A 5225 — Makes permanent temporary enactment allowing certain sale and delivery of alcoholic beverages and clarifies privileges.**

A5225 1R2R [First[Second Reprint] ASSEMBLY, No.

PETERPAUL District 11 (Monmouth) Assemblywoman  ROSAURA "ROSY" BAGOLIE District 27 (Essex and Passaic)   Co-Sponsored by:

Assemblywoman Brennan         SYNOPSIS      Makes permanent temporary enactment allowing certain sale and delivery of alcoholic beverages and clarifies privileges;privileges.

clarifies  thatCURRENT certainVERSION inactiveOF licensesTEXT may     notAs expire.reported by the Assembly Budget Committee on June 28, 2026, with amendments.

  CURRENT VERSION OF TEXT      As reported by the Assembly Oversight, Reform and Federal Relations Committee on June 15, 2026, with amendments.

            1.  (New section)  a.  The holder of a plenary retail consumption license, plenary retail consumption license used in connection with a hotel or motel, 2or2 seasonal retail consumption license issued pursuant to R.S.33:1-12,R.S.33:1-12 2[, or concessionaire permitpermit]2 shall be entitled to:

          (1)  sell on the licensed or permitted premises for consumption off the licensed or permitted premises any alcoholic beverages in original containers or in any other closed and sealed containers or any distilled alcoholic beverages mixed or blended with other alcoholic or nonalcoholic beveragesbeverages   inin closed and sealed containers;

and           (2)(2)   deliver,deliver, by common2[common carrier or otherwise,otherwise] the licensee or a licensed third party delivery service2, directly to the residence of a consumer within this State who is 21 years of age or older for consumption off the licensed or permitted premises any2[any alcoholic beverages in original containers or in any other closed and sealed containers oror]2 any distilled alcoholic beverages mixed or blended with other alcoholic or nonalcoholic beverages in closed and sealed containers.containers 2or malted beverages;

    provided,     however, b.    Containers in which alcoholic beverages areshall soldnot orbe delivered pursuant to this section shallin betheir affixed with a tamper-evident seal and may be of any size, except that containers, other than original containers,sealed in which any distilled alcoholic beverages mixed or blendedunsealed withcontainers otherexcept alcoholicfor ormalted nonalcoholicbeverages2. beverages are sold or delivered pursuant to this section shall have a maximum capacity of 16 fluid ounces.          2.  R.S.33:1-10 is amended to read as follows:

      b.   Containers in which alcoholic beverages are sold or delivered pursuant to this section shall be affixed with a tamper-evident seal and may be of any size, except that containers, other than original containers, in which any distilled alcoholic beverages mixed or blended with other alcoholic or nonalcoholic beverages are sold or delivered pursuant to this section shall have a maximum capacity of 16 fluid ounces.          2.  R.S.33:1-10 is amended to read as follows:

          Limited brewery license.  1b.  The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages in a quantity to be expressed in said license, dependent upon the following fees and not in excess of 300,000 barrels of 31 fluid gallons capacity per year and to sell and distribute this product to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse, provided, however, that the delivery of this product by the holder of this license to retailers licensed under this title shall be from inventory in a warehouse located in this State which is operated under a limited brewery license.  The holder of this license shall be entitled to sell this product at retail to consumers on the licensed premises of the brewery for consumption on the premises, or in a quantity of not more than 15.5 fluid gallons per person for consumption off the premises, and to offer samples for sampling purposes.  The holder of this license shall not be required to pay a fee to the division for the privilege of offering samples pursuant to this section.  If the holder of this license holds a bonded warehouse bottling license issued pursuant to subsection 5 of this section, product brewed in accordance with this subsection and transferred to a bonded warehouse for bottling and storage may be sold at retail and offered for sampling on the licensed premises of the brewery by the holder of this license.  The holder of this license shall not sell food or operate a restaurant on the licensed premises, but may coordinate with food vendors pursuant to section 1 of P.L.2023, c.290 (C.33:1-10b).  The holder of this license shall be entitled to engage in the privileges established pursuant to section 1 of P.L.2023, c.290 (C.33:1-10b).

      The2[The holder of this license shall be entitled to deliver the licensee’s products directly to the residence of a consumer within this State who is 21 years of age or older in original containers for personal consumption and not for resale.  A license holder shall transport alcoholic beverages pursuant to this subsection in a vehicle owned, operated, or otherwise used in connection with the licensed premises.

