Applying for an Out-of-State Winery License in New Jersey
Out-of-State Winery License for New Jersey
As I am sure you are aware, not all wines sold in New Jersey are produced here. For those wineries seeking to penetrate the New Jersey consumer base, you will need what is known as a Class A “Out-of-State Winery” License. These licenses are issued by the Division of Alcoholic Beverage Control. For assistance in obtaining an Out-of-State Winery License, contact the New Jersey ABC liquor license attorneys at 732-858-5857.
What is an Out-of State Winery License?
Created on January 9, 2012, and pursuant to N.J.S.A. 33:1-10.2e, a holder of a valid winery license issued by any other state may apply to the Director of New Jersey’s ABC for an out-of-state winery license. However, a caveat to this license is that the winery may not produce more than 250,000 gallons of wine annually not may they own an interest, direct or indirect, in a winery that does produce more than 250,000 gallons of wine per year. As discussed more fully below, the holder of this license is permitted to engage in the direct shipment of wine to New Jersey residents. Additional privileges are available to allow the sale of wine product to licensed retail establishments and the establishment of Salesrooms (Tasting Rooms) in New Jersey.
What Can I Do with an Out-of-State Winery License?
As an Out-of-State Winery licensee, you have the following three (3) privileges: Direct Ship, Wholesale and Salesrooms/Outlets.
New Jersey Direct Ship:
As an Out-of-State winery license you may ship your product directly to New Jersey Consumers, provided that:
- You may only ship products which you have manufactured;
- Your products being shipped/sold must be brand registered in New Jersey;
- You can only ship up to twelve (12) cases of wine per person, per year;
- You must, retain all invoices of sales for a minimum of three (3) years and produce said documents upon request within seven (7) days;
- You are in compliance with New Jersey’s tax collection and remission requirements, pursuant to the “Alcoholic Beverage Tax Law.”
New Jersey Wholesale:
The Out-of-State Winery license permits you to sell and distribute your products at wholesale to licensed retail establishments. This however requires an additional fee on top of obtaining the license:
- Manufacturer of between 150,000 and 250,000 gallons = $1,000.00
- Manufacturer of between 100,000 and 150,000 gallons = $500.00
- Manufacturer of between 50,000 and 100,000 gallons = $250.00
- Manufacturer of less than 50,000 gallons = $100.00
Because you are acting as a wholesaler, you must also comply with the wholesaler requirements of filing a monthly CPL (Current Price List) with the Division of ABC.
You may engage in solicitation and promotional activity. However, any activity performed by non-members/non-partners listed on the application must first obtain a Solicitor’s Permit through the Division of ABC.
New Jersey Salesrooms and Outlets:
- With an Out-of-State winery license, your privileges allow you to establish sampling on the premises of a Salesroom or Outlet, as well as permit the purchase for off-site consumption;
- You are limited to a maximum of 16 Salesrooms;
- Each salesroom requires a fee of $250.00 and require a specific application to be filed with your license.
New Jersey ABC Liquor License Attorneys
For immediate assistance in obtaining or renewing your out-of-state winery license, contact the New Jersey ABC attorneys at 732.858.5857. We will gladly assist you in your matter and provide you with the representation necessary to successfully navigate New Jersey’s ABC regulatory scheme.
