressed in such license not in excess of 3,000 barrels of 31 fluid gallons capacity per year.  Notwithstanding the provisions of R.S.33:1-26, the director shall issue a restricted brewery license only to a person or an entity which has identical ownership to an entity which holds a plenary retail consumption license issued pursuant to R.S.33:1-12, provided that such plenary retail consumption license is operated in conjunction with a restaurant regularly and principally used for the purpose of providing meals to its customers and having adequate kitchen and dining room facilities, and that the licensed restaurant premises is immediately adjoining the premises licensed as a restricted brewery.  The holder of this license shall only be entitled to sell or deliver the product to that restaurant premises.  The fee for this license shall be $1,250, which fee shall entitle the holder to brew up to 1,000 barrels of 31 fluid gallons per annum.  The licensee also shall pay an additional $625 for every additional 1,000 barrels of 31 fluid gallons produced.  No more than two restricted brewery licenses shall be issued to a person or entity which holds an interest in a plenary retail consumption license.  If the governing body of the municipality in which the licensed premises will be located should file a written objection, the director shall hold a hearing and may issue the license only if the director finds that the issuance of the license will not be contrary to the public interest.  All fees related to the issuance of both licenses shall be paid in accordance with statutory law.

     [Plenary] 2[Small] 3[Plenary2] Small3 winery license.  2a.  Provided that the holder is engaged in growing and cultivating grapes or fruit used in the production of wine on at least three acres on, or adjacent to, the winery premises, the holder of this license shall be entitled, subject to rules and regulations, to produce any fermented wines, and to blend, fortify and treat wines, and to sell and distribute his products to wholesalers [and retailers] licensed in accordance with this chapter and to churches for religious purposes, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse, and to sell his products at retail to consumers on the licensed premises of the winery for consumption on or off the premises and to offer samples for sampling purposes only.  2[No owner or part owner of a small winery licensee shall hold a direct or indirect interest in any winery that manufactures in excess of 250,000 gallons of wine per annum.]2  3 No owner or part owner of a small winery licensee shall hold a direct or indirect interest in any winery that manufactures in excess of 250,000 gallons of wine per annum.3  The fee for this license shall be [$938] 2[graduated as follows:  to so manufacture more than 150,000 gallons, but not in excess of 250,000 gallons per annum, $3,000; to so manufacture more than 100,000 gallons, but not in excess of 150,000 gallons per annum, $2,000; to so manufacture more than 50,000 gallons, but not in excess of 100,000 gallons per annum, $1,000; to so manufacture more than 1,000 gallons, but not in excess of 50,000 gallons per annum, $250; to so manufacture 1,000 gallons or less per annum, $100.  The] 3[$938.  A2] graduated as follows:  to so manufacture more than 150,000 gallons, but not in excess of 250,000 gallons per annum, $3,000; to so manufacture more than 100,000 gallons, but not in excess of 150,000 gallons per annum, $2,000; to so manufacture more than 50,000 gallons, but not in excess of 100,000 gallons per annum, $1,000; to so manufacture more than 1,000 gallons, but not in excess of 50,000 gallons per annum, $250; to so manufacture 1,000 gallons or less per annum, $100.  The3  holder of this license 3[2who produces not more than 250,000 gallons per year2]3 shall also have the right to 3[2sell and distribute his products to retailers licensed in accordance with this chapter, except that the fee for this additional privilege shall be graduated as follows:  a licensee who manufactures more than 150,000 gallons, but not in excess of 250,000 gallons per annum, $1,000; a licensee who manufactures more than 100,000 gallons, but not in excess of 150,000 gallons per annum, $500; a licensee who manufactures more than 50,000 gallons, but not in excess of 100,000 gallons per annum, $250; a licensee who manufactures 50,000 gallons or less per annum, $100. A holder of this license who produces not more than 250,000 gallons per year shall have the right to2]3 sell such wine at retail in original packages 2[1, or by the glass,1]2 3,or by the glass,3 in [six] 1[nine] 2[151] 3[202] 153 salesrooms [apart from the winery premises] 2[situated in the State of New Jersey] 3[apart from the winery premises2] situated in the State of New Jersey3 for consumption on or off the premises and for sampling purposes for consumption on the premises, at a fee of $250 for each salesroom.  [Additionally, subject to rules and regulations, one salesroom per county may be jointly controlled and operated by at least two plenary or farm winery licensees for the sale of the products of any plenary or farm winery licensee for consumption on or off the premises and for consumption on the licensed premises for sampling purposes at an additional fee of $625 per county salesroom.] 