The license holder shall transport alcoholic beverages in a vehicle that displays a transit insignia issued pursuant to R.S.33:1-28.R.S.33:1-28.]2       The fee for this license shall be graduated as follows:

          Theto feeso forbrew thisnot licensemore shallthan be50,000 graduatedbarrels asof follows:31 liquid gallons capacity per annum, $1,250;

          to so brew not more than 50,000100,000 barrels of 31 liquidfluid gallons capacity per annum, $1,250;$2,500;

          to so brew not more than 100,000200,000 barrels of 31 fluid gallons capacity per annum, $2,500;$5,000;

          to so brew not more than 200,000300,000 barrels of 31 fluid gallons capacity per annum, $5,000;$7,500.

          toFor sothe brewpurposes of this subsection, "sampling" means the selling at a nominal charge or the gratuitous offering of an open container not moreexceeding thanfour 300,000ounces barrelsof any malt alcoholic beverage.  For the purposes of 31this fluidsubsection, gallons"product" capacitymeans perany annum,malt $7,500.alcoholic beverage that is produced on the premises licensed under this subsection.

          ForRestricted thebrewery purposeslicense.  1c.  The holder of this subsection,license "sampling"shall meansbe entitled, subject to rules and regulations, to brew any malt alcoholic beverages in a quantity to be expressed in such license not in excess of 300,000 barrels of 31 gallons capacity per year.  Notwithstanding the sellingprovisions atof R.S.33:1-26, the director shall issue a nominalrestricted chargebrewery license only to a person or an entity which has identical ownership to an entity which holds a plenary retail consumption license issued pursuant to R.S.33:1-12, provided that such plenary retail consumption license is operated in conjunction with a restaurant regularly and principally used for the gratuitouspurpose offeringof providing meals to its customers and having adequate kitchen and dining room facilities and that the licensed restaurant premises is immediately adjoining the premises licensed under this subsection.  The holder of anthis openlicense containershall notbe exceedingentitled fourto ouncessell or deliver the product to that restaurant premises.  The holder of this license also shall be entitled to sell and distribute the product to wholesalers and retailers licensed in accordance with this chapter and to sell and distribute without this State to any maltpersons alcoholicpursuant beverage. to Forthe laws of those places of such sale and distribution and to maintain a warehouse, provided, however, that the purposesdelivery of this subsection,product "product"by meansthe anyholder of this license to retailers licensed under this title shall be from inventory in a warehouse located in this State which is operated under a restricted brewery license.  The amount of malt alcoholic beveragebeverages that ismay producedbe sold and distributed directly to retailers pursuant to this subsection on an annual basis shall be not more than 50 percent of the premisesproduct manufactured in that year by the holder of this license.  The fee for this license shall be $1,250, which fee shall entitle the holder to brew up to 1,000 barrels of 31 liquid gallons per annum.  The licensee also shall pay an additional $250 for every additional 1,000 barrels of 31 fluid gallons produced.  The fee shall be paid at the time of application for the license, and additional payments based on barrels produced shall be paid within 60 days following the expiration of the license term upon certification by the licensee of the actual gallons brewed during the license term.  No more than 10 restricted brewery licenses shall be issued to a person or entity which holds an interest in a plenary retail consumption license.  If the governing body of the municipality in which the licensed underpremises will be located should file a written objection, the director shall hold a hearing and may issue the license only if the director finds that the issuance of the license will not be contrary to the public interest.  All fees related to the issuance of both licenses shall be paid in accordance with statutory law.  The provisions of this subsection shall not be construed to limit or restrict the rights and privileges granted by the plenary retail consumption license held by the holder of the restricted brewery license issued pursuant to this subsection.

