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On May 28, 2019, the Division of Alcoholic Beverage Control (“ABC”) issued a new Special Ruling for New Jersey craft brewery licenses with changes that address concerns raised by the industry. The previous Special Ruling, which was quickly suspended six months ago after strong criticism, is now officially rescinded.

The ABC drafted the new Special Ruling after consulting with some industry leaders and other interested parties. Like the previous ruling, it aims to restrict NJ limited breweries from competing with bars and restaurants who hold licenses allowing full retail privileges. The changes in the new ruling, however, reflect key issues raised by breweries about their ability to promote and build their businesses.


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A new bill in New Jersey was introduced last week which would amend the 2012 law that established microbreweries in the state and governs their operations and restrictions.

This is the first attempt so far to legislatively address the craft brewing industry after a special ruling was issued by the New Jersey Division of Alcoholic Beverage Control (ABC) which implemented restrictions on events and other brewery operations. The ruling was suspended indefinitely only a week later after significant public backlash from both brewers and state government officials.


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The Brewers Association, the trade association representing small and independent American craft brewers, recently released 2016 data on U.S. craft brewing. Small and independent craft brewers represent 12.3 percent market share by volume of the overall beer industry, with more than 5,300 breweries operating during the year.

In 2016, craft brewers produced 24.6 million barrels. Retail dollar value was estimated at $23.5 billion, representing 21.9 percent market share. By adding 1.4 million barrels, craft brewer growth outpaced the 1.2 million barrels lost from the craft segment due to acquisitions by large brewing companies. Small and independent brewers continue to show steady growth. Microbreweries and brewpubs delivered 90 percent of the craft brewer growth.


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A Subordination Non-Disturbance and Attornment Agreement (an “SNDA”) is a document that is typically required by a lender for a landlord. Sometimes the lender will leave off the non-disturbance portion of the agreement, as the lender is only interested in the subordination and attornment. The subordination is the agreement of the tenant to subordinate its

On April 15, 2013, the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 (the “Act”) was amended imposing new requirements for farmland assessment beginning in tax year 2015 The Act provides for property tax exemptions up to 98% for a landowner that uses the property for farming and meets the eligibility requirements of the Act.
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A Shareholder Agreement, sometimes referred to as a Buy-Sell Agreement, can be a helpful tool in the structuring and governance of a closely held corporation. Unlike publicly traded and large corporations, closely held corporations have only a few shareholders, which in some cases are friends or members of the same family. Although in an ideal world shareholders of a closely held business get along, especially when friends and family, it is important for the Shareholders to execute a Shareholder Agreement. The Shareholder Agreement can protect the individual interests of the shareholders, which may not always be aligned, and prevent an unnecessary dissolution of the Corporation over a shareholder dispute.
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When an organization is referred to as exempt from income tax by the Internal Revenue Service, it is typically assumed that the organization is a 501(c)(3) charitable organization. Organizations that are exempt pursuant to Section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals. Some examples of charitable organizations are those organizations that provide relief to the poor, distressed or underprivileged; defend human and civil rights; and seek to combat community deterioration or juvenile delinquency.
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A renewal option contained in a lease agreement can be a vital provision for the success of a business owner. When negotiating a commercial lease, it is essential that a tenant take into consideration various factors when determining the term of the lease such as the nature of the business, the rent amount and the length of time the business has been operating.
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A renewal option contained in a lease agreement can be a vital provision for the success of a business owner. When negotiating a commercial lease, it is essential that a tenant take into consideration various factors when determining the term of the lease such as the nature of the business, the rent amount and the length of time the business has been operating. Perhaps the most important factor to consider is the location of the leased premises, which will invariably dictate whether the lease is long term or short term.
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