New Jersey brewing laws and new legislation

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nostalgia

nostalgia

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I have been looking into brewing laws in NJ for some time now (original post).

Recently, bill A3063 has been introduced. It adds a Farm Brewery License to the mix, which provides for farms to sell malt beverages if they use what they grow. It does not, however, provide provision for any distribution. The beer would have to be bottled and sold for consumption off premises. There is a Facebook page supporting it here.

I think that's great, but it really doesn't help those of us looking to start a nano-brewery here in the state. So I took it a step further and have started sending emails to our state representatives. I drafted the letter below and have sent it out to sponsors of A3063 for starters. I'm going to get it out to the governor next, then anyone else who will listen.

You'll notice I included distilling licenses in there, as I think NJ really could use some good, legal, craft distillers. And I'd love to be the first :)

Dear Assemblyman/Assemblywoman,

I am writing in regard to ABC statutes. I recently learned of legislation A3063, adding the Farm Brewery License. This is a great and much-needed change. While it is in revision, I would like to propose that the Limited Brewery License (33:1-10 1b) and the Plenary Distillery License (33:1-10 3a) also be reviewed.

I am forming a business plan to open a brewery and/or distillery on a very small scale here in NJ. Nano-scale, or ‘boutique’, breweries and distilleries are opening in other states at an increasing rate. I believe a large reason we are not seeing this expansion here in NJ is the fact that the license fees are cost-prohibitive for a smaller venture, which will necessarily have a higher expense-to-profit ratio than a huge company.

For example, the Limited Brewery License 33:1-10 1b allows for 50,000 barrels/year of production and costs $1,250/year. A nano-brewery might only produce 100 barrels/year. The same license in NY (Articles 4:51 and 4:56) only costs $320/year: a quarter of the cost.

The Plenary Distillery License is much more shocking: 33:1-10 3a costs $12,500/year, which appears to be the smallest license available to distill spirits from grain. The same license in NY (Articles 5:61-1a and 5:66-1a) is $250/year, up to 35,000 gallons. That’s 50 times more in NJ.

A small business has little chance of recouping a $12,500/year fee, especially in the first few years when it’s most vulnerable to failure. To look at it a different way, a business can save $12,250/year just by relocating 50 miles to NY. With that in mind, it’s no wonder we have no micro-distilleries here.

I would love to open my business here in the state I live in and love. I feel that revising the fees and/or adding more tiers for small operations would help bring new business to the state and open up availability of hand-crafted spirits and malt beverages.

I look forward to hearing your thoughts on the matter.

Sincerely,

Joe Fisher
Click to expand...

I have wanted to get involved for some time now, but it just seemed too daunting a task. Turns out it's not so bad - I'm actually enjoying reading the laws - and if you want to get involved too, I hope this helps.

Links for your perusal:
NJ laws regarding alcohol production and distribution
NY Beer laws and fees
NY Liquor laws and fees
 
Just write in big font. TAX REVENUE without raising taxes, which the governor preaches.
 
just read the other thread but i'm still confused.... can you self distribute in NJ? i.e. brewery sells directly to retailer (liquor store or bar). i guess this would be a two tier system
 
Yes, under the Limited Brewery License you may self-distribute to bars or retail establishments that are properly licensed to sell to the public.

-Joe
 
nostalgia said:
You'll notice I included distilling licenses in there, as I think NJ really could use some good, legal, craft distillers. And I'd love to be the first :)
Click to expand...

Hate to burst your bubble but Laird and Company has been distilling in NJ since 1780. Actually they are the first commercial distillery in America with license #1.

http://www.lairdandcompany.com/index2.htm
 
Hey Joe,
Would it be appropriate to send a letter to assembly members other than the sponsors of the bill at this stage? I'm not too savvy on politics but I was thinking it might be good to also have a letter for those people letting them know that there are already people in support of the measure and also make them aware of the changes that we think should also be considered.
With that, it could also be a good idea to throw up a link where people can find out who there assembly person is.
 