          Restricted brewery license.  1c.  The holder of this license shall be entitled,entitled subject to rulesoffer andsamples regulations, to brew any malt alcoholic beverages in a quantity to be expressed in such license not in excess of 300,000its barrelsproduct offor 31promotional gallonspurposes capacityat percharitable year.  Notwithstanding the provisions of R.S.33:1-26, the director shall issue a restricted brewery license only to a person or ancivic entityevents whichoff has identical ownership to an entity which holds a plenary retail consumption license issued pursuant to R.S.33:1-12, provided that such plenary retail consumption license is operated in conjunction with a restaurant regularly and principally used for the purpose of providing meals to its customers and having adequate kitchen and dining room facilities and that the licensed restaurant premises is immediately adjoining the premises licensed under this subsection.  The holder of this license shall be entitled to sell or deliver the product to that restaurant premises.  The holder of this license also shall be entitled to sell and distribute the product to wholesalers and retailers licensed in accordance with this chapter and to sell and distribute without this State to any persons pursuant to the laws of those places of such sale and distribution and to maintain a warehouse, provided, however, that the delivery of this product by the holder of this license to retailers licensed under this title shall be from inventory in a warehouse located in this State which is operated under a restricted brewery license.  The amount of malt alcoholic beverages that may be sold and distributed directly to retailers pursuant to this subsection on an annual basispermit shall be not more than 50 percent of the product manufactured in that year by the holder of this license.  The fee for this license shall be $1,250, which fee shall entitle the holder to brew up to 1,000 barrels of 31 liquid gallons per annum.  The licensee also shall pay an additional $250 for every additional 1,000 barrels of 31 fluid gallons produced.  The fee shall be paid at the time of application for the license, and additional payments based on barrels produced shall be paid within 60 days following the expiration of the license term upon certification by the licensee of the actual gallons brewed during the license term.  No more than 10 restricted brewery licenses shall be issued to a person or entity which holds an interest in a plenary retail consumption license.  If the governing body of the municipality in which the licensed premises will be located should file a written objection, the director shall hold a hearing and may issue the license only if the director finds that the issuance of the license will not be contrary to the public interest.  All fees related to the issuance of both licenses shall be paid in accordance with statutory law.  The provisions of this subsection shall not be construed to limit or restrict the rights and privileges granted by the plenarydirector. retail consumption license held by the holder of the restricted brewery license issued pursuant to this subsection.

          TheFor holderthe purposes of this licensesubsection, shall"sampling" bemeans entitledthe toselling offerat samplesa nominal charge or the gratuitous offering of itsan productopen forcontainer promotionalnot purposesexceeding atfour charitableounces orof civicany eventsmalt offalcoholic beverage product.  For the licensedpurposes premisesof pursuantthis tosubsection, an"product" annualmeans permitany issuedmalt byalcoholic beverage that is produced on the director.premises licensed under this subsection.

          ForFarm thebrewery purposeslicense.  1d.  The holder of this subsection,license "sampling"shall meansbe theentitled, sellingsubject atto rules and regulations, to brew any malt alcoholic beverages in a nominalquantity chargeto orbe expressed in the gratuitouslicense offeringnot in excess of an2,500 openbarrels containerof not31 exceedingfluid fourgallons ouncesper ofyear anyand to sell products to consumers for consumption off the licensed premises and to offer samples for sampling purposes only.  The license shall be issued only when the brewery at which such malt alcoholic beveragebeverages product. are Forbrewed is located and constructed upon a tract of land exclusively under the purposescontrol of thisthe subsection,licensee, "product"the meanslicensee anyis actively engaged in farming on or adjacent to the brewery premises, and the malt alcoholic beveragebeverages thatare issubstantially produced from hops or other ingredients grown or cultivated on thethat premisestract of land.  The holder of this license shall not sell or offer food for consumption on the licensed underpremises.        The fee for this subsection.license shall be graduated as follows:

     Farm brewery license.  1d.  The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages in a quantity to be expressed in the license not in excess of 2,500 barrels of 31 fluid gallons per year and to sell products to consumers for consumption off the licensed premises and to offer samples for sampling purposes only.  The license shall be issued only when the brewery at which such malt alcoholic beverages are brewed is located and constructed upon a tract of land exclusively under the control of the licensee, the licensee is actively engaged in farming on or adjacent to the brewery premises, and the malt alcoholic beverages are substantially produced from hops or other ingredients grown or cultivated on that tract of land.  The holder of this license shall not sell or offer food for consumption on the licensed premises.       The fee for this license shall be graduated as follows:

          For purposes of this subsection, "sampling" means the selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one-half ounces of a malt alcoholic beverage.

