The Intoxicating Liquors title of the New Jersey statutes provides licensing options for the smaller scale producer interested in producing malt alcoholic beverages, wine or distilled spirits.  Prior posts explored the Limited Brewery License and the Craft Distillery License, both of which are limited licenses available in the State.  Additionally, smaller scale producers or bottlers also have the option of applying for a Farm Winery License, a Limited Distillery License and a Supplementary Limited Distillery License.

The Farm Winery License permits its holder to manufacture, subject to applicable rules and regulations, fermented wines and fruit juices in a quantity not to exceed 50,000 gallons per year for sale and distribution to licensed wholesalers and retailers, churches for religious purposes and retail consumers on the licensed premises for consumption on or off premises.  In addition, the license permits offering samples for sampling purposes only.  This license may be issued only when the winery is located and constructed on a tract of land exclusively under the control of the licensee.  Further, the licensee must also be actively engaged in growing and cultivating in an area of at least 3 acres on or adjacent to the winery premises and on which are grape growing vines or fruit to be processed into wine or fruit juice.  In addition, the license requires that for the first 5 years of operation of the winery, the winery must produce fermented wines and fruit juices manufactured from at least 51% grapes or fruit grown in the State and thereafter from at least such percentage of fruit or grapes to permit the license holder to label the product as “New Jersey Wine” under Federal rules and regulations.  The fee for this license is graduated based on the total amount of production, ranging from $63 to $375.

The Limited Distillery License is available to those manufacturing and bottling any alcoholic beverages distilled from fruit juices.  The holder of this license may also rectify, blend, treat, mix and compound such spirits with wine or sweeten or flavor them to produce a cordial or liqueur.  The beverages produced under this license may only be sold to licensed wholesalers and retailers.  However, the cost of this license is only $3,750, significantly less than the license cost for a Plenary Distillery.

The holder of a Supplementary Limited Distillery License may, subject to applicable rules and regulations, bottle and rebottle, alcoholic beverages distilled from fruit juices by a holder of a prior Plenary or Limited Distillery License and sell and distribute such products to licensed wholesalers and retailers, and to maintain a warehouse.  The fees for this license are dependent on the quantity bottled and range from $313 to $1,250.

The above licenses are also further subject to State regulations and rules of the Division of Alcoholic Beverage Control as well as federal laws and regulations.

For more information on Stark & Stark’s Beer & Spirits group, please click here.