S 4384

[First Reprint]
SENATE, No. 4384
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 1, 2026
Sponsored by:
Senator� VIN GOPAL
District 11 (Monmouth)
Senator� DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
Assemblywoman� LUANNE M. PETERPAUL
District 11 (Monmouth)
Assemblywoman� ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
Co-Sponsored by:
Assemblywoman Brennan
SYNOPSIS
���� Makes permanent temporary enactment allowing certain
sale and delivery of alcoholic beverages and clarifies privileges.
CURRENT VERSION OF TEXT
���� As reported by the Senate Budget and Appropriations
Committee on June 28, 2026, with amendments.
��
An Act concerning 1[the
sale and delivery of]1
alcoholic 1[beverages]
beverage licensing1,
supplementing Title 33 of the Revised Statutes, and amending 1[R.S.33:1-10
and R.S.33:1-12] various parts of the statutory law1.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.� (New section)� a.� The
holder of a plenary retail consumption license, plenary retail consumption
license used in connection with a hotel or motel, 1or1 seasonal
retail consumption license issued pursuant to R.S.33:1-12 1[, or concessionaire
permit]1
shall be entitled to:
���� (1)� sell on the licensed or
permitted premises for consumption off the licensed or permitted premises any
alcoholic beverages in original containers or in any other closed and sealed
containers or any distilled alcoholic beverages mixed or blended with other
alcoholic or nonalcoholic beverages �in closed and sealed containers; and
���� (2) �deliver, by 1[common carrier
or otherwise]
the licensee or a licensed third party delivery service1, directly
to the residence of a consumer within this State who is 21 years of age or
older for consumption off the licensed or permitted premises 1[any alcoholic
beverages in original containers or in any other closed and sealed containers
or]1
any distilled alcoholic beverages mixed or blended with other alcoholic or
nonalcoholic beverages in closed and sealed containers 1or
malted beverages; provided, however, alcoholic beverages shall not be delivered
pursuant to this section in their original sealed or unsealed containers except
for malted beverages1.
���� b.��� Containers 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 any distilled alcoholic
beverages mixed or blended with other alcoholic or nonalcoholic beverages are
sold or delivered pursuant to this section shall have a maximum capacity of 16
fluid ounces.�
���� 2.� 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, provided,
however, that the delivery of this product by the holder of this license to
retailers licensed under this title shall be from inventory in a warehouse
located in this State which is operated under a plenary brewery license.� 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,
provided, however, that the delivery of this product by the holder of this
license to retailers licensed under this title shall be from inventory in a
warehouse located in this State which is operated under a limited brewery
license.� The holder of this license shall be entitled to sell this product at
retail to consumers on the licensed premises of the brewery for consumption on
the premises, or in a quantity of not more than 15.5 fluid gallons per person
for consumption off the premises, and to offer samples for sampling purposes.�
The holder of this license shall not be required to pay a fee to the division
for the privilege of offering samples pursuant to this section.� If the holder
of this license holds a bonded warehouse bottling license issued pursuant to
subsection 5 of this section, product brewed in accordance with this subsection
and transferred to a bonded warehouse for bottling and storage may be sold at
retail and offered for sampling on the licensed premises of the brewery by the
holder of this license.� The holder of this license shall not sell food or
operate a restaurant on the licensed premises, but may coordinate with food
vendors pursuant to section 1 of P.L.2023, c.290 (C.33:1-10b).� The holder of
this license shall be entitled to engage in the privileges established pursuant
to section 1 of P.L.2023, c.290 (C.33:1-10b).
���� 1[The holder
of this license shall be entitled to deliver the licensee�s products directly
to the residence of a consumer within this State who is 21 years of age or
older in original containers for personal consumption and not for resale.� A
license holder shall transport alcoholic beverages pursuant to this subsection
in a vehicle owned, operated, or otherwise used in connection with the licensed
premises. The license holder shall transport alcoholic beverages in a vehicle
that displays a transit insignia issued pursuant to R.S.33:1-28.]1
���� The fee for this license shall
be graduated as follows:
���� to so brew not more than
50,000 barrels of 31 liquid 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.
���� For the purposes of this
subsection, "sampling" means the selling at a nominal charge or the
gratuitous offering of an open container not exceeding four ounces of any malt
alcoholic beverage.� For the purposes of this subsection, "product"
means any malt alcoholic beverage that is produced on the premises licensed
under this subsection.
���� 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 300,000 barrels of 31 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 under this subsection.� The holder of this
license shall be entitled to sell or deliver the product to that restaurant
premises.� The holder of this license also shall be entitled to sell and
distribute the 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 those places of such sale and distribution and to
maintain a warehouse, provided, however, that the delivery of this product by
the holder of this license to retailers licensed under this title shall be from
inventory in a warehouse located in this State which is operated under a
restricted brewery license.� The amount of malt alcoholic beverages that may be
sold and distributed directly to retailers pursuant to this subsection on an
annual basis shall be not more than 50 percent of the product manufactured in
that year by the holder of this license.� The fee for this license shall be
$1,250, which fee shall entitle the holder to brew up to 1,000 barrels of 31
liquid gallons per annum.� The licensee also shall pay an additional $250 for
every additional 1,000 barrels of 31 fluid gallons produced.� The fee shall be
paid at the time of application for the license, and additional payments based
on barrels produced shall be paid within 60 days following the expiration of
the license term upon certification by the licensee of the actual gallons
brewed during the license term.� No more than 10 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.� The provisions of this subsection shall not be
construed to limit or restrict the rights and privileges granted by the plenary
retail consumption license held by the holder of the restricted brewery license
issued pursuant to this subsection.
���� The holder of this license
shall be entitled to offer samples of its product for promotional purposes at
charitable or civic events off the licensed premises pursuant to an annual
permit issued by the director.
���� For the purposes of this
subsection, "sampling" means the selling at a nominal charge or the
gratuitous offering of an open container not exceeding four ounces of any malt
alcoholic beverage product.� For the purposes of this subsection, "product"
means any malt alcoholic beverage that is produced on the premises licensed
under this subsection.
