N.J. Admin. Code § 13:2-12.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:2-12.3 - Ineligibility of premises

(a) No permit shall be issued for the manufacture of malt alcoholic beverages or wines on premises that are also licensed for the retailing, wholesaling or manufacturing of alcoholic beverages.

(b) "Non-commercial premises" referenced in 33:1-75 and as used in this section shall include premises in which equipment and space are leased to a permittee for the purpose of brewing malt alcoholic beverages or fermenting wines for personal or household use or consumption.

(c) Nothing contained within this section shall prohibit the issuance of a special permit for home manufacture of malt alcoholic beverages and wines to a permittee who utilizes an authorized non-commercial premises offering the use of space, equipment, ingredients, bottling supplies, advice and expertise exclusively for the production of the permittee's malt alcoholic beverage or wine. No operation as described in this section shall be permitted unless:

1. The non-commercial premises shall obtain a public warehouse license in accordance with N.J.S.A. 33:1-14.1;

2. The owner of the non-commercial premises shall provide written notice of the proposed operation to, and shall receive written approval from the Director. The Director shall advise the appropriate municipality of any pending applications. Upon timely receipt of a duly signed written objection to the operation of the non-commercial premises, which must be received within 30 days of the notification to the municipality, the Director will afford a hearing to all parties and notify the owner of the non-commercial premises and the objector of the date, hour and place thereof;

3. The owner of the non-commercial premises shall keep records of permittees using the facility to produce malt alcoholic beverages and wines. These records are to be retained for a period of two years and must be available for inspection by the Director, the Director's authorized deputies, inspectors and investigators, and by any officer defined by N.J.S.A. 33:1-1p; and

4. Representatives of the non-commercial premises shall not provide physical assistance to, or on the behalf of, permittees in the production or bottling of malt alcoholic beverages and wines, nor storage other than that necessary to manufacture the malt alcoholic beverages or wines.

N.J. Admin. Code § 13:2-12.3

Amended by R.1990 d.412, effective 8/20/1990.
See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c).
Stylistic revisions.
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 New Jersey Register 2051(a), 27 New Jersey Register 3177(a).
Added provisions for malt alcoholic beverages in (a) and added (b) and (c).