Senate Commerce Committee Statement to Senate, No. 2869 with committee amendments (New Jersey, 2021)

Summary

Senate Commerce Committee Statement to Senate, No. 2869 with committee amendments, State of New Jersey, dated March 11, 2021, reporting Senate Bill No. 2869 favorably and with committee amendments. The statement says the bill as amended creates a wine consultant permit for educating consumers at least 21 years of age and soliciting orders for wines tasted at private educational tasting events or virtual tastings. It states that the application fee for a permit or permit renewal would be $50 and that the bill increases the solicitor's permit fee to $50. Among the committee amendments, it lists an increase in the wine consult permit fee from $25 to $50 and a provision allowing up to five one and one-half ounce samples of wine per guest.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     SENATE COMMERCE COMMITTEE

                     STATEMENT TO

                   SENATE, No. 2869
                    with committee amendments



 STATE OF NEW JERSEY
                     DATED: MARCH 11, 2021

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 2869.
    As amended, this bill creates a wine consultant permit for the
purposes of: (1) education of and sampling of wine directly by
consumers at least 21 years of age; and (2) soliciting orders for the sale
of wines tasted during a private educational tasting event at a private
residence or a virtual educational tasting held online.
    Under the bill, a wine consultant is defined as a person authorized
to describe and pour samples of wine to consumers attending private
educational tasting events and to hold virtual tasting events. A wine
consultant may be an authorized representative or employee of a
licensed supplier, manufacturer, importer, or wholesaler licensed or
permitted by the Division of Alcoholic Beverage Control. The bill
provides that a permit holder would be authorized to act on behalf of a
licensee, who would be named and designated in the permit. The bill
specifies that a permit establishes legal liability and responsibility on
the part of the licensee for any violation of Title 33 of the Revised
Statutes made by the permit holder while acting on behalf of the
licensee. Additionally, the bill provides that a permit only would be
issued to an eligible applicant, as defined in Title 33 and in accordance
with rules and regulations, and to specify that the holder of a
solicitor’s permit would be ineligible
    Under the bill, a private educational tasting event is defined as a
scheduled event hosted by a resident of New Jersey at a private
residence, at which up to five one and one-half ounce samples may be
provided per guest, and which is not to be open to the general public.
Such an event is invitation only, and the invitation is to be sent to
guests not less than 24 hours in advance. A virtual tasting event is
defined as a scheduled event at a private residence, at which samples
are discussed and orders are solicited online.
    The bill sets forth an application process and registration and
recordkeeping requirements for wine consultants. Under the bill, the
application fee for a permit or a permit renewal would be $50. The bill
also amends current law to increase the solicitor’s permit fee to $50. A
person with a wine consult permit would be required to apply for a
renewal annually. The bill requires a copy of the wine consultant
                                  2

permit to be kept in any vehicle transporting alcoholic beverages to or
from an educational event. Additionally, wine consultants or wineries
employing or contracting with wine consultants would be required to
electronically register each educational event with the director of the
Division of Alcoholic Beverage control at least three days prior to the
event.
    The bill also sets forth requirements for delivery, sale, and removal
of wine by wine consultants. Under the bill, a wine consultant would
not be permitted to offer a sample at a tasting event to any person
under the legal age for consuming alcoholic beverages or to an
intoxicated person. The permit of a wine consultant who serves or
allows to be served alcoholic beverages to a person under 21 years of
age would be permanently revoked.
    The bill provides that a wine consultant would not be permitted to
deliver or provide wine for sale during an educational event. All wine
used for educational events would be required to be purchased from a
licensed retailer or from a winery holding a valid direct shipping
license. Any unused wine in an open container remaining at the end of
the educational event would be disposed of or resealed in a tamper-
proof manner prior to the wine consultant leaving the premises.
    Finally the bill provides that a solicitor permit valid on the date of
enactment, or which expired after September 1, 2018 could be
converted to a wine consultant permit at the discretion of the director.

COMMITTEE AMENDMENTS:
  The committee amended the bill to:
   provide that the holder of a wine consultant permit would be
     allowed to pour up to five one and one-half ounce samples of
     wine per guest at an educational event. Under the bill as
     introduced, a permit holder was allowed to pour six samples
     per guest;
   remove the provision of the bill allowing permit holders to be
     independent contractors of a licensee. Under the amendments,
     a permit holder would be required to be an employee or
     authorized representative;
   clarify that a permit holder would be authorized to act on
     behalf of a licensee, who would be named and designated in
     the permit. As introduced, the bill did not require the permit to
     be linked to a specific licensee;
   provide that the permit establishes legal liability and
     responsibility on the part of the licensee for any violation of
     Title 33 of the Revised Statutes made by the permit holder
     while acting on behalf of the licensee;
   provide that a permit only would be issued to an eligible
     applicant, as defined in Title 33 and in accordance with rules
     and regulations, and to specify that the holder of a solicitor’s
     permit would be ineligible;
                             3

   increase the wine consult permit fee from $25 to $50 and
    amend current law to increase the solicitor’s permit fee from
    $15 or $25, depending on the type of licensee the permit holder
    represents, to $50 for all solicitor’s permit holders; and
   make technical changes to the bill.


File and source

File

2021-03-11_SCM_S2869_S1.pdf

Size

135,223 bytes

SHA-256

72f717642da304973cd67570e0b499b9fde5af33b99298dde91f363d8aa2613b

Our copy

2021-03-11_SCM_S2869_S1.pdf

Original

No public link identified.