Legislation geared towards establishing a loan program for vineyard and winery capital expenses was released by the Assembly Commerce and Economic Development last month. The bill (A-4274) would direct the New Jersey Economic Development Authority (“EDA”), in consultation with the Department of Agriculture (“Department”), to create a loan program and application process for the purpose… Continue Reading
Congratulations to The Human Village Brewing Company, which opens on November 18th in Pitman, New Jersey. The Human Village Brewing Co. began as “the shared vision of Emily Barnes and Megan Myers,” who began brewing their own beers as a hobby until it grew into its own company. Ms. Barnes has a background in chemical… Continue Reading
Congratulations to The Eight & Sand Beer Co., which opened this month in Woodbury, New Jersey. The Eight & Sand Beer Co. was started by two friends to “build a more sustainable brewery” by using “environmentally friendly steam rather than direct fire burners to heat [their] 10 barrel brewhouse.” Eight & Sand plans to feature… Continue Reading
Stark & Stark Shareholder Dolores R. Kelley, Esq., with contributions from Associate Marshall T. Kizner, Esq., authored a chapter in the book Moonshiner to Craft Distillery, Leading Lawyers on the Business of Distilling (Inside the Minds™), which was published by Thomson Reuters. The chapter they authored, entitled “Ensuring Distillery Compliance Requires an Interdisciplinary Approach,” explains… Continue Reading
Since New Jersey’s Craft Distillery Law went into effect on December 1, 2013, several craft distilleries have opened in the State of New Jersey. This is the focus of a recent New York Times article, which details the stories behind three distilleries that have opened in New Jersey recently. Some of the most attractive features… Continue Reading
On October 25, 2014, Stark & Stark’s Beer & Spirits Group presented to local entrepreneurs “Legal Considerations for Start-Up Distillers in New Jersey” at Cooper River Distillers in Camden, New Jersey. Enacted in December of 2013, N.J.S.A. 33:1-10.3d allows for Craft Distillery Licenses to be issued in New Jersey. Marshall Kizner, co-chair of Stark &… Continue Reading
Rounding out the available manufacturers licenses available in New Jersey are the Rectifier and Blender License and the Bonded Warehouse Bottling License.
If you are considering venturing into the distillery business, in New Jersey, Pennsylvania, or any other state, it is important to know what the Federal Government’s rules, regulated through the Alcohol and Tobacco Tax and Trade Bureau (“TTB”), provide for the location, use of plants and production of distilled spirits. The following article highlight’s the TTB’s rules and regulations:
In a prior post, the Restricted Brewery License was reviewed. This license permits the operation of a “brew pub” on the licensed premises. In this respect, the brew pub may supply malt alcoholic beverages that it brews on premises for consumption in an adjoining restaurant that is operated regularly and principally for the purpose of providing meals to its customers and having kitchen and dining facilities. As previously discussed, the holder of a Restricted Brewery License may only produce up to 10,000 barrels for on-premises consumption or sale to licensed wholesalers, and this license may only be granted to a party that also owns a Plenary Retail Consumption License that is operated in conjunction with the above-referenced restaurant.
In an effort to level the playing field with winemakers and craft brewers, new legislation was proposed in the House of Representatives on February 25, 2014 that would greatly reduce the federal excise tax rate on craft distillers. Congressman Chris Gibson filed the bill. HR 4083, which is named the “Distillery Excise Tax Reform Act of 2014”.