New Jersey Limited Brewery and Restricted Brewery License
New Jersey Brewery Attorneys
These days, consumers are clamoring for unique craft beers. To satisfy that demand, New Jersey Craft Breweries have been popping up everywhere. Whether you want to turn your brewing hobby into a profession or supply your restaurant with your own beer, now is the time to act. Craft Breweries and Brewpubs are flourishing in today’s alcohol industry because they can provide their patrons with a something different from the large-scale beer companies. But for you to succeed in this marketplace, you will need a strong business plan and the proper approvals to even get started. A denial of your application for a Manufacturing License from the Division of Alcoholic Beverage Control can kill your dreams in an instant. Call the ABC liquor license attorneys at 732-858-5857. Having spent part of his career as a Deputy Attorney General, our firm partner, William C. Fay, IV, Esq., has the knowledge and resources necessary to assist you in obtaining your liquor license. Call today and set up an appointment at any one of our offices.
How Can I Start a Craft Brewery in NJ?
The holder of a Limited Brewery License may, subject to rules and regulations, 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. A Craft Brewery may sell and distribute their product to wholesalers and retailers licensed in New Jersey, and may sell and distribute outside of this State to any persons pursuant to the laws of the places of such sale and distribution. The licensee may also maintain a warehouse. The Craft Brewery license holder is entitled to sell this product at retail to consumers on the licensed premises of the brewery for consumption on the premises, but only in connection with a tour of the brewery, or for consumption off the premises in a quantity of not more than 15.5 fluid gallons per person, and to offer samples for sampling purposes only pursuant to an annual permit issued by the director. The holder of this license shall not sell food or operate a restaurant on the licensed premises.
The fee for this license shall be graduated as follows:
- Up to 50,000 barrels of 31 liquid gallons capacity per annum, $1,250;
- Up to 100,000 barrels of 31 fluid gallons capacity per annum, $2,500;
- Up to 200,000 barrels of 31 fluid gallons capacity per annum, $5,000;
- Up to 300,000 barrels of 31 fluid gallons capacity per annum, $7,500.
What is a “Sample” at a Brewery?
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 – What are Brew Pubs?
A brew pub, referred to by the Division of Alcoholic Beverage Control as a Restricted Brewery License, is a manufacturing license that permits the license holder to brew malt alcoholic beverages in quantities not to exceed 10,000 barrels per license term. Some local examples would be Birravino in Red Bank, JJ Bitting in Woodbridge and Harvest Moon Brewery and Cafe in New Brunswick. These licenses can only be issued to a person or entity that identically owns a Plenary Retail Consumption License which is operated in conjunction with a restaurant regularly and principally used for the purpose of providing meals to its customers and having kitchen and dining facilities. The restricted brewery licensed premises must be immediately adjoining the retail consumption licensed premises. The holder of this license shall only be entitled to sell or deliver its product to that restaurant premises. The purpose of this type of license is to allow the holder of the license to manufacture product and to sell it at its retail licensed premises. 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.
Since this is a manufacturing license, it will also need certain approval from the federal Alcohol and Tobacco Tax and Trade Bureau and from the New Jersey Department of Environmental Protection and Energy and may also require additional approval from the municipality in which it is located.
Appealing the Denial of Your Craft Brewery or Brew Pub
Under N.J.S.A. 33:1-10, 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.
NJ Division of ABC Liquor License Attorneys
Call 732-858-5857 today and speak with the New Jersey Craft Brewery and Brewpub attorneys. With prior experience as a Deputy Attorney General with the Division of Alcoholic Beverage Control, William C. Fay, IV, Esq. can help you navigate the strict and lengthy process that comes with opening your craft brewery or Brewpub.