Title 33, INTOXICATING LIQUORS

33:1-93.13 Findings, declarations relative to malt alcoholic beverages. 2. The Legislature finds and declares that: a. The distribution and sale of malt alcoholic beverages in this State vitally affects the general economy and revenues of the State, as well as the public interest…

33:1-93.14 Definitions relative to malt alcoholic beverages. 3. As used in sections 1 through 9 of this act: "Base product" is a malt alcoholic beverage product distributed by a wholesaler. "Brand extension" means any malt alcoholic beverage product offered for sale in the State,…

33:1-93.15 Contract, agreement between brewer and wholesaler. 4. a. Every brewer shall contract and agree in writing with a wholesaler for all supply, distribution and sale of the products of the brewer in this State, and each contract shall provide and specify the rights and dut…

33:1-93.16 Termination of contract, agreement by brewer, conditions. 5. Notwithstanding the provisions of paragraphs (1) through (3) of subsection c. of section 4 of this act, a brewer may immediately terminate a contract or agreement with a wholesaler, to the extent provided in …

33:1-93.17 Representation of brewer by wholesaler, standards. 6. During the term of a contract or agreement between a brewer and a wholesaler subject to this act, the wholesaler shall, in accordance with the reasonable standards of such contract or agreement, as reasonably relied…

33:1-93.18 Actions against brewer, remedies. 7. a. Any brewer or wholesaler may bring an action against a brewer for violation of this act, or against a successor brewer in connection with a termination pursuant to paragraph (1) of subsection d. of section 4 of this act, in the S…

33:1-93.19 Nonseverability of act, application or not of Franchise Practices Act. 8. If any material provision within any section of this act is held invalid, the remainder of this act and the act as a whole shall be held invalid; provided that if the application of any material …

33:1-93.20 Justification for input by brewer into operations of wholesaler; conditions, terms. 9. The Legislature finds that where a brewer's products represent more than 20% of a wholesaler's gross sales and the brewer and wholesaler have a community of interest in the marketing…

33:1-93.6. Discrimination in sales to wholesalers There shall be no discrimination in the sale of any nationally advertised brand of alcoholic beverage other than malt alcoholic beverage, by importers, blenders, distillers, rectifiers and wineries, to duly licensed wholesalers of…

33:1-93.7. Refusal to sell; hearing; fee 2. In the event any such importer, blender, distiller, rectifier or winery shall refuse to sell alcoholic beverages, other than malt alcoholic beverages, to any such individual wholesaler or comply with the provisions of this act, then the…

33:1-93.8. Order to complete sale to wholesaler If the director shall determine that said refusal to sell is discriminatory and shall be satisfied with the ability of the wholesaler to pay for such merchandise as ordered, he shall order the importer, blender, distiller, rectifier…

33:1-93.9. Noncompliance with director's order In the event said importer, blender, distiller, rectifier or winery refuses to complete said sale or to comply with the terms of the director's order, the director shall issue an order to every licensed wholesaler prohibiting purchas…

33:1-94. Retail regulations by municipalities to be governed by ordinance only No regulation concerning the sale, transportation, delivery, serving, mixing, distribution, storing or possession of alcoholic beverages at retail, or the conduct of any business licensed to sell alcoh…

33:1-96. Licenses for new license terms deemed renewals Any license for a new license term, which is issued to replace a license which expired on the last day of the license term which immediately preceded the commencement of said new license term or which is issued to replace a …

33:1-97. Special auction permit to nonprofit organization; fee, duration 1. a. The director may issue a special auction permit to any nonprofit organization operating solely for civic, religious, educational, charitable, fraternal, social or recreational purposes. The fee for the…

33:1-98 Definitions relative to sales at seasonal farmers markets. 9. a. As used in this section: "Roadside farm stand" means a location owned by a single farmer or producer at which the farmer or producer sells agricultural products only from the farmer's or producer's farm dire…

33:1-99 Definitions relative to alcoholic beverage licenses and certain retail stores. 1. a. For the purposes of this act: "Retail food store" means any retail establishment where groceries and other foodstuffs are regularly and customarily sold in a bona fide manner for off-prem…

