33:5-1 Findings, declarations.
1. The Legislature finds and declares that:
a. It is of significant economic importance to the State of New Jersey and its residents that the State supports the future development, expansion, and continued success of New Jersey's burgeoning craft alcohol beverage industry in a myriad of ways, including direct financial support for industry-related research, development, and promotion activities positively impacting the operation and growth of New Jersey's limited brewery, restricted brewery, cidery, meadery, and craft distillery industries.
b. According to recent national industry statistics, New Jersey's craft beer industry is composed of hundreds of small and medium-sized businesses impacting the employment and livelihoods of over 8,000 individuals and their families statewide, equating to an over $1.35 billion annual economic impact in the State. New Jersey's growing craft beer industry of production breweries and brewpubs has become a tourist draw for both in-State and out-of-State visitors, positively impacting State revenue and the economic vitality of host communities and other local business in proximity to many New Jersey craft breweries.
c. The State's distilled spirits industry, which supports almost 56,000 jobs and generates nearly $4.7 billion in annual State economic activity, including to New Jersey's local communities and the State in taxes, has experienced noteworthy growth and increased financial investment in the State's local craft distillery sector in recent years, which has positively impacted the local communities where these businesses are situated and the State's tourism and hospitality industry as whole.
d. Small producers of New Jersey-produced hard cider and mead, which are contributing greater amounts of financial investment and tax revenue to the State and their local communities in recent years, are growing in consumer popularity nationwide, which entail supports the State's agricultural community and vendors through the purchase of New Jersey-sourced products such as apples, other produce, and local honey.
e. Travel and tourism is one of the largest employment sectors and highest revenue-generating industries in the State of New Jersey, a vibrant travel and tourism industry is vital to the overall economic well-being of New Jersey's citizens, and a robust craft alcohol beverage industry is crucial to promoting travel and tourism in this State.
f. As a result of the COVID-19 pandemic, there exists a heightened sense of fear and hesitancy in people to travel and experience tourism destinations, which has caused tremendous disruption throughout the State's travel and tourism industry, including travel and tourism to the State's craft alcohol beverage industries.
g. According to the 2021 report released by the Division of Travel and Tourism, the "Economic Impact of Tourism in New Jersey 2020," the number of people visiting the State dropped by 27 percent in 2020, from 116.2 million visitors in 2019 to 84.6 million visitors in 2020. Visitor spending also decreased sharply by 37 percent in 2020, from $46.4 billion in 2019 to $29.4 billion in 2020.
h. The success of the State's craft alcoholic beverage industry, in an international, ultra-competitive marketplace, necessitates dependable and consistent financial resources so that these industries may be collectively supported and promoted on both a domestic and global basis, and to help address evolving industry priorities related to technology innovations, economic and supply chain challenges, food and beverage science research, workforce training and availability issues, and destination marketing trends.
L.2021, c.438, s.1.
Structure New Jersey Revised Statutes
Title 33 - Intoxicating Liquors
Section 33:1-1.1 - Presumption as to fitness for beverage purposes and alcoholic content
Section 33:1-2 - License required, terms; personal use; brand registration; fees.
Section 33:1-3 - Alcoholic beverage control
Section 33:1-3.1 - Short title; findings, declarations
Section 33:1-4 - Appointment power of director
Section 33:1-4.1 - Use of funds collected as fees, penalties
Section 33:1-5.4 - Secretary to board of alcoholic beverage control
Section 33:1-6 - Only eligible persons to be appointed
Section 33:1-7 - Officers and employees not to be interested in liquor industry; acceptance of gifts
Section 33:1-8 - Form of official bonds; force and effect
Section 33:1-9 - Classes of licenses
Section 33:1-10 - Class A licenses; subdivisions; fees.
Section 33:1-10.1 - Taxes collected, paid.
Section 33:1-11 - Class B alcoholic licenses; subdivisions, classifications; fees.