          Plenary winery license.  2a.  Provided that the holder is engaged in growing and cultivating grapes or fruit used in the production of wine on at least three acres on, or adjacent to, the winery premises, except as otherwise provided in this subsection for certain alternating proprietorship agreements, the holder of this license shall be entitled, subject to rules and regulations, to produce any fermented wines, and to blend, fortify, and treat wines, and to sell and distribute his products to wholesalers licensed in accordance with this chapter and to churches for religious purposes, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse, and to sell his products at retail to consumers on the licensed premises of the winery for consumption on or off the premises and to offer samples for sampling purposes only.  The fee for this license shall be $938.  A holder of this license who produces not more than 250,000 gallons per year shall also have the right to sell and distribute his products to retailers licensed in accordance with this chapter, except that the holder of this license shall not use a common carrier for such distribution.  The fee for this additional privilege shall be graduated as follows:

a licensee who manufactures 50,000 gallons or less per annum, $100.  A holder of this license who produces not more than 250,000 gallons per year shall have the right to sell such wine at retail in original packages in 15 salesrooms apart from the winery premises for consumption on or off the premises and for sampling purposes for consumption on the premises, at a fee of $250 for each salesroom.  Licensees shall not jointly control and operate salesrooms.        The2[The holder of this license who produces not more than 250,000 gallons per year shall be entitled to deliver the licensee’s products directly to the residence of a consumer within this State who is 21 years of age or older in original containers for personal consumption and not for resale.  A license holder shall transport alcoholic beverages pursuant to this subsection in a vehicle owned, operated, or otherwise used in connection with the licensed premises.

The license holder shall transport alcoholic beverages in a vehicle that displays a transit insignia issued pursuant to R.S.33:1-28.R.S.33:1-28.]2       Additionally, the holder of this license who produces not more than 250,000 gallons per year may ship not more than 12 cases of wine per year, subject to regulation, to any person within or without this State over 21 years of age for personal consumption and not for resale.  A case of wine shall not exceed a maximum of nine liters.  A copy of the original invoice shall be available for inspection by persons authorized to enforce the alcoholic beverage laws of this State for a minimum period of three years at the licensed premises of the winery.  For the purposes of this subsection, "sampling" means the selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one-half ounces of any wine.

      Additionally,A the holder of this license who produces not more than 250,000 gallons per year mayshall ship not moreown, thaneither 12in caseswhole ofor winein perpart, year,or subjecthold, toeither regulation,directly to any person within or withoutindirectly, thisany Stateinterest overin 21a yearswinery ofthat ageproduces formore personalthan consumption250,000 andgallons notper foryear.  resale. In Aaddition, case of wine shall not exceed a maximumholder of nine liters.  A copy of the original invoice shall be available for inspection by persons authorized to enforce the alcoholic beverage laws of this Statelicense forwho aproduces minimummore periodthan of250,000 threegallons yearsper atyear theshall licensednot premisesown, ofeither thein winery. whole Foror thein purposespart, ofor thishold, subsection,either "sampling"directly means the selling at a nominal charge or theindirectly, gratuitousany offeringinterest ofin ana openwinery containerthat produces not exceedingmore onethan and250,000 one-halfgallons ouncesper ofyear. any wine.

          AAn applicant for a plenary winery license or the holder of thisa licenseplenary whowinery produceslicense notmay moreapply thanto 250,000the gallonsdirector perfor yearapproval shallto notenter own,into eitheran inagreement wholewith ora inhost part,New orJersey hold,winery eitherto directlyuse orthe indirectly,host's anyequipment interestand space in aan wineryalternating thatproprietorship producesfor moreproduction thanof 250,000wine, gallonsprovided perthat year. the Inapplicant addition,or a holder has obtained approval of thisthe licenseproposed whoalternating producesproprietorship morearrangement thanfrom 250,000the gallonsAlcohol perand yearTobacco Tax and Trade Bureau.  The director shall approve the agreement if the director determines that the Alcohol and Tobacco Tax and Trade Bureau has approved the agreement and the agreement does not own,violate eitherany inapplicable wholeNew orJersey inalcohol part,licensing orand hold,taxation eitherlaws directlyand related regulations or indirectly,special anyrulings interestof inthe adirector.  wineryThe thatdirector producesshall notapprove moreor deny the application no later than 250,000180 gallonsdays perafter year.receipt of the application, unless the applicant agrees to an extension.

          An applicant for a plenary winery license orwho thealso holderapplies of a plenary winery license may apply to the director for approval to enter into an agreement with a host New Jersey winery to use the host's equipment and space in an alternating proprietorship foragreement productionpursuant ofto wine,this providedsubsection thatshall, theupon applicant or holder has obtained approval ofby the proposed alternating proprietorship arrangement from the Alcohol and Tobacco Tax and Trade Bureau.  The director shallof approveboth theapplications, agreementbe ifpermitted theto directorgrow determines that the Alcohol and Tobaccocultivate Taxgrapes andor Tradefruit Bureauused hasin approved the agreementproduction and the agreement does not violate any applicable New Jersey alcohol licensing and taxation laws and related regulations or special rulings of thewine director. on Theat directorleast shallthree approveacres orwithin denya thefive-mile applicationradius no later than 180 days after receipt of the application,host unlesswinery thepremises. applicant agrees to an extension.