33:2-1. Stills and distilling apparatus registered with commissioner; powers of commissioner; definitions Every person having in his possession or custody or under his control any still or any distilling apparatus set up, dismantled or in the process of construction or parts ther…

33:2-10. Failure to register still; misdemeanor Any person who shall have in his possession or custody or under his control any still or distilling apparatus set up, dismantled, or in the process of construction, or parts thereof without having registered same in accordance with …

33:2-11. Unregistered stills in actual operation declared nuisance; destruction Any still not registered pursuant to this chapter in actual operation in the manufacture of illicit beverages or set up for such purpose, is hereby declared to be a nuisance per se and such still, par…

33:2-2. Stills not registered declared unlawful property Any such still or distilling apparatus or parts thereof not registered pursuant to section 33:2-1 of this title, together with all articles, implements or paraphernalia used or adaptable for use in connection therewith and …

33:2-3. Seizure of unregistered stills; search warrant; arrest of offenders Any officer knowing or having reasonable cause to believe that any still or distilling apparatus or any parts thereof constitute such unlawful property, it shall be his duty to investigate, under proper s…

33:2-4. Hearing by commissioner; notice When any property is seized pursuant to section 33:2-3 of this title, the commissioner within fifteen days of such seizure shall cause to be posted at the place of seizure a notice that a hearing will be held by the commissioner at a place …

33:2-5. Forfeiture and sale of seized property; padlocking premises If after such hearing the commissioner determines that the seized property constitutes such unlawful property he shall declare such property forfeited and may, in his discretion, order that the seized property, i…

33:2-6. Director's determination in form of order; review The determination of the director shall be in the form of an order which shall be subject to review by the Superior Court by a proceeding in lieu of prerogative writ. Amended by L.1953, c. 32, p. 582, s. 5, eff. March 19, …

33:2-7. Return of seized property; costs The commissioner, upon being satisfied that the seized property does not constitute unlawful property, shall return the same to the person or place from whom or which the same was taken. The commissioner, upon being satisfied that a person…

33:2-8. Accounting for moneys All moneys received by the commissioner under this chapter shall be accounted for as in the case of license fees.

33:2-9. Violating padlocking order; misdemeanor Any person who shall knowingly violate any order of the commissioner that a building or premises shall not be occupied or used for any purpose whatsoever shall be guilty of a misdemeanor, and punished by a fine of not less than one …

33:3-10. Sale, etc. of poisoned liquors causing serious injury or death; penalty; certain laws unaffected Any person, corporation, partnership or member of any association or any agent, servant or employee of any person, corporation, partnership or member of any association who s…

33:3-9. Manufacture, sale, etc., of poisoned liquors; penalty Any person, corporation, partnership or member of any association or any agent, servant or employee of any person, corporation, partnership or member of any association who shall manufacture, transport, possess, sell, …

33:4-1. Commission created; purpose and powers. 1. The Director of the Division of Alcoholic Beverage Control in the Department of Law and Public Safety, the Commissioner of Human Services, the Commissioner of Education, and the Commissioner of Health, are hereby constituted a co…

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 al…

33:5-2 Definitions. 2. As used in P.L.2021, c.438 (C.33:5-1 et seq.): "Account" means the New Jersey Brewery, Cidery, Meadery, and Distillery Industry Promotion Account established pursuant to section 2 of P.L.2021, c.438 (C.33:5-2). "Advisory council" means the New Jersey Brewer…

33:5-3 "New Jersey Brewery, Cidery, Meadery, and Distillery Industry Promotion Account" established; credit; research, development. 3. a. There is established in the Division of Travel and Tourism in the Department of State the "New Jersey Brewery, Cidery, Meadery, and Distillery…

33:5-4 "New Jersey Brewery, Cidery, Meadery, and Distillery Industry Advisory Council" established; membership criteria; duties. 4. a. There is established in the division the "New Jersey Brewery, Cidery, Meadery, and Distillery Industry Advisory Council," comprising seven member…

33:5-5 Annual certification, taxable volume of beer, cider, mead, liquors sold. 5. The Director of the Division of Taxation shall certify by March 1 annually to the advisory council the taxable volume of beer, cider, mead, and liquors sold by qualifying licensees during the prece…