Bill Text: NJ S154 | 2020-2021 | Regular Session | Introduced
Bill Title: Exempts wines approved for sale in certain other states from brand registration requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S154 Detail]
Download: New_Jersey-2020-S154-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
SYNOPSIS
Exempts wines approved for sale in certain other states from brand registration requirements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning wine brand registration and amending R.S.33:1-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.33:1-2 is amended to read as follows:
33:1-2. a. It shall be unlawful to manufacture, sell, possess with intent to sell, transport, warehouse, rectify, blend, treat, fortify, mix, process, bottle or distribute alcoholic beverages in this State, except pursuant to and within the terms of a license, or as otherwise expressly authorized, under this chapter; but any drink actually intended for immediate personal use may be mixed by any person. Except as hereinafter provided, a person may, without limitation, purchase any amount of alcoholic beverages intended in good faith to be used solely for personal use and may personally transport those alcoholic beverages so purchased for personal use in any vehicle from a point within this State. Alcoholic beverages intended in good faith solely for personal use may be transported, by the owner thereof, in a vehicle other than that of the holder of a transportation license, from a point outside this State to the extent of, not exceeding 1/4 barrel or one case containing not in excess of 12 quarts in all, of beer, ale or porter, and one gallon of wine and two quarts of other alcoholic beverages within any consecutive period of 24 hours; provided, however, that except pursuant to and within the terms of a license or permit issued by the director, no person shall transport into this State or receive from without this State into this State, alcoholic beverages where the alcoholic beverages are transported or received from a state which prohibits the transportation into that state of alcoholic beverages purchased or otherwise obtained in the State of New Jersey. If any person or persons desire to transport alcoholic beverages intended only for personal use in quantities in excess of those above-mentioned, an application may be made to the director who may, upon being satisfied of the good faith of the applicant, and upon payment of a fee of $25.00 issue a special permit limited by such conditions as the director may impose, authorizing the transportation of alcoholic beverages in quantities in excess of those above-mentioned.
b. A holder of a Class B license under R.S.33:1-11 shall not sell or deliver for sale in New Jersey any brand of alcoholic beverage for resale in this State unless the alcoholic beverage is acquired from the brand owner, or his authorized agent, or a wholesale licensee designated as the registered distributor by the brand owner, or his authorized agent.
c. No licensee shall
knowingly sell, offer for sale, deliver, receive or purchase, for resale in
this State, any alcoholic beverage,
including private label brands owned by a retailer and exclusive brands owned by a manufacturer or wholesaler and offered for sale or sold by such manufacturer or wholesaler exclusively to one New Jersey retailer or affiliated retailer, unless the brand owner or his authorized agent files with the Director of the Division of Alcoholic Beverage Control a brand registration schedule containing such information as the director shall by rule or regulation require. Each brand registration schedule must be renewed annually by January 1 of each year.
d. Each person who files a brand registration schedule and amendments thereto shall pay a filing fee of $23 per filing for each initial brand registration and annual renewal and $10 for each amendment. All wines shall be subject to the initial brand registration and annual renewal filings and fees, except that different vintages of the same wine shall not require separate brand registrations or renewals. However, any wine that is registered and approved for sale in the State of New York, the State of Connecticut, the State of Delaware, the Commonwealth of Pennsylvania, or 10 or more other states, shall be deemed registered and approved for sale by the director and shall not be subject to the initial brand registration and annual renewal filings and fees. Any registration may be suspended or revoked in the same manner as an alcoholic beverage license for any violation of Title 33 of the Revised Statutes and the rules and regulations promulgated thereto.
e. Nothing contained in this section shall be deemed to limit or modify the prohibition against discrimination in the sale of any nationally advertised brand of alcoholic beverages to currently authorized wholesalers as set forth in P.L.1966, c.59 (C.33:1-93.6 et seq.) nor shall this section be deemed to require the sale to anyone other than authorized retailers of private label brands which are owned by a retailer or exclusive brands which are owned by a manufacturer or wholesaler and offered for sale or sold by the manufacturer or wholesaler exclusively to one retailer or affiliated retailer, in this State.
f. No person shall sell, offer for sale, or deliver, receive or purchase for resale in this State, any product consisting of or containing powdered alcohol.
(cf: P.L.2015, c.137, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill exempts wines that are registered and approved for sale in certain other states from brand registration requirements.
Current law requires the brand
and trade name label of every
alcoholic beverage to be registered with, and annually renewed by, the Director of Alcoholic Beverage Control before its legal sale, delivery, or purchase in this State. The initial brand registration fee and annual renewal fee is $23 for each filing. Under current law, vintage wines are exempt from the annual renewal filings and fees.
The bill exempts certain wines, which are registered and approved for sale in certain other states, from brand registration filings and fees. Specifically, if a wine is registered and approved for sale in New York, Connecticut, Delaware, or Pennsylvania, or 10 or more other states, that wine would automatically be deemed registered and approved for sale in the State of New Jersey. Under this bill, the director may not require the brand owner of any wine that qualifies under this exemption to apply for an initial brand registration, annual brand renewals, or pay any fee thereof, prior to the legal sale of that wine in this State.