���� Farm brewery license.� 1d.�
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 the
license not in excess of 2,500 barrels of 31 fluid gallons per year and to sell
products to consumers for consumption off the licensed premises and to offer
samples for sampling purposes only.� The license shall be issued only when the
brewery at which such malt alcoholic beverages are brewed is located and
constructed upon a tract of land exclusively under the control of the licensee,
the licensee is actively engaged in farming on or adjacent to the brewery
premises, and the malt alcoholic beverages are substantially produced from hops
or other ingredients grown or cultivated on that tract of land.� The holder of
this license shall not sell or offer food for consumption on the licensed
premises.�
���� The fee for this license shall
be graduated as follows: to manufacture between 1,200 and 2,500 barrels per
year, $300; to manufacture between 100 and 1,199 barrels per year, $200; to
manufacture fewer than 100 barrels per year, $100.� An individual or entity
shall not hold more than one farm brewery license.
���� For 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 a malt alcoholic beverage.
���� Plenary 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, except as otherwise provided in this subsection for certain
alternating proprietorship agreements, 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 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.� The fee for this license shall be
$938.� A holder of this license who produces not more than 250,000 gallons per
year shall also have the right to sell and distribute his products to retailers
licensed in accordance with this chapter, except that the holder of this
license shall not use a common carrier for such distribution.� 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 to sell such wine at retail in original packages in 15 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.�
���� 1[The holder
of this license who produces not more than 250,000 gallons per year shall be
entitled to deliver the licensee�s products directly to the residence of a
consumer within this State who is 21 years of age or older in original
containers for personal consumption and not for resale.� A license holder shall
transport alcoholic beverages pursuant to this subsection in a vehicle owned,
operated, or otherwise used in connection with the licensed premises. The
license holder shall transport alcoholic beverages in a vehicle that displays a
transit insignia issued pursuant to R.S.33:1-28.]1
���� Additionally, the holder of
this license who produces not more than 250,000 gallons per year may ship not
more than 12 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.
���� A holder of this license who
produces not more than 250,000 gallons per year shall not own, either in whole
or in part, or hold, either directly or indirectly, any interest in a winery
that produces more than 250,000 gallons per year.� In addition, a holder of
this license who produces more than 250,000 gallons per year shall not own,
either in whole or in part, or hold, either directly or indirectly, any
interest in a winery that produces not more than 250,000 gallons per year.
���� An applicant for a plenary
winery license or the holder of a plenary winery license may apply to the
director for approval to enter into an agreement with a host New Jersey winery
to use the host's equipment and space in an alternating proprietorship for
production of wine, provided that the applicant or holder has obtained approval
of the proposed alternating proprietorship arrangement from the Alcohol and
Tobacco Tax and Trade Bureau.� The director shall approve the agreement if the
director determines that the Alcohol and Tobacco Tax and Trade Bureau has
approved the agreement and the agreement does not violate any applicable New
Jersey alcohol licensing and taxation laws and related regulations or special
rulings of the director.� The director shall approve or deny the application no
later than 180 days after receipt of the application, unless the applicant
agrees to an extension.
���� An applicant for a plenary
winery license who also applies to the director to enter into an alternating
proprietorship agreement pursuant to this subsection shall, upon approval by
the director of both applications, be permitted to grow and cultivate grapes or
fruit used in the production of wine on at least three acres within a five-mile
radius of the host winery premises.
���� 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.� For the purposes of this subsection, "wine" shall
include "hard cider" and "mead" as defined in this section.
���� 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, except in the case of
certain alternating proprietorship agreements, as provided in this subsection,
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 percent 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.
���� 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 holder of this
license shall not use a common carrier for such distribution.� 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 15
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.�
���� 1[The holder
of this license shall be entitled to deliver the licensee�s products directly
to the residence of a consumer within this State who is 21 years of age or
older in original containers for personal consumption and not for resale.� A
license holder shall transport alcoholic beverages pursuant to this subsection
in a vehicle owned, operated, or otherwise used in connection with the licensed
premises. The license holder shall transport alcoholic beverages in a vehicle
that displays a transit insignia issued pursuant to R.S.33:1-28.]1
���� Additionally, the holder of
this license may ship not more than 12 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.
���� A holder of this license who
produces not more than 250,000 gallons per year shall not own, either in whole
or in part, or hold, either directly or indirectly, any interest in a winery
that produces more than 250,000 gallons per year.
���� An applicant for a farm winery
license or the holder of a farm winery license may apply to the director for
approval to enter into an agreement with a host New Jersey winery to use the
host's equipment and space in an alternating proprietorship for production of
wine, provided that the applicant or holder has obtained approval of the
proposed alternating proprietorship arrangement from the Alcohol and Tobacco
Tax and Trade Bureau.� The director shall approve the agreement if the director
determines that the Alcohol and Tobacco Tax and Trade Bureau has approved the
agreement and the agreement does not violate any applicable New Jersey alcohol
licensing and taxation laws and related regulations or special rulings of the
director.� The director shall approve or deny the application no later than 180
days after receipt of the application, unless the applicant agrees to an
extension.
���� An applicant for a farm winery
license who also applies to the director to enter into an alternating
proprietorship agreement pursuant to this subsection shall, upon approval by
the director of both applications, be permitted to grow and cultivate grapes or
fruit used in the production of wine on at least three acres within a five-mile
radius of the host winery premises.
���� 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.
���� For the purposes of this
subsection, "wine" shall include "hard cider" and
"mead" as defined in this section.
���� 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.
���� For the purposes of this
subsection, "wine" shall include "hard cider" and
"mead" as defined in this section.
���� 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 percent 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.
���� For the purposes of this
subsection, "wine" shall include "hard cider" and
"mead" as defined in this section.
���� 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 16 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 holder of this license shall not
use a common carrier for such distribution.� 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 12 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.).
���� A holder of this license who
produces not more than 250,000 gallons per year shall not own, either in whole
or in part, or hold, either directly or indirectly, any interest in a winery
that produces more than 250,000 gallons per year.
���� For the purposes of this
subsection, "wine" shall include "hard cider" and
"mead" as defined in this section.