     2[Upon submission of the required fees and proof satisfactory to the director, a winery duly licensed in another state, with annual production of not in excess of 250,000 gallons, may apply for a small winery license under this subsection.  The holder of the small winery license granted pursuant to this subsection shall have the right to sell the winery’s products to consumers at retail in original packages in 1[10] 161 salesrooms situated in the State of New Jersey for consumption on or off the premises and for sampling purposes for consumption on the premises, at a fee of $250 for each salesroom.]  3[Licensees shall not jointly control and operate salesrooms.  Additionally, the holder of this license who produces not more than 250,000 gallons per year may ship not more than 24 cases of wine per year, subject to regulation, to any person within or without this State over 21 years of age for personal consumption and not for resale.  A case of wine shall not exceed a maximum of nine liters.  A copy of the original invoice shall be available for inspection by persons authorized to enforce the alcoholic beverage laws of this State for a minimum period of three years at the licensed premises of the winery.2]  Upon submission of the required fees and proof satisfactory to the director, a winery duly licensed in another state, with annual production of not in excess of 250,000 gallons, may apply for a small winery license under this subsection.  The holder of the small winery license granted pursuant to this subsection shall have the right to sell the winery’s products to consumers at retail in original packages in 16 salesrooms situated in the State of New Jersey for consumption on or off the premises and for sampling purposes for consumption on the premises, at a fee of $250 for each salesroom.3 

     For the purposes of this subsection, "sampling" means the selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one-half ounces of any wine.

     For the purposes of this subsection, "product" means any wine that is produced, blended, fortified, or treated by the licensee on its licensed premises [situated in the State of New Jersey.  Any holder of a plenary winery license who sold wine which was produced, bottled, and labelled by that holder in a place other than its licensed New Jersey premises between July 1, 1992 and June 30, 1993, may continue to sell that wine provided no more than 25,000 cases, each case consisting of 12 750 milliliter bottles or the equivalent, are sold in any single license year.  This privilege shall terminate upon, and not survive, any transfer of the license to another person or entity subsequent to the effective date of this 1993 amendatory act or any transfer of stock of the licensed corporation other than to children, grandchildren, parents, spouses or siblings of the existing stockholders] 3[2situated in the State of New Jersey2]3.

     Farm winery license.  2b.  [The holder of this license shall be entitled, subject to rules and regulations, to manufacture any fermented wines and fruit juices in a quantity to be expressed in said license, dependent upon the following fees and not in excess of 50,000 gallons per year and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter and to churches for religious purposes and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and to sell at retail to consumers for consumption on or off the licensed premises and to offer samples for sampling purposes only.  The license shall be issued only when the winery at which such fermented wines and fruit juices are manufactured is located and constructed upon a tract of land exclusively under the control of the licensee, provided that the licensee is actively engaged in growing and cultivating an area of not less than three acres on or adjacent to the winery premises and on which are growing grape vines or fruit to be processed into wine or fruit juice; and provided, further, that for the first five years of the operation of the winery such fermented wines and fruit juices shall be manufactured from at least 51% grapes or fruit grown in the State and that thereafter they shall be manufactured from grapes or fruit grown in this State at least to the extent required for labeling as "New Jersey Wine" under the applicable federal laws and regulations.  The containers of all wine sold to consumers by such licensee shall have affixed a label stating such information as shall be required by the rules and regulations of the Director of the Division of Alcoholic Beverage Control.  The fee for this license shall be graduated as follows: to so manufacture between 30,000 and 50,000 gallons per annum, $375; to so manufacture between 2,500 and 30,000 gallons per annum, $250; to so manufacture between 1,000 and 2,500 gallons per annum, $125; to so manufacture less than 1,000 gallons per annum, $63.  No farm winery license shall be held by the holder of a plenary winery license or be situated on a premises licensed as a plenary winery.

