On February 5, 2021, Governor Murphy signed P.L. 2021, c.15, requiring the Division of Alcoholic Beverage Control (the “ABC”)to establish a permit that would allow the holder of certain alcoholic beverage manufacturing licenses to sell their products at seasonal farm markets.
The new law allows permit holders to sell any of their products in sealed, original containers at a seasonal farm market for off-premises consumption, transport their products in sealed, original containers to and from a seasonal farm market, and offer samples to be consumed by persons of the legal age to consume alcoholic beverages in areas in the immediate vicinity of the alcoholic beverage vendor.
To implement this new law, the ABC issued SR 202101, “Special Ruling Establishing Daily and Annual Seasonal Farm Market Permits”, outlining permit application requirements and detailing the privileges provided by the permits.
Qualifying license holders looking to apply for either a daily or annual Seasonal Permit must submit an application through the POSSE ABC Online Licensing System. No paper applications will be permitted. Those seeking a daily permit must submit an application at least 14 days prior to the date on which they propose to attend the farm market. Applications for annual permits and their renewals must be submitted at least 14 days prior to the date on which the applicant propose to first attend the farm market.
The application must include the following:
- Name, Address and License Number of the applicant;
- Name and address of the location of the seasonal farm market;
- Certification by the applicant that the seasonal farm market at which it intends to attend meets the definition of “Seasonal Farm Market” In P.L 2021, c 15;
- For daily seasonal farm market permit only, the date(s) and hours when the applicant will be attending the seasonal farm market;
- Name, phone number, and email address of the seasonal farm market organizer/operator; and
- Upload the agreement or authorization between the applicant and the seasonal farm market organizer/operator allowing the applicant to attend the seasonal farm market.
The fee for a Daily Seasonal Farm Market Permit will be $25 and the fee for the Annual Seasonal Farm Market Permit will be $125. Both Daily and Annual permits became available for application on March 18, 2021.
Once a complete Seasonal Farm Market Permit application has been submitted in POSSE, the municipal clerk and police chief (or designee) of the host municipality will receive notice through POSSE of the application. The ABC may impose, whether at the request of the municipality or at its own discretion, special conditions on the permit if it is determined that they are necessary and proper for the protection of the public health, safety and welfare. The licenses is responsible for complying with all applicable local ordinances and site plan requirements.
Contact: Andrew LaFevre, Legislative Analyst, firstname.lastname@example.org, 609-695-3481 ext. 116