Section 33:1-11.2 - Definitions
Section 33:1-11.4 - Inapplicability to foreigners who also hold Class A license
Section 33:1-11.5 - Revocation or suspension of license
Section 33:1-11.6 - Active use required for renewal; fee
Section 33:1-12 - Class C licenses; classifications; fees.
Section 33:1-12a - Posting of notice required.
Section 33:1-12c - Definitions relative to alcoholic beverage tastings and samplings.
Section 33:1-12.13 - Renewal licenses; new licenses
Section 33:1-12.14 - New retail licenses; limitation.
Section 33:1-12.15 - Municipalities under 1000, licenses in
Section 33:1-12.16 - Renewal or transfer of existing licenses
Section 33:1-12.19 - New license where licensee served in armed forces
Section 33:1-12.20 - Licensure of certain hotels, motels.
Section 33:1-12.20a - Licenses contingent on completion of construction; rights of holder
Section 33:1-12.21 - Municipal regulations limiting number of license, act is in addition to
Section 33:1-12.22 - Effective date
Section 33:1-12.23 - Sale and display for off-premises consumption
Section 33:1-12.25 - Hotel guests, sale and delivery to
Section 33:1-12.26 - Renewal of expired or expiring license, what is; new licenses
Section 33:1-12.27 - New limited retail distribution license; issuance
Section 33:1-12.28 - Renewal of existing limited retail distribution licenses
Section 33:1-12.31 - Acquisition of beneficial interest in more than two retail licenses prohibited
Section 33:1-12.32 - Alcoholic beverage licenses.
Section 33:1-12.34 - Membership in organization holding club license
Section 33:1-12.35 - Right to continue to hold, use and renew existing licenses
Section 33:1-12.36 - Corporate licenses
Section 33:1-12.37 - Violation; penalty
Section 33:1-12.38 - Rules and regulations
Section 33:1-12.39 - Active use required for renewal of Class C license; fee
Section 33:1-12.40 - Findings, declarations
Section 33:1-12.41 - Definitions
Section 33:1-12.42 - Plenary retail licensees required to complete educational program
Section 33:1-12.43 - Establishment of educational programs for plenary retail licensees
Section 33:1-12.44 - Educational program, scheduling, attendance, curriculum, fees
Section 33:1-12.46 - Completion of educational program required within nine months
Section 33:1-12.47 - Certificate of completion of educational program required for license renewal
Section 33:1-12.48 - Rules, regulations
Section 33:1-12.51 - Rules, regulations.
Section 33:1-12.53 - Letter of consent required.
Section 33:1-12.54 - Regulations.
Section 33:1-13 - Class D, transportation licenses; fees.
Section 33:1-14 - Class E licenses; subdivisions; fees.
Section 33:1-15 - Separate license for each warehouse, salesroom or office
Section 33:1-17 - Licensee to give bond; custody of bonds
Section 33:1-17.1 - Requirement of alcoholic beverage retail licensee clearance certificate
Section 33:1-18 - Director to administer issuance of certain licenses.
Section 33:1-19.1 - Issuance of new, additional licenses, publication of notice.
Section 33:1-19.2 - Issuance of license after publication of notice
Section 33:1-19.3 - Issuance to highest qualified bidder; public sale; qualifications
Section 33:1-19.6 - Inapplicability of act to powers of issuing authority; appeals
Section 33:1-19.7 - Plenary retail consumption license, nonprofit theater
Section 33:1-19.7 - Plenary retail consumption license, issuance to certain nonprofit corporations.
Section 33:1-19.8 - Issuance of retail consumption license to certain nonprofit corporations.
Section 33:1-20 - License to member of issuing authority issued only by director; additional fee
Section 33:1-22 - Appeal to director from action of issuing authority; fee; procedure
Section 33:1-23 - Enumeration of duties of commissioner
Section 33:1-23.1 - Regulation by Commissioner of sales in violation of fair trade contract
Section 33:1-24 - Duties of municipal authorities issuing licenses
Section 33:1-24.3 - Acquisition, sale of inactive plenary retail consumption licenses.