     The holder of this license shall also have the right to sell his products in original packages at retail to consumers in six salesrooms apart from the winery premises for consumption on or off the premises, and for sampling purposes for consumption on the premises, at a fee of $250 for each salesroom.  Additionally, subject to rules and regulations, one salesroom per county may be jointly controlled and operated by at least two plenary or farm winery licensees for the sale of the products of any plenary or farm winery licensee for consumption on or off the premises and for consumption on the licensed premises for sampling purposes only, at an additional fee of $625 per county salesroom.  For the purposes of this subsection, "sampling" means the selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one-half ounces of any wine.

     Unless otherwise indicated, for the purposes of this subsection, with respect to farm winery licenses, "manufacture" means the vinification, aging, storage, blending, clarification, stabilization and bottling of wine or juice from New Jersey fruit to the extent required by this subsection.]  2[(Deleted by amendment, P.L.    , c.   .)]  3[The holder of this license shall be entitled, subject to rules and regulations, to manufacture any fermented wines and fruit juices in a quantity to be expressed in said license, dependent upon the following fees and not in excess of 50,000 gallons per year and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter and to churches for religious purposes and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and to sell at retail to consumers for consumption on or off the licensed premises and to offer samples for sampling purposes only.  The license shall be issued only when the winery at which such fermented wines and fruit juices are manufactured is located and constructed upon a tract of land exclusively under the control of the licensee, provided that the licensee is actively engaged in growing and cultivating an area of not less than three acres on or adjacent to the winery premises and on which are growing grape vines or fruit to be processed into wine or fruit juice; and provided, further, that for the first five years of the operation of the winery such fermented wines and fruit juices shall be manufactured from at least 51% grapes or fruit grown in the State and that thereafter they shall be manufactured from grapes or fruit grown in this State at least to the extent required for labeling as "New Jersey Wine" under the applicable federal laws and regulations.  The containers of all wine sold to consumers by such licensee shall have affixed a label stating such information as shall be required by the rules and regulations of the Director of the Division of Alcoholic Beverage Control.  The fee for this license shall be graduated as follows: to so manufacture between 30,000 and 50,000 gallons per annum, $375; to so manufacture between 2,500 and 30,000 gallons per annum, $250; to so manufacture between 1,000 and 2,500 gallons per annum, $125; to so manufacture less than 1,000 gallons per annum, $63.  No farm winery license shall be held by the holder of a plenary winery license or be situated on a premises licensed as a plenary winery.

     The holder of this license shall also have the right to sell and distribute his products to retailers licensed in accordance with this chapter, except that the fee for this additional privilege shall be $100.  The holder of this license shall have the right to sell his products in original packages at retail to consumers in 20 salesrooms apart from the winery premises for consumption on or off the premises, and for sampling purposes for consumption on the premises, at a fee of $250 for each salesroom.  Licensees shall not jointly control and operate salesrooms.  Additionally, the holder of this license may ship not more than 24 cases of wine per year, subject to regulation, to any person within or without this State over 21 years of age for personal consumption and not for resale.  A case of wine shall not exceed a maximum of nine liters.  A copy of the original invoice shall be available for inspection by persons authorized to enforce the alcoholic beverage laws of this State for a minimum period of three years at the licensed premises of the winery.  For the purposes of this subsection, "sampling" means the selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one-half ounces of any wine.

     Unless otherwise indicated, for the purposes of this subsection, with respect to farm winery licenses, "manufacture" means the vinification, aging, storage, blending, clarification, stabilization and bottling of wine or juice from New Jersey fruit to the extent required by this subsection.2]  (Deleted by amendment, P.L.    , c.   ) (now pending before the Legislature as this bill).3

     Wine blending license.  2c.  The holder of this license shall be entitled, subject to rules and regulations, to blend, treat, mix, and bottle fermented wines and fruit juices with non-alcoholic beverages, and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse.  The fee for this license shall be $625.