���� Cidery and meadery license.�
2f.� The holder of this license shall be entitled, subject to rules and
regulations, to manufacture hard cider and mead and to sell and distribute
these 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 holder of this license shall be entitled to sell these products at retail
to consumers on the licensed premises for consumption on or off the premises
and to offer samples for sampling purposes only.� The holder of this license
shall be permitted to offer for sale or make the gratuitous offering of
packaged crackers, chips, nuts, and similar snacks to consumers.� The holder of
this license shall not operate a restaurant on the licensed premises, but may
coordinate with food vendors pursuant to section 1 of P.L.2023, c.290
(C.33:1-10b).� The holder of this license shall be entitled to engage in the
privileges established pursuant to section 1 of P.L.2023, c.290 (C.33:1-10b).�
The fee for this license shall be $938.
���� The holder of this license
shall be entitled to manufacture hard cider in a quantity not to exceed 50,000
barrels of 31 fluid gallons capacity per year.� With respect to the sale and
distribution of hard cider to a wholesaler, the licensee shall be subject to
the same statutory and regulatory requirements as a brewer, and hard cider
shall be considered a malt alcoholic beverage, for the purposes of the
"Malt Alcoholic Beverage Practices Act," P.L.2005, c.243
(C.33:1-93.12 et seq.).� [The
holder of this license shall not directly ship hard cider either within or
without this State.]�
The holder of this license shall be entitled to manufacture not more than
250,000 gallons of mead per year.�
���� 1[The holder
of this license shall be entitled to deliver the licensee�s products directly
to the residence of a consumer withinthis State who is 21 years of age or older
in original containers for personal consumption and not for resale.� A license
holder shall transport alcoholic beverages pursuant to this subsection in a
vehicle owned, operated, or otherwise used in connection with the licensed
premises. The license holder shall transport alcoholic beverages in a vehicle
that displays a transit insignia issued pursuant to R.S.33:1-28.]1
���� The holder of this license may
ship not more than 12 cases of mead and 12 cases of cider 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 mead or cider
shall not exceed a maximum of nine liters.� A copy of the original invoice for
the sale of mead or cider 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.� The fee for this additional
shipping privilege shall be $500.
���� As used in this subsection:
���� "Hard cider" means a
fermented alcoholic beverage derived primarily from apples, pears, apple juice
concentrate and water, or pear juice concentrate and water, which may include
spices, herbs, honey, or other flavoring, and which contains at least one half
of one percent but less than eight and one half percent alcohol by volume.
���� "Mead" means an
alcoholic beverage primarily made from honey, water, and yeast, and which may
contain fruit, fruit juices, spices, or herbs added before or after
fermentation has completed, except that the ratio of fermentable sugars from
fruit or fruit juices shall not exceed 49 percent of the total fermentable
sugars used to produce mead.
���� "Sampling" means the
selling at a nominal charge or the gratuitous offering of an open container not
exceeding four ounces of hard cider or mead produced on the licensed premises.
���� 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.
���� Craft distillery license.�
3d.� The holder of this license shall be entitled, subject to rules and
regulations, to manufacture not more than 20,000 gallons of distilled alcoholic
beverages, to rectify, blend, treat, and mix distilled alcoholic beverages, 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 holder of this license shall be entitled to
sell this product at retail to consumers on the licensed premises of the
distillery for consumption on the premises and for consumption off the premises
in a quantity of not more than five liters per person.� In addition, the holder
of this license may offer any person not more than three samples per calendar
day for sampling purposes only.� For the purposes of this subsection,
"sampling" means the gratuitous offering of an open container not
exceeding one-half ounce serving of distilled alcoholic beverage produced on
the distillery premises.� If the holder of this license holds a bonded
warehouse bottling license issued pursuant to subsection 5 of this section,
product manufactured in accordance with this subsection and transferred to a
bonded warehouse for bottling and storage may be sold at retail and offered for
sampling on the licensed premises of the distillery by the holder of this
license.� Nothing in this subsection shall be deemed to permit the direct
shipment of distilled spirits either within or without this State.� The holder
of this license shall be entitled to engage in the privileges established
pursuant to section 1 of P.L.2023, c.290 (C.33:1-10b).�
���� 1[The holder
of this license shall be entitled to deliver the licensee�s products directly
to the residence of a consumer within this State who is 21 years of age or
older in original containers for personal consumption and not for resale.� A
license holder shall transport alcoholic beverages pursuant to this subsection
in a vehicle owned, operated, or otherwise used in connection with the licensed
premises. The license holder shall transport alcoholic beverages in a vehicle
that displays a transit insignia issued pursuant to R.S.33:1-28.]1
���� The holder of this license
shall be entitled to sell on the licensed premises for consumption on the
licensed premises distilled alcoholic beverages that are manufactured on the
licensed premises and mixed or blended with other alcoholic or non-alcoholic
beverages.� The holder of this license also shall be entitled to sell on the
licensed premises for consumption
off the licensed premises distilled alcoholic beverages
that are manufactured on the licensed premises and mixed or blended with other
alcoholic or nonalcoholic beverages and sold in
closed and sealed containers.
���� The holder of this license
shall be entitled to sell on the licensed premises for consumption off the
licensed premises distilled alcoholic beverages that are manufactured on the
licensed premises and sold in original containers and accompanied by one or
more nonalcoholic beverages or foodstuffs that may be combined by the consumer
to prepare a mixed drink.� Any foodstuffs sold pursuant to this subsection
shall be sold only as a mixed drink ingredient and not as a separate meal.�
���� Containers in which
distilled alcoholic beverages mixed with other alcoholic or nonalcoholic
beverages are sold pursuant to this subsection shall be affixed with a tamper-evident
seal and have a maximum capacity of 16 fluid ounces.�
���� The holder of this license
shall not sell food or operate a restaurant on the licensed premises, [but may] aside from
foodstuffs sold as a mixed drink ingredient pursuant to this subsection.� The
holder of this license may coordinate with food vendors pursuant to section
1 of P.L.2023, c.290 (C.33:1-10b).�
���� A holder of this license who
certifies that not less than 51 percent of the raw materials used in the
production of distilled alcoholic beverages under this section are grown in
this State or purchased from providers located in this State may, consistent
with all applicable federal laws and regulations, label these distilled
alcoholic beverages as "New Jersey Distilled." The fee for this
license shall be $938.