Section 33:1-24.4 - Municipal authority, open container area.
Section 33:1-25.2 - Nonprofit organization; use of name other than peace officer as licensee
Section 33:1-26 - License, terms, transfer; fee.
Section 33:1-26.1 - Peace officers; employment in business licensed to sell alcoholic beverages
Section 33:1-27 - Fee for issuance of license; exceptions
Section 33:1-28 - Transportation of alcoholic beverages by licensees
Section 33:1-28a - Special permit
Section 33:1-29 - Regulation of use of alcoholic beverages by druggists and hospitals; sales to
Section 33:1-31 - Suspension, revocation of license
Section 33:1-31.1 - Automatic suspension of license upon conviction of violation; effect of appeal
Section 33:1-31.2 - Application for removal of statutory disqualification; fee.
Section 33:1-32 - Conditions to issuance of license
Section 33:1-34 - Notice of change in facts set forth in application; corporations
Section 33:1-36 - Service of subpoenas
Section 33:1-38 - Commissioner to hear appeals; powers on appeal; execution of orders
Section 33:1-39 - Rules and regulations by commissioner; subjects covered
Section 33:1-39.1 - Reciprocal rules and regulations with other states
Section 33:1-39.2 - Regulation of sales to consumers
Section 33:1-40 - Municipal regulation of number of retail licenses, hours of sale, etc.
Section 33:1-40.3 - Sale of certain alcoholic beverages.
Section 33:1-41 - Appeal from limitation of number of retail licenses or hours of sale
Section 33:1-43 - Alcoholic beverage retailing restrictions
Section 33:1-43a - Limited right of wholesaler to acquire interest in corporation
Section 33:1-43.2 - Services, items, equipment, availability to retailers, conditions.
Section 33:1-45 - Municipal referendum on retail sales of all kinds of alcoholic beverages
Section 33:1-45.1 - Club license where vote was "No" in referendum; duration of act
Section 33:1-46.1 - Club license; authority to issue after municipal referendum
Section 33:1-46.2 - Special permits to golf and country clubs; license fee
Section 33:1-46.3 - Powers granted director cumulative
Section 33:1-47 - Municipal referendum on Sunday sales
Section 33:1-47.1 - Municipal referendum on hours of retail sales
Section 33:1-48 - Municipal boards certified to commissioner
Section 33:1-49 - Purchase of illicit beverage; misdemeanor
Section 33:1-50 - Manufacture, sale, possession, etc., in violation of chapter; misdemeanor
Section 33:1-51 - Other violations of chapter; misdemeanor
Section 33:1-52 - Aiding in violations; misdemeanor
Section 33:1-53 - Conviction of second offense
Section 33:1-54 - Violation upon leased premises; termination of lease; notice; summary proceedings
Section 33:1-55 - Maintenance of place where unlawful property is kept, manufactured or sold
Section 33:1-56 - Issuing search warrant; private dwellings
Section 33:1-57 - Prerequisites to issuance of search warrant; contents; service
Section 33:1-58 - Breaking and entry in execution of warrant
Section 33:1-59 - Service of warrant in nighttime
Section 33:1-60 - Execution and return of warrant; time limit
Section 33:1-61 - Receipt for and inventory of property seized
Section 33:1-62 - Return of illegally seized property
Section 33:1-63 - Resisting officer serving or executing search warrant; misdemeanor
Section 33:1-64 - Procuring search warrant without probable cause; misdemeanor
Section 33:1-65 - Search without warrant; misdemeanor
Section 33:1-67 - Solicitor's permit required; exceptions; issuance; fee; violations; penalty
Section 33:1-68 - Detention of evidence
Section 33:1-69 - Place of sale; determination
Section 33:1-71 - Officers to use diligence; arrests
Section 33:1-72 - Sale of warehouse receipts; license required; fee.