     Instructional winemaking facility license.  2d.  The holder of this license shall be entitled, subject to rules and regulations, to instruct persons in and provide them with the opportunity to participate directly in the process of winemaking and to directly assist such persons in the process of winemaking while in the process of instruction on the premises of the facility.  The holder of this license also shall be entitled to manufacture wine on the premises not in excess of an amount of  10% of the wine produced annually on the premises of the facility, which shall be used only to replace quantities lost or discarded during the winemaking process, to maintain a warehouse, and to offer samples produced by persons who have received instruction in winemaking on the premises by the licensee for sampling purposes only on the licensed premises for the purpose of promoting winemaking for personal or household use or consumption.  Wine produced on the premises of an instructional winemaking facility shall be used, consumed or disposed of on the facility's premises or distributed from the facility's premises to a person who has participated directly in the process of winemaking for the person's personal or household use or consumption.  The holder of this license may sell mercantile items traditionally associated with winemaking and novelty wearing apparel identified with the name of the establishment licensed under the provisions of this section.  The holder of this license may use the licensed premises for an event or affair, including an event or affair at which a plenary retail consumption licensee serves alcoholic beverages in compliance with all applicable statutes and regulations promulgated by the director.  The fee for this license shall be $1,000.  For the purposes of this subsection, "sampling" means the gratuitous offering of an open container not exceeding one and one-half ounces of any wine.

     2[Wine manufacturing license 2e.  The holder of this license shall be entitled, subject to rules and regulations, to produce any fermented wines, and to blend, fortify and treat wines, and to sell and distribute its products to wholesalers licensed in accordance with this chapter and to churches for religious purposes, and to sell and distribute without this State to any person pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse.  The fee for this license shall be $3,750.]

     3[Out-of-State winery license. 2e. Provided that the applicant does not produce more than 250,000 gallons of wine per year, the holder of a valid winery license issued in any other state may make application to the director for this license.  The holder of this license shall have the right to sell and distribute his products to wholesalers licensed in accordance with this chapter and to sell such wine at retail in original packages in 21 salesrooms apart from the winery premises for consumption on or off the premises at a fee of $250 for each salesroom.  Licensees shall not jointly control and operate salesrooms. The annual fee for this license shall be $938.  A copy of a current license issued by another state shall accompany the application.  The holder of this license also shall have the right to sell and distribute his products to retailers licensed in accordance with this chapter, except that the fee for this additional privilege shall be graduated as follows:  a licensee who manufactures more than 150,000 gallons, but not in excess of 250,000 gallons per annum, $1,000; a licensee who manufactures more than 100,000 gallons, but not in excess of 150,000 gallons per annum, $500; a licensee who manufactures more than 50,000 gallons, but not in excess of 100,000 gallons per annum, $250; a licensee who manufactures 50,000 gallons or less per annum, $100. Additionally, the holder of this license may ship not more than 24 cases of wine per year, subject to regulation, to any person within or without this State over 21 years of age for personal consumption and not for resale.  A case of wine shall not exceed a maximum of nine liters.  A copy of the original invoice shall be available for inspection by persons authorized to enforce the alcoholic beverage laws of this State for a minimum period of three years at the licensed premises of the winery.

     The licensee shall collect from the customer the tax due on the sale pursuant to the “Sales and Use Tax Act,” P.L.1966, c.30, (C.54:32B-1 et seq.) and shall pay the tax due on the delivery of alcoholic beverages pursuant to the “Alcoholic beverage tax law,” R.S.54:41-1 et seq.  The Director of the Division of Taxation in the Department of the Treasury shall promulgate such rules and regulations necessary to effectuate the provisions of this paragraph, and may provide by regulation for the co-administration of the tax due on the delivery of alcoholic beverages pursuant to the “Alcoholic beverage tax law,” R.S.54:41-1 et seq. with the administration of the tax due on the sale pursuant to the “Sales and Use Tax Act,” P.L.1966, c.30, (C.54:32B-1 et seq.).  The taxes collected and paid pursuant to this section shall be governed by the provisions of the “State Uniform Tax Procedure Law,” R.S.54:48-1 et seq.2]

     Wine manufacturing license 2e.  The holder of this license shall be entitled, subject to rules and regulations, to produce any fermented wines, and to blend, fortify and treat wines, and to sell and distribute its products to wholesalers licensed in accordance with this chapter and to churches for religious purposes, and to sell and distribute without this State to any person pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse.  The fee for this license shall be $3,750.3

     Plenary distillery license.  3a.  The holder of this license shall be entitled, subject to rules and regulations, to manufacture any distilled alcoholic beverages and rectify, blend, treat and mix, and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse.  The fee for this license shall be $12,500.

     Limited distillery license.  3b.  The holder of this license shall be entitled, subject to rules and regulations, to manufacture and bottle any alcoholic beverages distilled from fruit juices and rectify, blend, treat, mix, compound with wine and add necessary sweetening and flavor to make cordial or liqueur, and to sell and distribute to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution and to warehouse these products.  The fee for this license shall be $3,750.

