N.J. Admin. Code § 13:2-37.1

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

Section 13:2-37.1 - Consumer alcohol beverage tasting events and samplings

(a) Definitions for the purpose of this section are as follows:

1. "Tasting event" means a scheduled event hosted by a licensee or permittee, at which samples may be provided, that may be open to the general public or limited by invitation.

2. "Sample" means a small amount of an alcoholic beverage.

3. "Sampling" means a licensee or permittee offering a sample to a consumer for the purpose of inducing or promoting a sale.

(b) Consumer alcoholic beverage tasting events or samplings may be held by a licensee or permittee allowed to sell alcoholic beverages in open containers, for a fee or on a complimentary basis, under the following conditions:

1. The host for an event shall hold an actively operated license or a valid permit authorizing sales of alcohol for immediate on-premises consumption;

2. All alcoholic beverages used or consumed at a tasting event and samplings shall be obtained from the inventory of, and owned by, the host licensee or Annual State permittee, or, if a social affair permittee, purchased in accordance with the Division laws and rules;

3. Tasting events shall be scheduled in advance no later than 12:00 noon of the business day prior to the tasting event and may be limited by invitation or open to the general public. A tasting event shall consist of only one category of samples at a time and there must be a two-hour interval between tasting events on any licensed premises. The categories for tasting events are: malt alcoholic beverages, wine or distilled spirits;

4. In any one calendar day, servings of alcoholic beverages per person are limited to:

i. No more than four three-ounce samples of a particular malt alcoholic beverage;

ii. No more than four one-and one-half ounce samples of wine; or

iii. No more than three one-half ounce samples of distilled spirits;

5. Any supplier, manufacturer, importer, wholesaler, solicitor or an authorized representative licensed or permitted by the Division of Alcoholic Beverage Control may participate in, assist with and promote consumer wine, beer and spirits tasting events up to two times per month at a licensed premises, except that samples shall not be served by any employee of a wholesaler. A solicitor employed by a supplier, manufacturer or importer who holds a wholesale license or an authorized representative licensed or permitted by the Division of Alcoholic Beverage Control, with an annual special permit to participate in consumer tasting events, may serve samples at a tasting event and provide educational commentary regarding the alcoholic beverages. The fee for the annual special permit for the supplier, manufacturer or wholesaler shall be $ 200.00 and an additional $ 200.00 permit for each solicitor or duly authorized representative. Ten days prior to participating in the event, the permittee shall file with the Division a consumer tasting request on a form prescribed by the Director;

6. For the limited purposes of this subchapter, the term "authorized representative" may include employees of marketing agencies engaged by a supplier, manufacturer or importer who holds a New Jersey wholesale license, if such supplier, manufacturer or importer obtains a special marketing agent permit pursuant to 13:2-5.6. Any supplier, manufacturer or importer who obtains a special marketing agent permit shall be responsible for all actions taken or violations of New Jersey law by any employee of a designated marketing agency. Each individual employee of a marketing agency covered by a special marketing agent permit must obtain a Marketing Agent Identification Card pursuant to 13:2-5.6(c);

7. Samples provided at tasting events and samplings shall not be offered to, or allowed to be consumed by, any person under the legal age for consuming alcoholic beverages or intoxicated persons;

8. Tasting events and samplings shall be confined to the licensed premises and shall not be conducted when the sale of alcoholic beverages is otherwise prohibited;

9. Tasting events may be advertised in any type of media, including, but not limited to, print, radio, television, Internet and signs, and these advertisements may include the date, time and location of the event, such as the name and address of the licensed premises and other information regarding the event; and

10. A supplier, manufacturer, importer, wholesaler, solicitor or authorized representative licensed or permitted by the Division of Alcoholic Beverage Control may provide the licensee upon whose premises the tasting event will be held with permissible advertising and promotional materials for use at the event and permissible consumer novelties for distribution to consumers attending the event.

(c) Consumer tasting events and samplings may be held at plenary retail distribution licensed premises, only on a complimentary basis, under the following conditions:

1. Tasting events and samplings are confined to the licensed premises and all alcoholic beverages used or consumed in the tasting events and samplings shall be obtained from the inventory of, and owned by, the retail licensee authorized to sell alcohol at retail upon the premises where the tasting event or sampling is being conducted;

2. Any supplier, manufacturer, importer, wholesaler, solicitor or an authorized representative licensed or permitted by the Division of Alcoholic Beverage Control may participate in, assist with, and promote consumer wine, beer and spirts tasting events up to two times per month at a licensed premises, except that samples shall not be served by any employee of a wholesaler. A solicitor employed by a supplier, manufacturer or importer who holds a wholesale license or an authorized representative licensed or permitted by the Division of Alcoholic Beverage Control, with an annual special permit to participate in consumer tasting events may serve samples at a tasting event and provide educational commentary regarding the alcoholic beverages. The fee for the annual special permit for the supplier, manufacturer or wholesaler shall be $ 200.00 and an additional $ 200.00 permit for each solicitor or duly authorized representative. Ten days prior to participating in the event, the permittee shall file with the Division a consumer tasting request on a form prescribed by the Director describing the place, time and products to be featured at the event;