Section 33:1-73 - Intention and construction of law
Section 33:1-74 - Temporary permits; fees.
Section 33:1-76 - Sales within 200 feet of church or school prohibited; waiver; exceptions
Section 33:1-76.1 - Renewal or reissuance of club or Class B wholesale license granted on waiver
Section 33:1-77 - Defenses of sellers
Section 33:1-78 - Bottling without license; misdemeanor
Section 33:1-79 - Licensees to purchase and sell alcoholic beverages of certain manufacturers only
Section 33:1-80 - Issue of stamps, labels, etc.; fees
Section 33:1-81 - Misrepresenting age to induce sale or delivery to minor; disorderly person.
Section 33:1-81.1 - Hearing; attendance by parent or guardian; subpoena
Section 33:1-81.1a - Violations by parent, guardian; notification; fine.
Section 33:1-81.2 - Identification card; contents
Section 33:1-81.7 - Transfer of card; offense; penalty.
Section 33:1-81.8 - Alcoholic beverage licensee not relieved from liabilities by presentation
Section 33:1-85 - Retail licensees to sell or possess alcohol only pursuant to special permit
Section 33:1-86 - Punishment for violating section 33:1-85
Section 33:1-87 - Exemptions from provisions of act
Section 33:1-89 - Discrimination in price to retailers prohibited
Section 33:1-90 - Discounts, rebates or other allowances to retailers
Section 33:1-91 - Participation in unlawful transactions prohibited
Section 33:1-93 - Regulation of sales to retailers
Section 33:1-93.6 - Discrimination in sales to wholesalers
Section 33:1-93.7 - Refusal to sell; hearing; fee
Section 33:1-93.8 - Order to complete sale to wholesaler
Section 33:1-93.9 - Noncompliance with director's order
Section 33:1-93.10 - Rules and regulations
Section 33:1-93.12 - Short title.
Section 33:1-93.13 - Findings, declarations relative to malt alcoholic beverages.
Section 33:1-93.14 - Definitions relative to malt alcoholic beverages.
Section 33:1-93.15 - Contract, agreement between brewer and wholesaler.
Section 33:1-93.16 - Termination of contract, agreement by brewer, conditions.
Section 33:1-93.17 - Representation of brewer by wholesaler, standards.
Section 33:1-93.18 - Actions against brewer, remedies.
Section 33:1-93.19 - Nonseverability of act, application or not of Franchise Practices Act.
Section 33:1-94 - Retail regulations by municipalities to be governed by ordinance only
Section 33:1-96 - Licenses for new license terms deemed renewals
Section 33:1-97 - Special auction permit to nonprofit organization; fee, duration
Section 33:1-98 - Definitions relative to sales at seasonal farmers markets.
Section 33:1-99 - Definitions relative to alcoholic beverage licenses and certain retail stores.
Section 33:1-100 - Inapplicability of C.33:1-12.31.
Section 33:1-101 - Physical separation for area containing alcoholic beverages in retail food store.
Section 33:1-102 - "Brewery trail", identification, definition.
Section 33:2-2 - Stills not registered declared unlawful property
Section 33:2-3 - Seizure of unregistered stills; search warrant; arrest of offenders
Section 33:2-4 - Hearing by commissioner; notice
Section 33:2-5 - Forfeiture and sale of seized property; padlocking premises
Section 33:2-6 - Director's determination in form of order; review
Section 33:2-7 - Return of seized property; costs
Section 33:2-8 - Accounting for moneys
Section 33:2-9 - Violating padlocking order; misdemeanor
Section 33:2-10 - Failure to register still; misdemeanor
Section 33:2-11 - Unregistered stills in actual operation declared nuisance; destruction
Section 33:3-9 - Manufacture, sale, etc., of poisoned liquors; penalty
Section 33:4-1 - Commission created; purpose and powers
Section 33:5-1 - Findings, declarations.
Section 33:5-5 - Annual certification, taxable volume of beer, cider, mead, liquors sold.