Q: Can a NJ establishment that holds a plenary retail consumption license and restricted brewery license ship to consumers?
I am in the process of purchasing a location that holds a plenary retail consumption license and restricted brewery license in NJ
I have a few quick questions I am hoping you can help me with to ensure compliance:
1) Will I be able to sell beer that is brewed by another brewery?
2) Will I be able to sell closed containers of beer (cans/bottles/growlers) for off premise consumption?
If the answer to 'question 1' is 'yes' can I sell closed containers of beer for off premise consumption by another brewery as well?
3) Can I ship closed containers of beer (our own beer brewed on-site and beer from another brewery):
direct-to-consumer
direct-to-wholesaler
And if so, what additional license is needed if any?
Thank you for your help.
A:
Plenary Retail Consumption License ("33")?
This license permits the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open container. The license also allows the sale of package goods for consumption off the licensed premises. These sales of package goods, however, may only take place from the principal public barroom, and the package goods may only be displayed for sale on the premises' perimeter walls or behind the bar, unless a floor plan was approved by the Director prior to the late 1970's and that floor plan is available for inspection. (N.J.A.C. 13:2-35.1, et seq .) When this license is granted, no other commercial activity may take place on the licensed premises except for certain activities such as the operation of a restaurant, hotel, or bowling establishment or the sale of snack or certain other items specifically mentioned in the statute. (N.J.S.A. 33:1-12.)
1. Yes.
2. Yes.
3. Yes, to a licensed distribution or retail network that would ultimately sell it to consumer.
This is an answer based on the little information provided. You need to get an attorney to have an in depth legal analysis of what is that you seek in your enterprise.
1 user found this answer helpful
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