3. For the limited purposes of this subchapter, the term "authorized representative" may include employees of marketing agencies engaged by a supplier, manufacturer or importer who holds a New Jersey wholesale license, if such supplier, manufacturer or importer obtains a special marketing agent permit pursuant to N.J.A.C. 13:2-5.6. Any supplier, manufacturer or importer who obtains a special marketing agent permit shall be responsible for all actions taken or violations of New Jersey law by any employee of a designated marketing agency. Each individual employee of a marketing agency covered by a Special Marketing Agent Permit must obtain a Marketing Agent Identification Card pursuant to 13:2-5.6(c);

4. No bars are permitted for the purpose of samplings or tasting events on a distribution licensed premises;

5. Only snack foods or hors d'oeuvres may be served at a tasting event or sampling and all food served must be provided by the retail distribution licensee to consumers without charge;

6. Tasting events shall be scheduled in advance and may be limited by invitation or open to the general public. Distribution licensees holding a tasting event must notify the Division of Alcoholic Beverage Control, in writing, at least 10 days in advance of conducting a tasting event, describing the place, time and products to be featured at the event;

7. A tasting event shall consist of only one category of samples at a time and there must be a two-hour interval between tasting events on any licensed premises. The categories for tasting events are: malt alcoholic beverages, wine or distilled spirits;

8. In any one calendar day, servings of alcoholic beverages per person are limited to:

i. No more than four three-ounce samples of a particular malt alcoholic beverage; or

ii. No more than four one-and one-half ounce samples of wine; or

iii. No more than three one-half ounce samples of distilled spirits.

9. Tasting events and samplings may only be permitted on a retail distribution licensed premises between the hours of 9:00 A.M. and 10:00 P.M.;

10. Samples provided at tasting events and samplings shall not be offered to, or allowed to be consumed by, any person under the legal age for consuming alcoholic beverages or actually or apparently intoxicated persons;

11. Tasting events and samplings shall not be offered when the sale of alcoholic beverages is otherwise prohibited;

12. Tasting events may be advertised in any type of media, including, but not limited to, print, radio, television, Internet and signs, and these advertisements may include the date, time and location of the event, such as the name and address of the licensed premises and other information regarding the event;

13. For the purpose of tasting events and samplings on a plenary retail distribution licensed premises:

i. When a container is opened for the purpose of a tasting event or sampling, a form supplied by the Division identifying the brand, size and the date the container was opened must be completed by the licensee. This form must be maintained on the licensed premises and available for inspection;

ii. When a container is opened for the purpose of a tasting event or sampling, the container must be marked SAMPLE and with the date the container was opened, which coincides with the completed form; and

iii. Once a container is opened for the purpose of a tasting event or sampling, it cannot be returned to the supplier; and

14. A supplier, manufacturer, importer, wholesaler, solicitor or authorized representative licensed or permitted by the Division of Alcoholic Beverage Control may provide the licensee upon whose premises the tasting event will be held with permissible advertising and promotional materials for use at the event and permissible consumer novelties for distribution to consumers attending the event.

(d) For any violation of State statutes, Division regulations, or terms of any permit issued, the following will be imposed in connection with this subsection:

1. The liquor license will be subject to the imposition of suspensions starting five days for a first offense, 10 days for a second offense, and 15 days for a third offense; and

2. A fine not to exceed $ 500.00 for each offense.

(e) No licensee or permittee shall allow or permit the advertising, in any fashion, of the availability of any alcoholic beverages for purchase or sampling on a licensed premises by a non-licensed premises which permits consumption of alcoholic beverages pursuant to 2C:33-27.

(f) The Director may, on his or her own initiative or at the request of any affected industry member, investigate and, if appropriate, disapprove and prohibit the continued or renewed conduct of any tasting event or sampling or the participation of any licensee or permittee in tasting events or sampling, if the effect of that licensee's or permittee's participation or the tasting event or sampling is inconsistent with the purposes of this subchapter. Whether to disapprove and prohibit a tasting event or sampling, or the participation by a licensee or permittee therein, will be considered pursuant to 33:1-39 and/or N.J.A.C. 13:2-19.

N.J. Admin. Code § 13:2-37.1

Amended by R.2000 d.342, effective 8/21/2000.
See: 32 N.J.R. 1717(a), 32 N.J.R. 3162(a).
Rewrote (a)5.
Special amendment, R.2003 d.311, effective 7/3/2003 (to expire January 3, 2004).
See: 35 N.J.R. 3707(a).
In (a)7, substituted "$ 200.00" for "$ 100.00" throughout.
Adopted concurrent amendment, R.2003 d.470, effective 11/5/2003.
See: 35 N.J.R. 3707(a), 35 N.J.R. 5427(a).
Provisions of R.2003 d.311 adopted without change.
Amended by R.2005 d.302, effective 9/6/2005.
See: 36 N.J.R. 3988(a), 37 N.J.R. 3422(a).
Added new (a), recodified former (a) as (b); rewrote the section and added (d)-(f).
Amended by R.2011 d.234, effective 9/6/2011.
See: 43 N.J.R. 557(a), 43 N.J.R. 2354(a).
Section was "Consumer Alcohol Beverage Tasting Events and Samplings". Rewrote (a)1; added new (a)2; recodified former (a)2 as (a)3; and rewrote (a)3, (b) and (c).