Less than two weeks after issuing it, the New Jersey Division of Alcoholic Beverage Control (NJABC) has suspended its Special Ruling that imposed new regulations on Limited Brewery Licensees. The Special Ruling released in late September included restrictions on, among other things, special events and entertainment at Limited Breweries. In its announcement, the NJABC stated that the suspension of the restrictions will provide the opportunity to engage in further conversations with craft breweries and other alcoholic beverage license holders about the impact of the Special Ruling. The NJABC is also poised to work with state legislators to determine whether new legislation is needed to update the law that prompted the Special Ruling. Michael D. DeLoreto, an Associate in the Gibbons Government & Regulatory Affairs Department, and Jennifer P. Smith, a Director in the Gibbons Real Property Department, authored this post. This blog also appeared on the Gibbons Government & Regulatory Affairs Alert on October 3, 2018.
Author: Michael D. DeLoreto
The New Jersey Division of Alcoholic Beverage Control (NJABC) has recently issued two notices to the regulated community – the first notice impacting all consumption licensees hosting a Grand Opening event (known as a “soft opening”) and the second impacting the operation of a Limited Brewery. Due to the highly regulated nature of alcoholic beverages and the recent announcement of these rules, licensees should be diligent in their compliance. The Grand Opening Permit authorizes an on-premise consumption licensee to sponsor a one-time private event on the licensed premises at its initial opening. With this permit, the NJABC recognizes that a new licensee may want to introduce itself to certain members of the community through a private event before its opening to the general public. The licensee must maintain a list of all individuals invited and when the invitation was accepted (no same-day invitations or “walk-up” invitees), and the list must be provided to the NJABC within ten days after the event. The licensee can offer an open bar at the event for no more than three hours (unless the permit authorizes differently), and the entire licensed premises must be closed to the public with clear and conspicuous signage that the premises...
On June 1, 2015, after significant outreach to the relevant stakeholders, the New Jersey Department of Environmental Protection (NJDEP) released for public comment sweeping proposed changes to the rules governing Coastal Zone Management (CZM), N.J.A.C. 7:7E-1.1 et seq., Stormwater Management (SWM), N.J.A.C. 7:8-1.1 et seq., and the Flood Hazard Area Control Act (FHACA), N.J.A.C. 7:13-1.1 et seq. However, the New Jersey Legislature is poised to use its constitutional authority to find that the proposed regulations are inconsistent with the legislative intent of the enabling statutes.