New Jersey, like most other states, has a three-tier alcohol distribution system: (1) manufacturers and suppliers sell to wholesalers; (2) wholesalers sell to retailers; and (3) retailers sell to consumers. New Jersey’s Alcoholic Beverage Control Laws (“ABC Laws”), which are enforced by the Director of the Division of the Alcoholic Beverage Control (“ABC”), have allowed certain New Jersey farmers and wineries to skip the wholesalers and sell directly to retailers and consumers. Out-of-state wineries and wine aficionados cried foul and challenged the special privileges given to New Jersey producers. On December 17, 2010, the United States Court of Appeals for the Third Circuit issued its opinion in Freeman v. Corzine and sided against the New Jersey ABC.
Author: Jennifer P. Smith
It is not uncommon in New Jersey for businesses to fight tooth and nail to prevent competitors from obtaining development approvals. This month, in In the Matter of the Issuance of Access Conforming Lot Permit No. A-17-N-N040-2007 by the New Jersey Department of Transportation for Block 136, Lots 2 and 3 in Mahwah Township, New Jersey, the Appellate Division dragged the New Jersey Department of Transportation (“NJDOT”) into the fight and provided objectors with another path to delay or even prevent a business competitor from moving into town.
Happy Hour for Xanadu! N.J. Appellate Division Upholds ABC Director’s Decision on Special Concessionaire Permits
On August 6, 2010, the Appellate Division upheld the decision of the Director of the New Jersey Division of Alcoholic Beverage Control (“ABC”) to issue a special concessionaire permit to the proposed Benihana restaurant in the controversial Meadowlands Xanadu Project. The ruling will allow Xanadu bars and restaurants to avoid acquiring costly plenary retail consumption licenses from existing East Rutherford licensees.