Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblywoman SERENA DIMASO
District 13 (Monmouth)
Co-Sponsored by:
Assemblywoman Murphy, Assemblyman Webber, Assemblywoman Vainieri Huttle, Assemblymen Rooney, Space, Thomson, DePhillips, Wirths, Scharfenberger, Johnson, Assemblywoman Jimenez, Assemblymen McGuckin and Giblin
SYNOPSIS
Concerns delivery and sale of alcoholic beverages during declared state of emergency; exempts alcohol used by distillery in production of hand sanitizer from alcoholic beverage tax.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on May 4, 2020, with amendments.
An Act concerning the delivery and sale of alcoholic beverages during a state of emergency.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Craft manufacturer license” means a plenary winery license, farm winery license, out-of-State winery license, limited brewery license, 1[restricted brewery license,]1 cidery and meadery license, and craft distillery license issued pursuant to R.S.33:1-10.
“Retail consumption license or permit” means a plenary retail consumption license 1, plenary retail consumption license used in connection with a hotel or motel, or seasonal retail consumption license1 issued pursuant to R.S.33:1-12 or 1[any other license or] a concessionaire1 permit issued pursuant to Title 33 of the Revised Statutes that authorizes the sale of all alcoholic beverages for consumption on the licensed premises.
“State of emergency” means the state of emergency declared by the Governor pursuant to Executive Order No. 103 of 2020 in response to the COVID-19 pandemic.
2. a. Notwithstanding the provisions of R.S.33:1-12 or any other law to the contrary, the holder of a retail consumption license or permit shall be entitled to:
(1) sell any alcoholic beverages on the licensed premises in original 1[packages] containers1 or 1[any] in other1 closed 1[or] and1 sealed 1[container] containers1 for consumption off the licensed premises during a state of emergency; and
(2) deliver, by common carrier or otherwise, any alcoholic beverages to the residence of a consumer within this State who is 21 years of age or older in original 1[packages] containers1 or 1[any] in other1 closed 1[or] and1 sealed 1[container of any size] containers1 for consumption off the licensed premises during a state of emergency.
b. 1[A closed or sealed container used to sell or deliver] Distilled alcoholic beverages sold or delivered in closed and sealed containers pursuant to this section may be mixed or blended with other alcoholic or nonalcoholic beverages.
c. Any container in which alcoholic beverages are sold or delivered pursuant to this section shall be affixed with a tamper evident seal and may be of any size, except that containers, other than original containers, in which any1 distilled alcoholic beverages 1are sold or delivered1 pursuant to this section 1, whether or not mixed or blended with other beverages,1 shall have a 1maximum1 capacity of 16 fluid ounces 1[or less. Distilled alcoholic beverages sold or delivered in a closed or sealed container may be mixed or blended with other alcoholic or nonalcoholic beverages. Any other alcoholic beverage may be sold or delivered in a closed or sealed container of any size]1.
3. a. Notwithstanding the provisions of R.S.33:1-10 or any other law to the contrary, the holder of a craft manufacturer license shall be entitled to 1[:
(1) sell the licensee’s products on the licensed premises in original packages or any closed or sealed container for consumption off the licensed premises during a state of emergency; and
(2)]1 deliver, by common carrier or otherwise, the licensee’s products to the residence of a consumer within this State who is 21 years of age or older in original 1[packages or any closed or sealed container] containers1 for personal consumption and not for resale during a state of emergency.
b. 1[A closed or sealed container used by a distillery to sell or deliver distilled alcoholic beverages pursuant to this section shall have a capacity of 16 fluid ounces or less. Distilled alcoholic beverages sold or delivered in a closed or sealed container may be mixed or blended with other alcoholic or nonalcoholic beverages.
Any other alcoholic beverage sold or delivered by a plenary winery license, farm winery license, out-of-State winery license, limited brewery license, restricted brewery license, cidery and meadery license may be sold or delivered in a closed or sealed container of any size.] Nothing in this section shall be construed to limit or otherwise affect sales or delivery privileges otherwise established by statute, rule, or regulation for any license issued pursuant to R.S.33:1-10.1
4. a. The 1[holder of a retail consumption license or permit or craft manufacturer license shall be entitled to sell or deliver, by common carrier or otherwise, alcoholic beverages] privileges established1 pursuant to 1sections 2 and 3 of1 this act 1shall remain in effect1 until the 1: (1) date of expiration, termination, or rescission of any executive or administrative orders issued by the Governor or Commissioner of Health establishing coronavirus-related occupancy or customer seating restrictions applicable to licensed premises; or (2) the1 first day of the seventh month following the date on which the Governor declares that the state of emergency has ended 1, whichever date occurs later1.
b. 1[The] Notwithstanding any provision of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the1 director may 1adopt rules, issue special rulings, or1 establish guidelines regarding the sale or delivery of alcoholic beverages 1[during a declared state of emergency pursuant to this section] authorized pursuant to this act1.
5. a. As used in this section, “exemption period" means the period of time during the state of emergency as defined by this act and any extension thereof.
b. The tax imposed pursuant to the "Alcoholic Beverage Tax Law," R.S. 54:41-1 et seq. shall not apply to the sale or delivery of alcohol used by a distillery in the production of hand sanitizer for the duration of the exemption period.
c. A distillery shall be entitled to a refund for the alcoholic beverage tax paid on alcohol used by the distillery in the production of hand sanitizer during the exemption period. The application for a refund shall be submitted to the Division of Taxation in the Department of the Treasury, in a form and manner as prescribed by the Director of the Division of Taxation.
d. Notwithstanding any provision of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Director of the Division of Taxation in the Department of the Treasury is authorized to adopt immediately upon filing with the Office of Administrative Law rules and regulations necessary to implement this section, which rules and regulations shall be effective for a period not to exceed 360 days following the date of filing and may thereafter be amended, adopted, or readopted by the director in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
6. This act shall take effect immediately and shall expire on 1: (a) the date of expiration, termination, or rescission of any and all executive or administrative orders issued by the Governor or Commissioner of Health establishing coronavirus-related occupancy or customer seating restrictions applicable to licensed premises; or (b)1 the first day of the seventh month following the date on which the Governor declares that the state of emergency has ended 1, whichever date occurs later [; except that section 6 of this act shall be retroactive to March 9, 2020 and expire on the date on which the Governor declares the state of emergency has ended]1.