ASSEMBLY, No. 2567

STATE OF NEW JERSEY

INTRODUCED DECEMBER 12, 1996

By Assemblyman AZZOLINA

An Act concerning the sale of malt alcoholic beverages and amending P.L.1966, c.59.

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

    1. Section 1 of P.L.1966, c.59 (C.33:1-93.6) is amended to read as follows:

    1. There shall be no discrimination in the sale of any nationally advertised brand of alcoholic beverage [other than malt alcoholic beverage,] by importers, blenders, distillers, rectifiers, breweries and wineries, to duly licensed wholesalers of alcoholic beverages who are authorized by such importers, blenders, distillers, rectifiers, breweries and wineries to sell such nationally advertised brand in New Jersey.

(cf: P.L.1966, c.59, s.1)

    2. Section 2 of P.L.1966, c.59 (C.33:1-93.7) is amended to read as follows:

    2. In the event any such importer, blender, distiller, rectifier, brewery or winery shall refuse to sell alcoholic beverages [, other than malt alcoholic beverages,] to any such individual wholesaler or comply with the provisions of this act, then the wholesaler shall petition the director setting forth the facts and demanding a hearing thereon to determine whether or not the refusal to sell was discriminatory.

    Any petition under this section shall be accompanied by a nonreturnable filing fee of $100.00 payable to the director.

(cf: P.L.1992, c.188, s.9)

    3. Section 3 of P.L.1966, c.59 (C.33:1-93.8) is amended to read as follows:

    3. If the director shall determine that said refusal to sell is discriminatory and shall be satisfied with the ability of the wholesaler to pay for such merchandise as ordered, he shall order the importer, blender, distiller, rectifier, brewery or winery to complete said sale of alcoholic beverages [other than malt alcoholic beverages,] to the wholesaler.

(cf: P.L.1966, c.59, s.3)

    4. Section 4 of P.L.1966, c.59 (C.33:1-93.9) is amended to read as follows:

    4. In the event said importer, blender, distiller, rectifier, brewery or winery refuses to complete said sale or to comply with the terms of the director's order, the director shall issue an order to every licensed wholesaler prohibiting purchase by such wholesaler of any alcoholic beverages [other than malt alcoholic beverages,] of said importer, blender, distiller, rectifier, brewery or winery directly or indirectly until there is strict compliance by said importer, blender, distiller, rectifier, brewery or winery with the order of the director.

(cf: P.L.1966, c.59, s.4)

    5. This act shall take effect immediately.

STATEMENT

    This bill prohibits discrimination in the sale of nationally advertised malt alcohol beverages by breweries to licensed wholesalers who are authorized by the breweries to sell those beverages.

    If the Director of the Division of Alcoholic Beverage Control finds after a hearing that the brewery has discriminated, the director would order the sale to be completed. If the brewery does not comply with the order, the director would prohibit every licensed wholesaler from purchasing malt alcoholic beverages from the brewery.

Prohibits breweries from discriminating against wholesalers.