���� Historic distillery license.�
3e.� A historic distillery license shall be issued for use in connection with a
premises that is included in the New Jersey Register of Historic Places
established pursuant to P.L.1970, c.268 (C.13:1B-15.128 et seq.).� The holder
of this license shall be entitled, subject to rules and regulations, to
manufacture any distilled alcoholic beverages, to rectify, blend, treat, and
mix distilled alcoholic beverages, 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 holder
of this license shall be entitled to sell this product at retail to consumers
on the licensed premises of the distillery for consumption on the premises.�
The holder of this license also shall be entitled to sell this product for
consumption off the premises in a quantity of not more than five liters per
person.�
���� In addition, the holder of
this license may offer any person not more than three samples per calendar day
for sampling purposes only.� For the purposes of this subsection,
"sampling" means the gratuitous offering of an open container not
exceeding one-half ounce serving of distilled alcoholic beverage produced on
the distillery premises. If the holder of this license holds a bonded warehouse
bottling license issued pursuant to subsection 5 of this section, products
manufactured in accordance with this subsection and transferred to a bonded
warehouse for bottling and storage may be sold at retail and offered for
sampling on the licensed premises of the distillery by the holder of this
license.� Nothing in this subsection shall be deemed to permit the direct
shipment of distilled spirits either within or without this State.� The holder
of this license shall be entitled to engage in the privileges established
pursuant to section 1 of P.L.2023, c.290 (C.33:1-10b).�
���� The holder of this license
shall not sell food or operate a restaurant on the licensed premises, but may
coordinate with food vendors pursuant to section 1 of P.L.2023, c.290
(C.33:1-10b).� The fee for this license shall be $1,000.
���� 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.2025, c.97, s.1)
���� 1[3.� R.S.33:1-12
is amended to read as follows:
���� 33:1-12. Class C licenses
shall be subdivided and classified as follows:
���� Plenary retail consumption
license. 1. The holder of this license shall be entitled, subject to rules and
regulations, to sell any alcoholic beverages for consumption on the licensed
premises by the glass or other open receptacle, and also to sell any alcoholic
beverages in original containers for consumption off the licensed premises, but
this license shall not be issued to permit the sale of alcoholic beverages in
or upon any premises in which a grocery, delicatessen, drug store, or other
mercantile business is carried on, except as hereinafter provided.� The holder
of this license shall be permitted to conduct consumer wine, beer, and spirits
tasting events and samplings for a fee or on a complimentary basis pursuant to
conditions established by rules and regulations of the Division of Alcoholic
Beverage Control, provided, however, that the holder of this license complies
with the terms and conditions set forth in section 3 of P.L.2009, c.216
(C.33:1-12d).� The holder of this license shall be entitled to sell and
deliver alcoholic beverages for consumption off the licensed premises pursuant
to section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).
���� Subject to such rules and
regulations established from time to time by the director, the holder of this
license shall be permitted to sell alcoholic beverages in or upon the premises
in which any of the following is carried on: the keeping of a hotel or restaurant
including the sale of mercantile items incidental thereto as an accommodation
to patrons; the sale, at an entertainment facility as defined in R.S.33:1-1,
having a seating capacity for no less than 4,000 patrons, of mercantile items
traditionally associated with the type of event or program held at the site;
the sale of distillers�, brewers�, and vintners� packaged merchandise prepacked
as a unit with other suitable objects as gift items to be sold only as a unit;
the sale of novelty wearing apparel identified with the name of the
establishment licensed under the provisions of this section; the sale of
cigars, cigarettes, packaged crackers, chips, nuts, and similar snacks and ice
at retail as an accommodation to patrons or the retail sale of nonalcoholic
beverages as accessory beverages to alcoholic beverages; or, in commercial
bowling establishments, the retail sale or rental of bowling accessories and
the retail sale from vending machines of candy, ice cream, and nonalcoholic
beverages.� The fee for this license shall be fixed by the governing board or
body of the municipality in which the licensed premises are situated, by
ordinance, at not less than $250 and not more than $2,500.� No ordinance shall
be enacted which shall raise or lower the fee to be charged for this license by
more than 20% from that charged in the preceding license year or $500.00,
whichever is the lesser.� The governing board or body of each municipality may,
by ordinance, enact that no plenary retail consumption license shall be granted
within its respective municipality.
���� The holder of this license
shall be permitted to obtain a restricted brewery license issued pursuant to
subsection 1c. of R.S.33:1-10 and to operate a restricted brewery immediately
adjoining the licensed premises in accordance with the restrictions set forth
in that subsection.� All fees related to the issuance of both licenses shall be
paid in accordance with statutory law.
���� Seasonal retail consumption
license. 2. (1) The holder of this license shall be entitled, subject to rules
and regulations, to sell any alcoholic beverages for consumption on the
licensed premises by the glass or other open receptacle and also to sell any
alcoholic beverages in original containers for consumption off the licensed
premises, during the summer season from May 1 until November 14, inclusive, or
during the winter season from November 15 until April 30, inclusive.
���� (2)� In addition, the director
shall issue to the holder of this license, upon request by the licensee,
one-day permits that shall entitle the license holder to sell alcoholic
beverages for consumption on the licensed premises during the season when the
license holder is not authorized to sell alcoholic beverages pursuant to
subparagraph (1) of this subsection.� The number of one-day permits issued to a
licensee pursuant to this subsection shall not exceed an aggregate of 14
permits in one calendar year.� A one-day permit issued pursuant to this
subsection shall be valid for 24 consecutive hours.� The fee for each one-day
permit shall be $500.
���� The governing body of the
municipality in which the licensed premises is situated may place reasonable
conditions upon a one-day permit for the purpose of maintaining public safety
on the licensed premises and immediately surrounding area.� The costs associated
with the reasonable conditions placed on the one-day permit shall be assumed by
the holder of this license.
���� (3)� This license shall not be
issued to permit the sale of alcoholic beverages in or upon any premises in
which a grocery, delicatessen, drug store, or other mercantile business is
carried on, except as hereinafter provided.� Subject to such rules and regulations
established from time to time by the director, the holder of this license shall
be permitted to sell alcoholic beverages in or upon the premises in which any
of the following is carried on: the keeping of a hotel or restaurant including
the sale of mercantile items incidental thereto as an accommodation to patrons;
the sale of distillers�, brewers�, and vintners� packaged merchandise prepacked
as a unit with other suitable objects as gift items to be sold only as a unit;
the sale of novelty wearing apparel identified with the name of the
establishment licensed under the provisions of this section; the sale of
cigars, cigarettes, packaged crackers, chips, nuts, and similar snacks and ice
at retail as an accommodation to patrons; or the retail sale of nonalcoholic
beverages as accessory beverages to alcoholic beverages.� The fee for this
license shall be fixed by the governing board or body of the municipality in
which the licensed premises are situated, by ordinance, at 75 [%] percent
of the fee fixed by said board or body for plenary retail consumption
licenses.� The governing board or body of each municipality may, by ordinance,
enact that no seasonal retail consumption license shall be granted within its
respective municipality.