          AnFor applicant for a plenary winery license who also applies to the directorpurposes toof enterthis intosubsection, an"product" alternatingmeans proprietorshipany agreementwine pursuantthat tois thisproduced, subsectionblended, shall,fortified, uponor approvaltreated by the directorlicensee ofon bothits applications,licensed bepremises permittedsituated toin growthe andState cultivateof grapesNew orJersey.  fruitFor used in the productionpurposes of winethis onsubsection, at"wine" leastshall threeinclude acres"hard withincider" aand five-mile"mead" radiusas ofdefined thein hostthis winerysection. premises.

          ForFarm winery license.  2b.  The holder of this license shall be entitled, subject to rules and regulations, to manufacture any fermented wines and fruit juices in a quantity to be expressed in said license, dependent upon the purposesfollowing fees and not in excess of 50,000 gallons per year and to sell and distribute his products to wholesalers and retailers licensed in accordance with this subsection,chapter "product"and meansto churches for religious purposes and to sell and distribute without this State to any winepersons thatpursuant isto produced,the blended,laws fortified,of the places of such sale and distribution, and to maintain a warehouse and to sell at retail to consumers for consumption on or treatedoff bythe licensed premises and to offer samples for sampling purposes only.  The license shall be issued only when the winery at which such fermented wines and fruit juices are manufactured is located and constructed upon a tract of land exclusively under the control of the licensee, provided that the licensee is actively engaged in growing and cultivating an area of not less than three acres on itsor licensedadjacent to the winery premises situatedand on which are growing grape vines or fruit to be processed into wine or fruit juice, except in the Statecase of Newcertain Jersey. alternating Forproprietorship theagreements, purposesas ofprovided in this subsection, "wine"and provided, further, that for the first five years of the operation of the winery, such fermented wines and fruit juices shall includebe "hardmanufactured cider"from at least 51 percent grapes or fruit grown in the State and "mead"that asthereafter definedthey shall be manufactured from grapes or fruit grown in this section.State at least to the extent required for labeling as "New Jersey Wine" under the applicable federal laws and regulations.  The containers of all wine sold to consumers by such licensee shall have affixed a label stating such information as shall be required by the rules and regulations of the Director of the Division of Alcoholic Beverage Control.  The fee for this license shall be graduated as follows:

     Farm winery license.  2b.  The holder of this license shall be entitled, subject to rules and regulations, to manufacture any fermented wines and fruit juices in a quantity to be expressed in said license, dependent upon the following fees and not in excess of 50,000 gallons per year and to sell and distribute his products to wholesalers and retailers licensed in accordance with this chapter and to churches for religious purposes and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse and to sell at retail to consumers for consumption on or off the licensed premises and to offer samples for sampling purposes only.  The license shall be issued only when the winery at which such fermented wines and fruit juices are manufactured is located and constructed upon a tract of land exclusively under the control of the licensee, provided that the licensee is actively engaged in growing and cultivating an area of not less than three acres on or adjacent to the winery premises and on which are growing grape vines or fruit to be processed into wine or fruit juice, except in the case of certain alternating proprietorship agreements, as provided in this subsection, and provided, further, that for the first five years of the operation of the winery, such fermented wines and fruit juices shall be manufactured from at least 51 percent grapes or fruit grown in the State and that thereafter they shall be manufactured from grapes or fruit grown in this State at least to the extent required for labeling as "New Jersey Wine" under the applicable federal laws and regulations.  The containers of all wine sold to consumers by such licensee shall have affixed a label stating such information as shall be required by the rules and regulations of the Director of the Division of Alcoholic Beverage Control.  The fee for this license shall be graduated as follows:

          The holder of this license shall also have the right to sell and distribute his products to retailers licensed in accordance with this chapter, except that the holder of this license shall not use a common carrier for such distribution.  The fee for this additional privilege shall be $100.  The holder of this license shall have the right to sell his products in original packages at retail to consumers in 15 salesrooms apart from the winery premises for consumption on or off the premises, and for sampling purposes for consumption on the premises, at a fee of $250 for each salesroom.  Licensees shall not jointly control and operate salesrooms.        The2[The holder of this license shall be entitled to deliver the licensee’s products directly to the residence of a consumer within this State who is 21 years of age or older in original containers for personal consumption and not for resale.  A license holder shall transport alcoholic beverages pursuant to this subsection in a vehicle owned, operated, or otherwise used in connection with the licensed premises.

