STATE
OF NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF ALCOHOLIC BEVERAGE CONTROL
IN THE MATTER OF THE PROPOSED AMENDMENT TO N.J.A.C.
13:2-37.1 (Consumer Alcoholic Beverage Tasting Events
and Samplings)
AMENDMENT TO SPECIAL RULING AUTHORIZING CONSUMER
ALCOHOLIC TASTING EVENTS AND SAMPLINGS PURSUANT
TO PROPOSED AMENDMENT TO N.J.A.C. 13:2-37.1
BY
THE DIRECTOR:
On July 16, 2004, I issued a Special Ruling ordering
that, until adoption of the proposed amendment to
N.J.A.C. 13:2-37.1, New Jersey licensed retailers,
wholesalers and suppliers who wish to conduct consumer
alcoholic beverage tasting events or samplings as
provided by P.L. 2003, c. 279, shall comply with
the statutory provisions and the conditions contained
in that Special Ruling.
It has been brought to my attention that there is
a typographical error in the Special Ruling in the
section regarding the participation of suppliers,
manufacturers or wholesalers in
tasting events. Specifically, the Special Ruling
erroneously added the words “and sampling”
to this section. The paragraph should read as follows:
Suppliers, manufacturers or wholesalers of alcoholic
beverages holding an annual special permit as provided
in current regulation N.J.A.C. 13:2-37.1(a)(7)
may participate in consumer tasting events hosted
by licensees and permittees who are allowed to sell
alcoholic beverages in open containers as well as
distribution licensees. As provided in this existing
regulation, each solicitor or duly authorized representative
participating in consumer tasting events must hold
an additional $200.00 permit and comply with the
10 day advance reporting requirement therein.
The deletion of the words “and sampling”
from this section keeps the Special Ruling in conformance
with the existing wine tasting regulations, the
proposal to amend N.J.A.C. 13:2- 37.1 which
is scheduled to be published in the New Jersey
Register on September 7, 2004, and the actual
permit provided for in the regulation. Therefore,
a solicitor may not participate in any sampling
done on the licensed premises as defined under my
Ruling.
Numerous inquiries have been received asking whether
authorization to pour samples by solicitors will
be extended to tasting events on a retail distribution
licensed premises. The
existing terms of consumer tasting permits issued
to allow solicitors to attend tasting events on
the premises of retail consumption licensees, permit
a solicitor “describe and pour” samples
of alcoholic beverages for consumers. This permission
has evolved over time after recognizing the specific
nature of a consumption licensee’s business
operation.
While the experience related to consumption licensees
is relevant to the practice to be utilized with
distribution licensees, it is not totally dispositive.
The legislation permitting tastings on distribution
licensed premises contemplates that the retailer
will independently provide tastings to consumers
and assure that such events are conducted within
statutory and regulatory requirements. In carrying
out this policy, it is essential that the retail
distribution licensee and its employees accept complete
responsibility for all aspects of planning and conducting
tasting events, including the pouring of samples.
This distribution of responsibilities also maintains
the proper balance in the roles of the respective
tiers. The role of the solicitor or other third
parties authorized to participate in a tasting is
to provide educational support regarding the product.
Unlike consumption licensees, distribution licensees
do not have a track record of experience establishing
independent control over service of alcohol for
immediate consumption by consumers. Until such time
that distribution licensees and their employees
have
demonstrated the control and judgment required to
carry out their significant responsibilities in
planning and conducting tasting events on their
premises, it is premature to even consider permitting
pouring of alcohol by third parties from another
industry tier on the retail premises. On balance,
I do not believe that the role of the solicitor
in a consumption premises tasting
should be reprised on a distribution premises. This
will ensure that the event is one controlled by
the retailer in a context different from a consumption
licensee but as contemplated by the legislation
for the purpose of the consumer purchasing alcohol
for off-premises consumption. For the reasons stated
herein, solicitors are limited to providing educational
commentary to consumers at tasting events and may
not pour samples for consumers on retail distribution
licensed premises.
Accordingly, it is on this 12th day of August, 2004,
ORDERED that the Special Ruling dated July 16, 2004
shall be amended to permit licensed representatives
of suppliers, manufacturers or wholesalers with
appropriate permits to participate at consumer tasting
events only, and it is further
ORDERED that licensed representatives of suppliers,
manufacturers or wholesalers with appropriate permits
are limited to providing educational commentary
and may not pour samples
at tasting events on retail distribution licensed
premises.
/s/
_________________________________
JERRY FISCHER
DIRECTOR
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