As long as we're respectful, I don't see the harm in contacting any or all of our representatives in the government with our ideas. I'll be sure to add that link to my Facebook page.

In addition, since the A3063 bill is currently in the Budget and Appropriations committee, it might be good to contact the voting members with your opinions.

http://www.njleg.state.nj.us/committees/ShowCommittee.asp

-Joe
 
You may be right.

Today, Laird & Company is America’s sole remaining applejack producer. Never mind that the family obtains all its apples from orchards in Virginia’s Shenandoah Valley, where Laird & Company owns a distillery. “We stopped distilling here in 1972,” Dunn says. “At that point, Jersey orchards were well on their way to extinction, with only a few left, producing mainly juice.”
Click to expand...

Source.

-Joe
 
Since I am so freaking lazy and spend all day reading and writing, I have no desire to craft my own letter to these politicians. I would be more than willing to send out a "generic" letter to all those involved.
I know it says Beijing over there by my location, but I was born and raised in NJ and NJ is still my state of residence (although I don't have to pay any taxes to the state!!!)
Best of luck.
Lazy Beerspit.
 
hahaha at least you're honest :)

Well, if you like the content of my letter, I can try to generic-ify it for you.

-Joe
 
I just sent the following email to the voting members of the Budget and Appropriations committee, along with Stephen Sweeney, the Senate President.

As I said on my Facebook page, please feel free to use it for your own emails, but be sure to personalize it to your situation. Let them know how their voting impacts your life here in NJ. Also, instead of sending a mass email blast, address each individually for a more personal touch. Show that you care.

Dear Senator Sarlo,

I am writing to express my support of bill A3063/S2040. As a homebrewer looking to start a very small brewery, I am excited to see this bill, as it is a step towards supporting smaller businesses and farms in NJ. This support is something I feel NJ has needed for a long time. The new laws would allow a smaller operation to cover costs, thus requiring a smaller investment for a new business. It also encourages local brewers to use local ingredients, something I am strongly in favor of.

I hope you will vote Yes to this bill when the time comes. The spirit of entrepreneurship is alive in NJ, but the laws - aimed squarely at much larger businesses - are throttling our efforts. Bills like A3063/S2040 and A3969/S2870 are an exciting step in the right direction for small business in NJ.

Thank you for your time,

Joe Fisher
Click to expand...

Here are the Senators and their email addresses.

Sen. Stephen Sweeney, Sen. Pres.
[email protected]
Sarlo, Paul A. [email protected]
Stack, Brian P. [email protected]
Beach, James [email protected]
Bucco, Anthony R. [email protected]
Buono, Barbara [email protected]
Cunningham, Sandra B. [email protected]
Doherty, Michael J. [email protected]
Greenstein, Linda R. [email protected]
O'Toole, Kevin J. [email protected]
Oroho, Steven V. [email protected]
Pennacchio, Joseph [email protected]
Ruiz, M. Teresa [email protected]
Van Drew, Jeff [email protected]
 
Meh, I wouldn't worry too much about it if you're just expressing support for the bill(s), or suggestions for new legislation.

I sent mine in (just got it last week!) because I'm in the process of forming a business plan to actually start a brewery, so I'd like to show I at least made an effort to obey the laws :)

-Joe
 
My mother's running for assembly. As a write-in and she supports homebrewing as a part of self reliance. The American Way.
 
Thanks for posting Nostalgia. I have been trying to look all over the internet for the brew laws in NJ and some things were quite confusing. I am in central jersey and looking to one day open up my own macro-brewery. would like to start out small and work with local bars and restaurants to sell my product to. Just read an article in the ASN about 2 guys who opened up a macro in Long Island and have a brewery that produces 1000 barrels a year and they keep everything small to keep the "home brew" feel to the whole process. I hope to make this a reality for myself. I will be sure to go to your Facebook site and also take some information from this post as well to help us all out.
 

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