Bill Text: NJ A940 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits wineries to sell wine at certain farm markets.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A940 Detail]
Download: New_Jersey-2012-A940-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
SYNOPSIS
Permits wineries to sell wine at certain farm markets.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning alcoholic beverages and supplementing Title 33 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Community farm market" means two or more producers or farmers who assemble at a location used seasonally for the wholesale or retail marketing and sale of the agricultural output of a farm, and products that contribute to farm income, excluding roadside farm stands.
"Roadside farm stand" means a location owned by a single farmer or producer at which the producer or farmer sells his produce directly to consumers.
b. The director may, subject to rules and regulations, issue a person who holds a plenary winery license or farm winery license a permit to sell naturally fermented wine produced by the winery at a community farm market for consumption off the premises of the community farm market, provided the person is engaged in growing or cultivating grapes or fruit on at least three acres on, or adjacent to, the winery premises. A person shall obtain a separate permit for each community farm market where the person intends to sell naturally fermented wine. The director may not issue a person a permit to sell wine at a community farm market located in a municipality where the sale of alcoholic beverages has been prohibited by referendum under R.S.33:1-44 through R.S.33:1-47 or municipal ordinance or resolution.
c. A person holding a valid permit issued pursuant to this section may, subject to rules and regulations, transport naturally fermented wine for the purpose of selling wine at a community farm market.
d. A person issued a permit pursuant to this section may, subject to rules and regulations, offer samples of naturally fermented wine at the community farm markets.
e. A permit issued pursuant to this section shall be valid for one year from the date of issuance but may be renewed provided the person issued the permit continues to hold a plenary winery license or farm winery license.
f. The director may establish a fee not to exceed $250 for the issuance and renewal of a permit.
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
The bill permits the Director of the Division of Alcoholic Beverage Control to issue a permit to the holder of a plenary or farm winery license to sell wines at specific community farm markets. Persons holding a valid permit would be entitled to transport their wine for the purpose of selling wine at a community farm market, but would not be able to sell wine at a community farm market located in a municipality where the sale of alcoholic beverages has been prohibited. The bill defines a "community farm market" as two or more producers or farmers who assemble at a location used seasonally for the wholesale or retail marketing and sale of the agricultural output of a farm, and products that contribute to farm income, excluding roadside farmstands.
Under the bill, a permit to sell wine at a community farm market would be valid for one year from the date it is issued and may be renewed as long as the person to whom it was issued continues to hold a plenary winery license or farm winery license. The bill also authorizes the Director of the Division of Alcoholic Beverage Control to charge a person applying for a permit or to renew a permit a fee not to exceed $250.