     Supplementary limited distillery license.  3c.  The holder of this license shall be entitled, subject to rules and regulations, to bottle and rebottle, in a quantity to be expressed in said license, dependent upon the following fees, alcoholic beverages distilled from fruit juices by such holder pursuant to a prior plenary or limited distillery license, and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse.  The fee for this license shall be graduated as follows: to so bottle and rebottle not more than 5,000 wine gallons per annum, $313; to so bottle and rebottle not more than 10,000 wine gallons per annum, $625; to so bottle and rebottle without limit as to amount, $1,250.

     Rectifier and blender license.  4.  The holder of this license shall be entitled, subject to rules and regulations, to rectify, blend, treat and mix distilled alcoholic beverages, and to fortify, blend, and treat fermented alcoholic beverages, and prepare mixtures of alcoholic beverages, and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse.  The fee for this license shall be $7,500.

     Bonded warehouse bottling license.  5.  The holder of this license shall be entitled, subject to rules and regulations, to bottle alcoholic beverages in bond on behalf of all persons authorized by federal and State law and regulations to withdraw alcoholic beverages from bond. The fee for this license shall be $625.  This license shall be issued only to persons holding permits to operate Internal Revenue bonded warehouses pursuant to the laws of the United States.

     The provisions of section 21 of P.L.2003, c.117 amendatory of this section shall apply to licenses issued or transferred on or after
July 1, 2003, and to license renewals commencing on or after July 1, 2003.

(cf: P.L.2007, c.329, s.1)

 

     2[12.  R.S.33:1-11 is amended to read as follows:

     33:1-11.  Class B licenses shall be subdivided and classified as follows:

     Plenary wholesale license. 1. The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute alcoholic beverages to retailers and wholesalers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and salesroom; provided, however, that the delivery of such alcoholic beverages by the holder of this license to retailers licensed under this Title shall be from inventory in a warehouse located in New Jersey which is operated under a plenary wholesale license. The fee for this license shall be $8,750.

     Limited wholesale license. 2a. The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute brewed malt alcoholic beverages and naturally fermented, fortified, and sparkling wines to retailers and wholesalers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and salesroom. The fee for this license shall be $1,875, except that the fee shall be graduated for the holder of a small winery license as follows:  a licensee who manufactures more than 150,000 gallons, but not in excess of 250,000 gallons per annum, $1,500; a licensee who manufactures more than 100,000 gallons, but not in excess of 150,000 gallons per annum, $1,000; a licensee who manufactures more than 50,000 gallons, but not in excess of 100,000 gallons per annum, $500; a licensee who manufactures more than 1,000 gallons, but not in excess of 50,000 gallons per annum, $250; a licensee who manufactures 1,000 gallons or less per annum, $100.

     Wine wholesale license. 2b. The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute any naturally fermented, treated, blended, fortified and sparkling wines to retailers and wholesalers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and salesroom; provided, however, that the delivery of such wines by the holder of this license to retailers licensed under this Title shall be from inventory in a warehouse located in New Jersey which is operated under a wine wholesale license. The fee for this license shall be $3,750.

     State beverage distributor's license. 2c.(1) The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute unchilled, brewed, malt alcoholic beverages in original containers only, in quantities of not less than 144 fluid ounces and chilled draught malt alcoholic beverages in kegs, barrels or other similar containers of at least one fluid gallon in capacity, to retailers licensed in accordance with this chapter, and to sell and distribute without this State to any person pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and salesroom. The holder of this license may sell unchilled, brewed, malt alcoholic beverages in original containers only, in quantities of not less than 144 fluid ounces and chilled draught malt alcoholic beverages in kegs, barrels or other similar containers of at least 7.75 fluid gallons in capacity, at retail; provided, however, that such sales shall be made only for consumption off the licensed premises. This license shall not be issued to any person holding a plenary or limited brewery license, nor shall it be issued to any person directly or indirectly interested in any brewery within or without this State. This license shall not be issued for premises in or upon which any retail business, except the sale of malt alcoholic beverages and nonalcoholic beverages, is carried on. The fee for this license shall be $1,031.

     (2)   After the effective date of P.L.1995, c. 309 any license issued or transferred pursuant to this subsection for a premises located in a municipality in a county of the fifth or sixth class shall be limited to prohibit retail sales.