���� (4)� The holder of this
license shall be entitled to sell and deliver alcoholic beverages for
consumption off the licensed premises pursuant to section 1 of P.L.��� , c.���
(C. �������) (pending before the Legislature as this bill).
���� Plenary retail distribution
license. 3. a. The holder of this license shall be entitled, subject to rules
and regulations, to sell any alcoholic beverages, or intoxicating hemp
beverages until the expiration of section 11 of P.L.2025, c.215 (C.24:6I-48.5),
for consumption off the licensed premises, but only in original containers
except that licensees shall be permitted to conduct consumer wine, beer, and
spirits tasting events and samplings on a complimentary basis pursuant to
conditions established by rules and regulations of the Division of Alcoholic
Beverage Control, provided, however, that the holder of this license complies
with the terms and conditions set forth in section 3 of P.L.2009, c.216
(C.33:1-12d).
���� The governing board or body of
each municipality may, by ordinance, enact that this license shall not be
issued to permit the sale of alcoholic beverages in or upon any premises in
which any other mercantile business is carried on, except that any such ordinance,
heretofore or hereafter adopted, shall not prohibit the retail sale of
distillers�, brewers�, and vintners� packaged merchandise prepacked as a unit
with other suitable objects as gift items to be sold only as a unit; the sale
of novelty wearing apparel identified with the name of the establishment
licensed under the provisions of this act; cigars, cigarettes, packaged
crackers, chips, nuts, and similar snacks, ice, and nonalcoholic beverages as
accessory beverages to alcoholic beverages.� The fee for this license shall be
fixed by the governing board or body of the municipality in which the licensed
premises are situated, by ordinance, at not less than $125 and not more than
$2,500.� No ordinance shall be enacted which shall raise or lower the fee to be
charged for this license by more than 20 [%] �percent
from that charged in the preceding license year or $500.00, whichever is the
lesser.� The governing board or body of each municipality may, by ordinance,
enact that no plenary retail distribution license shall be granted within its
respective municipality.
���� Limited retail distribution
license. 3. b. The holder of this license shall be entitled, subject to rules
and regulations, to sell any unchilled, brewed, malt alcoholic beverages in
quantities of not less than 72 fluid ounces for consumption off the licensed
premises, but only in original containers, provided, however, that this license
shall be issued only for premises operated and conducted by the licensee as a
bona fide grocery store, meat market, meat and grocery store, delicatessen, or
other type of bona fide food store at which groceries or other foodstuffs are
sold at retail and provided further that this license shall not be issued
except for premises at which the sale of groceries or other foodstuffs is the
primary and principal business and at which the sale of alcoholic beverages is
merely incidental and subordinate thereto.� The fee for this license shall be
fixed by the governing body or board of the municipality in which the licensed
premises are situated, by ordinance, at not less than $31 and not more than
$63.� The governing board or body of each municipality may, by ordinance, enact
that no limited retail distribution license shall be granted within its
respective municipality.
���� Plenary retail transit
license. 4. The holder of this license shall be entitled, subject to rules and
regulations, to sell any alcoholic beverages, for consumption only, on railroad
trains, airplanes, limousines, and boats, while in transit.� The fee for this
license for use by a railroad or air transport company shall be $375, for use
by the owners of limousines shall be $31 per vehicle, and for use on a boat
shall be $63 on a boat 65 feet or less in length, $125 on a boat more than 65
feet in length but not more than 110 feet in length, and $375 on a boat more
than 110 feet in length; such boat lengths shall be determined in the manner
prescribed by the Bureau of Customs of the United States Government or any
federal agency successor thereto for boat measurement in connection with
issuance of marine documents.� A license issued under this provision to a
railroad or air transport company shall cover all railroad cars and planes
operated by any such company within the State of New Jersey.� A license for a
boat or limousine issued under this provision shall apply only to the
particular boat or limousine for which issued and shall permit the purchase of
alcoholic beverages for sale or service in a boat or limousine to be made from
any Class A and B licensee or from any Class C licensee whose license privilege
permits the sale of alcoholic beverages in original containers for off-premises
consumption.� An interest in a plenary retail transit license issued in
accordance with this section shall be excluded in determining the maximum
number of retail licenses permitted under P.L.1962, c.152 (C.33:1-12.31 et
seq.).
���� Club license. 5. The holder of
this license shall be entitled, subject to rules and regulations, to sell any
alcoholic beverages but only for immediate consumption on the licensed premises
and only to bona fide club members and their guests.� The fee for this license
shall be fixed by the governing board or body of the municipality in which the
licensed premises are situated, by ordinance, at not less than $63 and not more
than $188.� The governing board or body of each municipality may, by ordinance,
enact that no club licenses shall be granted within its respective
municipality.� Club licenses may be issued only to such corporations,
associations and organizations as are operated for benevolent, charitable,
fraternal, social, religious, recreational, athletic, or similar purposes, and
not for private gain, and which comply with all conditions which may be imposed
by the Director of the Division of Alcoholic Beverage Control by rules and
regulations.
���� The provisions of section 23
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.
���� Sporting facility license. 6.
The holder of this license shall be entitled, subject to rules and regulations,
to sell at retail or to serve any alcoholic beverages as the owner, operator,
lessee, or concessionaire of a sporting facility by the glass or other
receptacle or in original containers only on the premises of the sporting
facility.
