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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)
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:
New legislation pertaining to the conduct of consumer
alcoholic beverage tasting events and samplings
was signed by Governor McGreevey on January 14,
2004 to take effect on June 1, 2004. See
P.L. 2003, c. 279. The legislation permits plenary
retail consumption licensees and permittees to conduct
consumer tasting events and samplings of wine, beer
and spirits for a fee or on a complimentary basis
pursuant to the conditions established by the Division
of Alcoholic Beverage Control (“Division”).
The legislation also permits plenary retail distribution
licensees (package goods stores) to conduct wine
tastings and samplings on a complimentary basis
pursuant to the conditions established by the Division,
provided: (1) patrons are limited to four one-and
one half ounce samples in any one 24-hour period;
(2) samples are not offered to, or allowed to be
consumed by, any minor or intoxicated person; (3)
samples are not offered when the sale of alcoholic
beverages is otherwise prohibited; and (4) tastings
and samplings are confined to the licensed premises.
In addition, the legislation provides that the wine
used in the tastings and samplings on the licensed
premise of a distribution licensee shall be owned
by the licensee conducting these tastings and samplings.
The legislation specifies that a person who violates
any of the preceding conditions will be fined an
amount established by the Division of Alcoholic
Beverage Control.
In response, the Division is proposing to amend
N.J.A.C. 13:2-37.1 to establish the conditions
by which consumer alcoholic beverage tasting events
and samplings may be held, as provided by P.L. 2003,
c. 279. In order to balance the intent of the new
legislation to extend the ability of licensees to
participate in tasting events and samplings, with
the legislative intent expressed in the Alcoholic
Beverage Control Act, N.J.S.A. 33:1-1 et
seq., to strictly regulate
alcoholic beverages to protect the health, safety
and welfare of the people of this State, the Division
has proposed some parameters for these activities.
The Division has defined “Tasting event”
and “Sampling” as follows. “Tasting
event” means a scheduled event hosted by a
licensee or permittee, which is not open to the
public and for which invitations are provided to
guests 24 hours in advance. “Sampling”
means an act by a licensee or permittee where a
small amount of an alcoholic beverage is offered
to a consumer for the purpose of inducing or promoting
a sale.
For licensees and permittees who are allowed to
sell alcoholic beverages in open containers, the
parameters for conducting tasting events and samplings
include:
-
Tasting
events are not to be open to the general public,
but are to be limited to invitations given 24
hours in advance.
-
Tasting events and samplings are not to be offered
to or allowed to be consumed by any person under
the legal age to consume alcoholic beverages or
by any intoxicated persons.
-
Tasting events and samplings are not to be offered
when the sale of alcoholic beverages is otherwise
prohibited.
-
All samplings must be from the inventory of the
licensee.
For
retail distribution licensees, the parameters for
conducting tasting events and samplings include:
-
Tasting events and samplings are confined to the
licensed premises and all wine used in the tasting
events and samplings shall be from the inventory
of the licensee conducting the tasting or sampling.
-
Seating of any kind and any bars for the purpose
of samplings or tasting events on a distribution
licensed premises is prohibited.
-
Only cheese, crackers, chips, dip and similar
snack foods are permitted to be served at a tasting
and only cheese and crackers are permitted at
a sampling.
-
Distribution licensees holding a tasting event
must notify the Division of Alcoholic Beverage
Control, in writing, at least ten days in advance
of conducting a tasting event. (The notice shall
describe the place, time and products to be featured
at the event.)
-
Only 12 bottles of wine may be open and offered
at each tasting event. (For purposes of this regulation,
an alcoholic beverage product means each specific
individual brand registered alcoholic beverage
product being offered.)
-
Only one tasting event is permitted in a 24-hour
period.
-
At a tasting event, each patron/customer is limited
to four one-and one-half ounce samples.
-
Samplings on a retail distribution licensed premises
are limited to the hours of 9:00 a.m and 10:00
p.m.
-
Patrons/customers are limited to four one-and
one-half ounce samplings in any 24-hour period.
-
Samplings may not be offered to, or allowed to
be consumed by, any person under the legal age
for consuming alcoholic beverages or intoxicated
persons.
-
Samplings are not to be offered when the sale
of alcoholic beverages is otherwise prohibited.
-
Only six bottles of wine may be open at any one
time on a plenary retail distribution licensed
premise for the purpose of sampling.
-
When a bottle is opened for the purpose of a sampling,
a form supplied by the Division identifying the
brand, size and the date the bottle was opened
must be completed by the
licensee. (This form must be maintained on the
licensed premises and available for inspection.)
-
When a bottle is opened for the purpose of a sampling,
the bottle must be marked SAMPLE and with the
date the bottle was opened which coincides with
the completed form.
-
Once a bottle is opened for the purpose of sampling,
it cannot be returned to the supplier.
-
No samplings of distilled spirits, beers or malt
alcoholic beverages may be provided by a Plenary
Retail Distribution Licensee.
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 and samplings
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.
Sanctions for any violation of State statutes, Division
regulations, or terms of any permit issued, in connection
with tasting events or samplings are: (1) the liquor
license will be subject to the imposition of suspensions
starting 5 days for a first offense, 10 days for
a second offense, and 15 days for a third offense;
and (2) a fine not to exceed $500 for each offense.
Although the Alcoholic Beverage Control Act provides
for suspensions and revocations for violations of
the Act, the new legislation provides specifically
for the additional imposition of a fine for violations
of this section.
The Division’s proposed amendment to N.J.A.C.
13:2-37.1 is currently under Departmental review.
Pending completion of this review and the formal
rulemaking process, I am issuing this Special Ruling,
pursuant to N.J.S.A. 33:1-39, which provides
me with specific statutory authority to make such
special rulings as may be necessary for the proper
regulation and control of the manufacture, sale
and distribution of alcoholic beverages. Pursuant
to that authority, I hereby allow New Jersey licensed
alcoholic beverage retailers, wholesalers, and suppliers,
until adoption of the amended regulation, to conduct
consumer alcoholic beverage tasting events and samplings
in compliance with the statutory provisions and
the conditions contained herein.
Accordingly, it is on this 16th day of July, 2004,
ORDERED 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 this Special Ruling.
/s/
_________________________________
JERRY FISCHER
DIRECTOR
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