Senate Commerce Committee Statement to Senate, No. 2869 — State of New Jersey (March 11, 2021)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 2869, State of New Jersey, dated March 11, 2021, reporting the bill favorably with committee amendments. As amended, the bill creates a wine consultant permit for an employee or authorized representative of a licensee to give wine education and samples to consumers at least 21 years of age at private educational tasting events in a private residence or virtual tastings, and to solicit orders. Up to five one and one-half ounce samples may be poured per guest, and each event must be registered with the Division of Alcoholic Beverage Control at least three days before. The permit fee would be $50, the solicitor's permit fee would rise to $50, and a consultant who serves a person under 21 years of age would have the permit permanently revoked.

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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 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;

· 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.

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