���� Notwithstanding any other
provision of Title 33 of the Revised Statutes and subject to conditions
established by the director, the holder of this license may share direction and
control of the premises to be licensed and share proceeds and profits from the
sale of alcoholic beverages with the owner, operator, concessionaire, or lessee
of the facility.� The holder of this license shall be permitted to conduct
consumer wine, beer, and spirits tasting events and samplings for a fee or on a
complimentary basis provided, however, the license holder complies with the
provisions of section 3 of P.L.2009, c.216 (C.33:1-12d) and rules and
regulations promulgated thereto.� Notwithstanding any law, rule or regulation
to the contrary, the holder of this license shall be entitled to establish up
to five all-inclusive areas within the licensed sporting facility, provided the
total capacity of the all-inclusive area or areas within the sporting facility
for each game or event does not exceed more than 500 persons or five percent of
the total capacity of the sporting facility, whichever is greater.
���� The fee for this license shall
be $2,500 for venues with a capacity of less than 7,500 persons; $5,000 for
venues with a capacity of not less than 7,500 persons but not more than 14,999
persons; $7,500 for venues with a capacity of not less than 15,000 persons but
not more than 22,499 persons; and $10,000 for venues with a capacity of 22,500
persons or more.
���� The director may, in
accordance with regulations or a special ruling, issue special all-inclusive
area event permits to the holder of this license authorizing the establishment
of an all-inclusive area or areas in excess of these limitations for a national
or international sporting event at a sporting facility with a seating capacity
of 50,000 or more persons, provided the issuance of the special all-inclusive
area event permits is consistent with the provisions of Title 33 of the Revised
Statutes and any regulations promulgated thereunder.� The director may impose
special conditions on the special all-inclusive area event permits deemed
necessary and proper to protect the health, safety, and welfare of the public.�
A special all-inclusive area event permit issued pursuant to this subsection
shall be valid for the specified duration of the event and the fee shall be
$2,000 per day for each all-inclusive area established, but the total fee shall
not exceed $6,000 per day.� Prior to the issuance of a special all-inclusive
area event permit, the director may require the holder of this license to
provide a bond or equivalent to the Division of Alcoholic Beverage Control in
an amount to be determined by the director based on the size, scope, and
conditions of the national or international sporting event and the compliance
history of the sporting facility license holder.
���� For the purposes of this
subsection:
���� �National or international
sporting event� means a tournament-level professional event governed by a
national or international sports federation or governing body, including, but
not limited to, sporting events governed by the National Football League, International
Olympic Committee, and the International Federation of Association Football.
���� �Sporting facility� means a
stadium, arena, team training facility, or similar venue located on public
property where alcoholic beverages are served or sold at retail for consumption
on the premises by the glass or other open receptacle or in original containers.
���� �Team training facility� shall
include team offices and team headquarters.
(cf:� P.L.2025, c.215, s.7)]1
���� 13.�� R.S.33:1-12
is amended to read as follows:
���� 33:1-12. Class C licenses
shall be subdivided and classified as follows:
���� Plenary retail consumption
license. 1. The holder of this license shall be entitled, subject to rules and
regulations, to sell any alcoholic beverages for consumption on the licensed
premises by the glass or other open receptacle, and also to sell any alcoholic
beverages in original containers for consumption off the licensed premises, but
this license shall not be issued to permit the sale of alcoholic beverages in
or upon any premises in which a grocery, delicatessen, drug store, or other
mercantile business is carried on, except as hereinafter provided.� The holder
of this license shall be permitted to conduct consumer wine, beer, and spirits
tasting events and samplings for a fee or on a complimentary basis pursuant to
conditions established by rules and regulations of the Division of Alcoholic
Beverage Control, provided, however, that the holder of this license complies
with the terms and conditions set forth in section 3 of P.L.2009, c.216
(C.33:1-12d).� The holder of this license shall be entitled to sell and
deliver alcoholic beverages for consumption off the licensed premises pursuant
to section 1
of P.L.    , c.    (C.        ) (pending
before the Legislature as this bill); provided, however, alcoholic
beverages shall not be delivered pursuant to this section in their original
sealed or unsealed containers except for malted beverages.
���� Subject to such rules and
regulations established from time to time by the director, the holder of this
license shall be permitted to sell alcoholic beverages in or upon the premises
in which any of the following is carried on:� the keeping of a hotel or restaurant
including the sale of mercantile items incidental thereto as an accommodation
to patrons; the sale, at an entertainment facility as defined in R.S.33:1-1,
having a seating capacity for no less than 4,000 patrons, of mercantile items
traditionally associated with the type of event or program held at the site;
the sale of distillers', brewers', and vintners' packaged merchandise prepacked
as a unit with other suitable objects as gift items to be sold only as a unit;
the sale of novelty wearing apparel identified with the name of the
establishment licensed under the provisions of this section; the sale of
cigars, cigarettes, packaged crackers, chips, nuts, and similar snacks and ice
at retail as an accommodation to patrons or the retail sale of nonalcoholic
beverages as accessory beverages to alcoholic beverages; or, in commercial
bowling establishments, the retail sale or rental of bowling accessories and
the retail sale from vending machines of candy, ice cream, and nonalcoholic
beverages.� The fee for this license shall be fixed by the governing board or
body of the municipality in which the licensed premises are situated, by
ordinance, at not less than $250 and not more than $2,500. No ordinance shall
be enacted which shall raise or lower the fee to be charged for this license by
more than 20 percent from that charged in the preceding license year or
$500.00, whichever is the lesser.� The governing board or body of each
municipality may, by ordinance, enact that no plenary retail consumption license
shall be granted within its respective municipality.
���� The holder of this license
shall be permitted to obtain a restricted brewery license issued pursuant to
subsection 1c. of R.S.33:1-10 and to operate a restricted brewery immediately
adjoining the licensed premises in accordance with the restrictions set forth
in that subsection.� All fees related to the issuance of both licenses shall be
paid in accordance with statutory law.
���� Seasonal retail consumption
license.� 2. (1) The holder of this license shall be entitled, subject to rules
and regulations, to sell any alcoholic beverages for consumption on the
licensed premises by the glass or other open receptacle and also to sell any
alcoholic beverages in original containers for consumption off the licensed
premises, during the summer season from May 1 until November 14, inclusive, or
during the winter season from November 15 until April 30, inclusive.
���� (2)� In addition, the director
shall issue to the holder of this license, upon request by the licensee,
one-day permits that shall entitle the license holder to sell alcoholic
beverages for consumption on the licensed premises during the season when the
license holder is not authorized to sell alcoholic beverages pursuant to
subparagraph (1) of this subsection.� The number of one-day permits issued to a
licensee pursuant to this subsection shall not exceed an aggregate of 14
permits in one calendar year.� A one-day permit issued pursuant to this
subsection shall be valid for 24 consecutive hours.� The fee for each one-day
permit shall be $500.
