Gov. Phil Murphy has signed legislation expected to be a boon not only for New Jersey breweries but also for food services and musicians.
The legislation, signed by Murphy on Jan. 16, removed a requirement that breweries give guests tours, eliminated a prohibition on collaboration with restaurants for food service, and allows live and amplified music. Breweries had been regulated under a special ruling by the state Division of Alcoholic Beverage Control director in May 2019.
According to a press release from the governor’s office, the legislation will “ease a wide range of restrictions that have stifled breweries and distilleries, marking the first substantive overhaul of New Jersey’s antiquated liquor license laws since the aftermath of Prohibition.”
Breweries were previously prevented by ABC regulations from coordinating with restaurants for food service or even having food trucks visit their premises. There was also a ban on any amplified music. The new legislation, according to the governor’s press release, eliminates the long-standing burden that required these establishments to provide tours of the premises to patrons, while also allowing them to:
- Offer snacks and other nonalcoholic beverages;
- Collaborate with outside vendors including food trucks;
- Host unlimited on-site events and private parties, including birthdays, weddings, anniversaries and civic and political functions;
- Host up to 25 off-site special events; and
- Participate in up to 25 events hosted by the holder of a social affairs permit.
Sherry Sheldon, manager at the Cold Spring Brewery, said they are hopeful the new legislation will result in positive changes for the brewery. Sheldon said a loophole in the previous law allowed the brewery to have music, but it was not allowed to be amplified.
She said they were hampered from advertising music or other events because any event, even if mentioned on social media, counted against the 25 on-premises events they were allowed to host each year. The new legislation allows unlimited on-site events.
Eric Orlando, representing the Brewers Guild of New Jersey, said a lot of breweries came into the market thinking they would be able to use their facilities in a certain way and built tasting rooms to accommodate those plans. He said that in July 2022 the Legislature placed conditions on brewery licenses that put restrictions on uses and events.
“It drastically impacted the bottom line,” Orlando said.
Those breweries hosting music, trivia nights, yoga and so on were forced to stop.
“People had to pick and choose what made more financial sense because they had a limited number of times to host events,” he added.
Orlando said local breweries started booking music events within 24 to 72 hours of the governor’s signing the legislation.
Its impact, he said, will be felt beyond the breweries. Musicians will now be able to work during months when other venues are closed. He also said the breweries can coordinate with “the restaurant down the street” or with food trucks, which he said was specifically prohibited.
“It’s a huge difference allowing (customers) to buy and consume food,” Orlando said.
He said there are now fewer permits needed to operate breweries, and tours, which were once mandatory for having a tasting room, are no longer required. Orlando said the new legislation has made operating a brewery, day-to-day, a lot easier.
He said this had been a matter of discussion over the last 18 months, with brewers constantly talking about government restrictions on their operations. Now, he said, brewers have changed their tune, to a certain extent, and are speaking positively about the future.
“Around Cape May, the breweries look at what has happened in other parts of the state, and they see that they can now capture an audience by bringing in what they (previously) weren’t able to do because the state said no,” Orlando said.
He said there are currently about 140 to 150 breweries in the state, and most independent breweries produce fewer than 1,000 barrels per year. Cape May Brewing, he said, is at the point of brewing 10,000 to 20,000 barrels per year, and it distributes over a growing range. Most of the 140 to 150 breweries do not sell beer beyond the footprint of their tasting room, he said.
“Some distribute within their county or the state, but Cape May Brewing distributes outside the state – it’s a regional-size brewery,” he said.
Cold Spring Brewery and Behr Brewing are examples of typical breweries; they don’t produce thousands of barrels of beer, they perhaps distribute to local stores, they are not shipping their products on wholesalers’ trucks.
“That’s the model for many breweries in the state,” Orlando said.
He said some breweries used the loophole that allowed music if there was no mic and no amplification, but as soon as someone plugged in or posted a notice on social media they could be, at a minimum, told to stop.
Orlando said local musicians would not play the breweries because it was such a hassle. He said if a county truly has an off-season, as Cape May County does, it makes a “world of difference” if musicians can get off-season gigs when fewer people are traveling to the shore.
In addition, breweries will be able to host other events, including private parties.
Steve and Catherine Wilson opened Behr Brewing on Seashore Road in Lower Township on Feb. 2, 2022. Steve Wilson said they welcomed the change in the regulations.
“It eliminates the restrictions on how many events we can have. (Previously) if we wanted music we would have to register the event with the state. We can have food trucks now,” he said.
Wilson said Behr was a rather small brewery, and that limited what they could do under prior state regulations. He said they have now talked about the possibilities for attracting business to Behr Brewing – including having an outside beer garden.
He believes that the state’s opening up breweries to food service and music is helping everyone in the area.
Wilson earned his chops at Cape May Brewing, where he worked for four and a half years; he also ran an auto mechanics shop. Catherine, he said, was the bar manager at Lucky Bones. He said she bought him a home beer-brewing kit in 2010, and he started creating new recipes and adding more equipment.
He said his wife had essentially reached the limit of her potential at the restaurant, and they started to think about opening their own brewery. They got their approvals from the township and then had to wait on the county to approve plans. Then they had to deal with Covid restrictions.
Sheldon said Cold Spring Brewery, which is affiliated with Historic Cold Spring Village, is enjoying the easing on the limitations previously imposed on events.
“We now have an open mic every Friday and live music every Saturday,” she said.
Sheldon also referred to the prior ban on advertising events, saying the brewery had used the loophole to have live music, albeit without amplification.
“Last year, the last half of the year, everything was off the table. Now, everybody is going crazy having all these things,” she said, referring to trivia nights, Quizzo and Name That Tune, for example.
“We’re not doing that,” she said.
However, Sheldon said the brewery is excited to be able to advertise more events inside the building. Cold Spring Brewery is planning to have a soup cook-off on Sunday, Feb. 25, at 4 p.m., with both professional and home-cook divisions. She said the brewery is hopeful the music and other events will bring in more business and help fund the village.
As an aside, Sheldon said 90% of the brewery’s live Saturday performers have come from Friday’s open mic.
Contact the author, Christopher South, at csouth@cmcherald.com or 609-886-8600, ext. 128.