The license holder shall transport alcoholic beverages in a vehicle that displays a transit insignia issued pursuant to R.S.33:1-28.R.S.33:1-28.]2       Additionally, the holder of this license may ship not more than 12 cases of wine per year, subject to regulation, to any person within or without this State over 21 years of age for personal consumption and not for resale.  A case of wine shall not exceed a maximum of nine liters.  A copy of the original invoice shall be available for inspection by persons authorized to enforce the alcoholic beverage laws of this State for a minimum period of three years at the licensed premises of the winery.  For the purposes of this subsection, "sampling" means the selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one-half ounces of any wine.

          Additionally,A the holder of this license maywho shipproduces not more than 12250,000 casesgallons of wine per year,year subject to regulation, to any person within or without this State over 21 years of age for personal consumption and not for resale.  A case of wine shall not exceedown, aeither maximumin ofwhole nineor liters. in Apart, copyor ofhold, theeither originaldirectly invoiceor shallindirectly, beany availableinterest forin inspection by persons authorized to enforce the alcoholic beverage laws of this State for a minimumwinery periodthat ofproduces threemore yearsthan at250,000 thegallons licensedper premisesyear. of the winery.  For the purposes of this subsection, "sampling" means the selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one-half ounces of any wine.

          AAn applicant for a farm winery license or the holder of thisa farm winery license whomay producesapply notto morethe thandirector 250,000for gallonsapproval perto yearenter shallinto notan own,agreement eitherwith ina wholehost orNew Jersey winery to use the host's equipment and space in part,an oralternating hold,proprietorship eitherfor directlyproduction of wine, provided that the applicant or indirectly,holder anyhas interestobtained inapproval aof winerythe proposed alternating proprietorship arrangement from the Alcohol and Tobacco Tax and Trade Bureau.  The director shall approve the agreement if the director determines that producesthe moreAlcohol and Tobacco Tax and Trade Bureau has approved the agreement and the agreement does not violate any applicable New Jersey alcohol licensing and taxation laws and related regulations or special rulings of the director.  The director shall approve or deny the application no later than 250,000180 gallonsdays perafter year.receipt of the application, unless the applicant agrees to an extension.

          An applicant for a farm winery license orwho thealso holderapplies of a farm winery license may apply to the director for approval to enter into an agreement with a host New Jersey winery to use the host's equipment and space in an alternating proprietorship foragreement productionpursuant ofto wine,this providedsubsection thatshall, theupon applicant or holder has obtained approval ofby the proposed alternating proprietorship arrangement from the Alcohol and Tobacco Tax and Trade Bureau.  The director shallof approveboth theapplications, agreementbe ifpermitted theto directorgrow determines that the Alcohol and Tobaccocultivate Taxgrapes andor Tradefruit Bureauused hasin approved the agreementproduction and the agreement does not violate any applicable New Jersey alcohol licensing and taxation laws and related regulations or special rulings of thewine director. on Theat directorleast shallthree approveacres orwithin denya thefive-mile applicationradius no later than 180 days after receipt of the application,host unlesswinery thepremises. applicant agrees to an extension.

          AnUnless applicantotherwise indicated, for a farm winery license who also applies to the directorpurposes toof enterthis intosubsection, anwith alternatingrespect proprietorship agreement pursuant to thisfarm subsectionwinery shall,licenses, upon"manufacture" approvalmeans by the directorvinification, ofaging, bothstorage, applications,blending, beclarification, permittedstabilization, to grow and cultivatebottling grapes or fruit used in the production of wine onor atjuice leastfrom threeNew acresJersey withinfruit ato five-milethe radiusextent ofrequired theby hostthis winerysubsection. premises.

          UnlessFor otherwise indicated, for the purposes of this subsection, with"wine" respectshall toinclude farm"hard winerycider" licenses, "manufacture" means the vinification, aging, storage, blending, clarification, stabilization, and bottling"mead" ofas winedefined orin juice from New Jersey fruit to the extent required by this subsection.section.