���� The governing body of the
municipality in which the licensed premises is situated may place reasonable
conditions upon a one-day permit for the purpose of maintaining public safety
on the licensed premises and immediately surrounding area.� The costs associated
with the reasonable conditions placed on the one-day permit shall be assumed by
the holder of this license.
���� (3)� This license shall not be
issued to permit the sale of alcoholic beverages in or upon any premises in
which a grocery, delicatessen, drug store, or other mercantile business is
carried on, except as hereinafter provided.� Subject to such rules and regulations
established from time to time by the director, the holder of this license shall
be permitted to sell alcoholic beverages in or upon the premises in which any
of the following is carried on:� the keeping of a hotel or restaurant including
the sale of mercantile items incidental thereto as an accommodation to patrons;
the sale of distillers', brewers', and vintners' packaged merchandise prepacked
as a unit with other suitable objects as gift items to be sold only as a unit;
the sale of novelty wearing apparel identified with the name of the
establishment licensed under the provisions of this section; the sale of
cigars, cigarettes, packaged crackers, chips, nuts, and similar snacks and ice
at retail as an accommodation to patrons; or the retail sale of nonalcoholic
beverages as accessory beverages to alcoholic beverages.� The fee for this
license shall be fixed by the governing board or body of the municipality in
which the licensed premises are situated, by ordinance, at 75 percent of the
fee fixed by said board or body for plenary retail consumption licenses.� The
governing board or body of each municipality may, by ordinance, enact that no
seasonal retail consumption license shall be granted within its respective
municipality.
���� (4)� A person who held this
license prior to the effective date of P.L.2025, c.295 and wishes to exchange
the license for a plenary retail consumption license may surrender the license
to the issuing authority prior to the last day of the 24 month following the
effective date of P.L.2025, c.295, and the issuing authority shall convert the
license to a plenary retail consumption license. Thereafter, the licensee may
sell any alcoholic beverages during 12 months of each year in accordance with
the provisions of this section.� The governing board or body of the
municipality in which the licensed premises is situated shall affirmatively
approve the holder of this license converting it to a plenary retail
consumption license in accordance with this subsection and exercising the same
privileges as the holder of a plenary retail consumption license.� A person who
converts this license shall be entitled to sell alcoholic beverages on the same
days and during the same hours as other plenary retail consumption license holders
within the same municipality.�
���� The fee to convert this
license shall be equal to 43 percent of the average sales price of plenary
retail consumption licenses in the municipality in which the licensed premises
is located during the two years immediately preceding the effective date of P.L.2025,
c.295.� If less than three plenary retail consumption licenses have been sold
in the municipality or municipalities during the two years immediately
preceding the effective date of P.L.2025, c.295, the fee shall be equal to 43
percent of the average sales price of the last three plenary retail consumption
licenses sold prior to the effective date of P.L.2025, c.295, except as
otherwise provided in paragraph (b) of this subsection.� If the licensed
premises is located within the boundaries of two or more municipalities, the
highest average sale price of the two or more municipalities shall be used to
calculate the fee.� The calculation to determine the fee shall not include de
minimis or related party transfer sales and shall be subject to the following
requirements:
���� (a)�� if the sales price of a
plenary retail consumption license required to be used in this section to
determine the average sales price is not known or cannot be determined because
the license was sold co-mingled with other assets as part of a bulk sale for a
total sales price that did not identify the component prices of the individual
assets included in the sale, the fee shall be $350,000;
���� (b)� if less than three
plenary retail consumption licenses have been sold in the municipality or
municipalities during the five years immediately preceding the effective date
of P.L.2025, c.295, the fee shall be $350,000; or
���� (c)�� if a municipality has
less than five plenary retail consumption licenses, the fee shall be $350,000.
���� (5)� The holder of this
license shall be entitled to sell and deliver alcoholic beverages for
consumption off the licensed premises pursuant to section 1 of P.L.��� , c.��
(C.������ )(pending before the Legislature as this bill) provided, however,
alcoholic beverages shall not be delivered pursuant to this section in their
original sealed or unsealed containers except for malted beverages.
���� The fee for converting this
license shall be paid to the municipality in which the licensed premises is
located. If the licensed premises is located within the boundaries of two or
more municipalities, the fee shall be divided and paid in equal proportions to
the municipalities.� A person who exchanges this license also shall pay the
annual fee established by the issuing authority for holding a plenary retail
consumption license.
���� Plenary retail distribution
license. 3. a. The holder of this license shall be entitled, subject to rules
and regulations, to sell any alcoholic beverages or intoxicating hemp beverages
until the expiration of section 11 of P.L.2025, c.215 (C.24:6I-48.5) for
consumption off the licensed premises, but only in original containers except
that licensees shall be permitted to conduct consumer wine, beer, and spirits
tasting events and samplings on a complimentary basis pursuant to conditions
established by rules and regulations of the Division of Alcoholic Beverage
Control, provided, however, that the holder of this license complies with the
terms and conditions set forth in section 3 of P.L.2009, c.216 (C.33:1-12d).
���� The governing board or body of
each municipality may, by ordinance, enact that this license shall not be
issued to permit the sale of alcoholic beverages in or upon any premises in
which any other mercantile business is carried on, except that any such ordinance,
heretofore or hereafter adopted, shall not prohibit the retail sale of
distillers', brewers', and vintners' packaged merchandise prepacked as a unit
with other suitable objects as gift items to be sold only as a unit; the sale
of novelty wearing apparel identified with the name of the establishment
licensed under the provisions of this act; cigars, cigarettes, packaged
crackers, chips, nuts, and similar snacks, ice, and nonalcoholic beverages as
accessory beverages to alcoholic beverages.� The fee for this license shall be
fixed by the governing board or body of the municipality in which the licensed
premises are situated, by ordinance, at not less than $125 and not more than
$2,500.� No ordinance shall be enacted which shall raise or lower the fee to be
charged for this license by more than 20 percent from that charged in the
preceding license year or $500.00, whichever is the lesser.� The governing
board or body of each municipality may, by ordinance, enact that no plenary
retail distribution license shall be granted within its respective
municipality.