     (3)   The holder of a license issued pursuant to this subsection shall not be entitled to sell malt alcoholic beverages at retail as provided in paragraph (1) of this subsection, at hours of the day or on days of the week during which sales by holders of plenary retail distributors licenses are prohibited in the municipality in which the licensed premises is located or in a municipality which, in accordance with the provisions of this title, prohibits all retail sales of wine and malt alcoholic beverages in original bottle or can containers.

     The provisions of section 22 of P.L.2003, c.117 amendatory of this section shall apply to licenses issued or transferred on or after July 1, 2003, and to license renewals commencing on or after July 1, 2003.1

(cf:  P.L.2003, c.117, s.22)]2

 

     32.   R.S.33:1-11 is amended to read as follows:

     33:1-11.  Class B licenses shall be subdivided and classified as follows:

     Plenary wholesale license.  1.  The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute alcoholic beverages to retailers and wholesalers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and salesroom; provided, however, that the delivery of such alcoholic beverages by the holder of this license to retailers licensed under this Title shall be from inventory in a warehouse located in New Jersey which is operated under a plenary wholesale license.  The fee for this license shall be $8,750.

     Limited wholesale license.  2a.  The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute brewed malt alcoholic beverages and naturally fermented, fortified, and sparkling wines to retailers and wholesalers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and salesroom.  The fee for this license shall be $1,875, except that the fee shall be graduated for the holder of a small winery license as follows:  a licensee who manufactures more than 150,000 gallons, but not in excess of 250,000 gallons per annum, $1,500; a licensee who manufactures more than 100,000 gallons, but not in excess of 150,000 gallons per annum, $1,000; a licensee who manufactures more than 50,000 gallons, but not in excess of 100,000 gallons per annum, $500; a licensee who manufactures more than 1,000 gallons, but not in excess of 50,000 gallons per annum, $250; a licensee who manufactures 1,000 gallons or less per annum, $100.

     Wine wholesale license.  2b.  The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute any naturally fermented, treated, blended, fortified and sparkling wines to retailers and wholesalers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and salesroom; provided, however, that the delivery of such wines by the holder of this license to retailers licensed under this Title shall be from inventory in a warehouse located in New Jersey which is operated under a wine wholesale license.  The fee for this license shall be $3,750.

     State beverage distributor's license.  2c.  (1) The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute unchilled, brewed, malt alcoholic beverages in original containers only, in quantities of not less than 144 fluid ounces and chilled draught malt alcoholic beverages in kegs, barrels or other similar containers of at least one fluid gallon in capacity, to retailers licensed in accordance with this chapter, and to sell and distribute without this State to any person pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and salesroom.  The holder of this license may sell unchilled, brewed, malt alcoholic beverages in original containers only, in quantities of not less than 144 fluid ounces and chilled draught malt alcoholic beverages in kegs, barrels or other similar containers of at least 7.75 fluid gallons in capacity, at retail; provided, however, that such sales shall be made only for consumption off the licensed premises.  This license shall not be issued to any person holding a plenary or limited brewery license, nor shall it be issued to any person directly or indirectly interested in any brewery within or without this State.  This license shall not be issued for premises in or upon which any retail business, except the sale of malt alcoholic beverages and nonalcoholic beverages, is carried on.  The fee for this license shall be $1,031.

     (2)   After the effective date of P.L.1995, c. 309 any license issued or transferred pursuant to this subsection for a premises located in a municipality in a county of the fifth or sixth class shall be limited to prohibit retail sales.

     (3)   The holder of a license issued pursuant to this subsection shall not be entitled to sell malt alcoholic beverages at retail as provided in paragraph (1) of this subsection, at hours of the day or on days of the week during which sales by holders of plenary retail distributors licenses are prohibited in the municipality in which the licensed premises is located or in a municipality which, in accordance with the provisions of this title, prohibits all retail sales of wine and malt alcoholic beverages in original bottle or can containers.

     The provisions of section 22 of P.L.2003, c.117 amendatory of this section shall apply to licenses issued or transferred on or after July 1, 2003, and to license renewals commencing on or after July 1, 2003.3

(cf: P.L.2003, c.117, s.22)

 

     1[2.] 2[3.1] 3[ 2.2] 3.3  This act shall take effect on the first day of the fourth month following enactment.