SENATE, No. 776

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senator CIESLA

An Act concerning State beverage distributor licenses and amending R.S.33:1-11.

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

    1. 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 $7,000.00.

    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 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 $1,500.00.

    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 sparking 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 $3,000.00.

    State beverage distributor's license. 2c. The holder of this license shall be entitled, subject to rules and regulations, to sell and distribute chilled and 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 at retail chilled and 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 [$825]$1500.

(cf: P.L.1982, c.166, s.1)

    2. This act shall take effect on the first day of the fifth month after enactment.

STATEMENT

    This bill broadens the type of product that may be sold and distributed by State beverage distributors who are holders of Class B licenses issued by the Division of Alcoholic Beverage Control. It would allow such licensees to sell cold beer in quantities of not less than 144 fluid ounces in original containers at wholesale or at retail. Restrictions on the sale and distribution of chilled draught malt alcoholic beverages with respect to minimum quantity containers would remain unchanged. The bill also increases license fees for State beverage distributors to $1500 from $825.

    Presently, beverage distributors may sell at wholesale warm beer in original containers in quantities of not less than 144 fluid ounces, or chilled draught beer in kegs or barrels of at least one fluid gallon capacity. They also may sell at retail warm beer in original containers only, quantities of not less than 144 fluid ounces, and chilled draught beer in kegs or barrels of at least 7.75 fluid gallons capacity for off-premises consumption.

Allows retail and wholesale sale of chilled beer by beverage distributor licensees; increases license fees.