���� Limited retail distribution
license. 3. b. The holder of this license shall be entitled, subject to rules
and regulations, to sell any unchilled, brewed, malt alcoholic beverages in
quantities of not less than 72 fluid ounces for consumption off the licensed
premises, but only in original containers, provided, however, that this license
shall be issued only for premises operated and conducted by the licensee as a
bona fide grocery store, meat market, meat and grocery store, delicatessen, or
other type of bona fide food store at which groceries or other foodstuffs are
sold at retail, and provided further that this license shall not be issued
except for premises at which the sale of groceries or other foodstuffs is the
primary and principal business and at which the sale of alcoholic beverages is
merely incidental and subordinate thereto.� The fee for this license shall be
fixed by the governing body or board of the municipality in which the licensed
premises are situated, by ordinance, at not less than $31 and not more than
$63.� The governing board or body of each municipality may, by ordinance, enact
that no limited retail distribution license shall be granted within its
respective municipality.
���� Plenary retail transit
license. 4. The holder of this license shall be entitled, subject to rules and
regulations, to sell any alcoholic beverages, for consumption only, on railroad
trains, airplanes, limousines, and boats, while in transit.� The fee for this
license for use by a railroad or air transport company shall be $375, for use
by the owners of limousines shall be $31 per vehicle, and for use on a boat
shall be $63 on a boat 65 feet or less in length, $125 on a boat more than 65
feet in length but not more than 110 feet in length, and $375 on a boat more
than 110 feet in length; such boat lengths shall be determined in the manner
prescribed by the Bureau of Customs of the United States Government or any
federal agency successor thereto for boat measurement in connection with
issuance of marine documents. A license issued under this provision to a
railroad or air transport company shall cover all railroad cars and planes
operated by any such company within the State of New Jersey.� A license for a
boat or limousine issued under this provision shall apply only to the
particular boat or limousine for which issued and shall permit the purchase of
alcoholic beverages for sale or service in a boat or limousine to be made from
any Class A and B licensee or from any Class C licensee whose license privilege
permits the sale of alcoholic beverages in original containers for off-premises
consumption.� An interest in a plenary retail transit license issued in
accordance with this section shall be excluded in determining the maximum
number of retail licenses permitted under P.L.1962, c.152 (C.33:1-12.31 et
seq.).
���� Club license. 5. The holder of
this license shall be entitled, subject to rules and regulations, to sell any
alcoholic beverages but only for immediate consumption on the licensed premises
and only to bona fide club members and their guests.� The fee for this license
shall be fixed by the governing board or body of the municipality in which the
licensed premises are situated, by ordinance, at not less than $63 and not more
than $188.� The governing board or body of each municipality may, by ordinance,
enact that no club licenses shall be granted within its respective
municipality.� Club licenses may be issued only to such corporations,
associations and organizations as are operated for benevolent, charitable,
fraternal, social, religious, recreational, athletic, or similar purposes, and
not for private gain, and which comply with all conditions which may be imposed
by the Director of the Division of Alcoholic Beverage Control by rules and
regulations.
���� The provisions of section 23
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.
���� Sporting facility license. 6.
The holder of this license shall be entitled, subject to rules and regulations,
to sell at retail or to serve any alcoholic beverages as the owner, operator,
lessee, or concessionaire of a sporting facility by the glass or other
receptacle or in original containers only on the premises of the sporting
facility.
���� Notwithstanding any other
provision of Title 33 of the Revised Statutes and subject to conditions
established by the director, the holder of this license may share direction and
control of the premises to be licensed and share proceeds and profits from the
sale of alcoholic beverages with the owner, operator, concessionaire, or lessee
of the facility.� The holder of this license shall be permitted to conduct
consumer wine, beer, and spirits tasting events and samplings for a fee or on a
complimentary basis provided, however, the license holder complies with the
provisions of section 3 of P.L.2009, c.216 (C.33:1-12d) and rules and
regulations promulgated thereto.� Notwithstanding any law, rule or regulation
to the contrary, the holder of this license shall be entitled to establish up
to five all-inclusive areas within the licensed sporting facility, provided the
total capacity of the all-inclusive area or areas within the sporting facility
for each game or event does not exceed more than 500 persons or five percent of
the total capacity of the sporting facility, whichever is greater.
���� The fee for this license shall
be $2,500 for venues with a capacity of less than 7,500 persons; $5,000 for
venues with a capacity of not less than 7,500 persons but not more than 14,999
persons; $7,500 for venues with a capacity of not less than 15,000 persons but
not more than 22,499 persons; and $10,000 for venues with a capacity of 22,500
persons or more.
���� The director may, in
accordance with regulations or a special ruling, issue special all-inclusive
area event permits to the holder of this license authorizing the establishment
of an all-inclusive area or areas in excess of these limitations for a national
or international sporting event at a sporting facility with a seating capacity
of 50,000 or more persons, provided the issuance of the special all-inclusive
area event permits is consistent with the provisions of Title 33 of the Revised
Statutes and any regulations promulgated thereunder.� The director may impose
special conditions on the special all-inclusive area event permits deemed
necessary and proper to protect the health, safety, and welfare of the public.�
A special all-inclusive area event permit issued pursuant to this subsection
shall be valid for the specified duration of the event and the fee shall be
$2,000 per day for each all-inclusive area established, but the total fee shall
not exceed $6,000 per day.� Prior to the issuance of a special all-inclusive
area event permit, the director may require the holder of this license to
provide a bond or equivalent to the Division of Alcoholic Beverage Control in
an amount to be determined by the director based on the size, scope, and
conditions of the national or international sporting event and the compliance
history of the sporting facility license holder.
���� For the purposes of this
subsection:
���� "National or
international sporting event" means a tournament-level professional event
governed by a national or international sports federation or governing body,
including, but not limited to, sporting events governed by the National
Football League, International Olympic Committee, and the International
Federation of Association Football.
���� "Sporting facility"
means a stadium, arena, team training facility, or similar venue located on
public property where alcoholic beverages are served or sold at retail for
consumption on the premises by the glass or other open receptacle or in original
containers.
���� "Team training
facility" shall include team offices and team headquarters.1
(cf: P.L.2025, c.295, s.1)�
���� 4.��� This act shall take
effect immediately.��