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Quizzo nights, yoga classes at taprooms? New Jersey sets new rules for breweries.

The new rules still leave New Jersey’s small breweries far behind the times compared to many other states.

Somers Point Brewing Co. is among the more than 100 small breweries in New Jersey affected by new rules issued Tuesday by the New Jersey Division of Alcoholic Beverage Control.
Somers Point Brewing Co. is among the more than 100 small breweries in New Jersey affected by new rules issued Tuesday by the New Jersey Division of Alcoholic Beverage Control.Read moreSomers Point Brewing Co.

New Jersey regulators on Tuesday took a second crack at defining just how far the state’s more than 100 small brewers, some of which have become hubs of community activity on main streets throughout the state, are allowed to encroach on the highly regulated business of traditional bars and restaurants.

A previous attempt last September at regulating the state’s burgeoning small-brewery scene would have limited breweries to no more than 25 special events a year, including Quizzo nights or yoga classes, and prohibited them from displaying take-out menus from local restaurants. That was put on hold after wails of protest by small brewers.

The latest tweaks are meant to assuage concerns that taprooms are increasingly operating like regular bars and restaurants without having to deal with the burden of expensive liquor licenses.

The new regulations clarify what sorts of business limited breweries are allowed to conduct under 2012 changes to New Jersey’s liquor laws that allowed small brewers to sell draft pints for on-premises consumption for the first time. Since then, the number of small breweries in New Jersey has more than quadrupled to 109 from 25, according to the New Jersey Brewer’s Association, but the state still ranks 45th in breweries per capita.

The New Jersey Division of Alcoholic Beverage Control’s rules now exempt Quizzo nights and other similar events from the 25-event limit, unless they are promoted outside the taproom, including on social media. The rules allow brewers to display take-out menus, but prohibit collaborations with food trucks, a staple of taproom culture in Pennsylvania.

Still in place is the quirky requirement that taproom customers receive a tour of the brewery, usually self-guided, before drinking, but now that only has to happen once a year — as long as the brewery keeps track of of when each visitor last had a tour.

Jamie Queli, owner of Forgotten Boardwalk Brewing Co. in Cherry Hill and president of the Brewer’s Association, said the new rules are better than last fall’s proposals but are still based on a law that is out-of-step with the role small brewery taprooms have assumed in towns.

“Their interpretation of the intent of the law was that we were supposed to be a place where someone would come, have a drink, maybe two, get familiar with the brand, and then move on and buy our product outside of the tasting room," Queli said. "In actuality, in the industry overall across the entire country that’s not what’s going on. Taprooms are parts of communities now. They are ingrained into towns.”

James B. Graziano, acting director of the Division of Alcoholic Beverage Control, said in a news release: “The changes made are intended to help craft breweries promote their products and build their business while continuing to balance concerns of other licencees and ensuring compliance with state law.”

Regulators recognized in their 24-page special ruling that “some limited breweries desire to focus more on promoting on-premises consumption in their tasting rooms, rather than on creating products intended for widespread wholesaling.” In that case, brewers should get a different set of licenses, the ruling said.

Andrew D. Linden, an attorney in the Bridgewater, N.J., office of Norris McLaughlin P.A. who represents brewers and other alcoholic beverage manufacturers, said it’s good for brewers that routine events such as yoga classes won’t count as one of 25 special events, “but they have to be pretty particular about how they go about their advertising and stay within the parameters of the special ruling.”

In addition to 25 special events annually, such as showing live championship sporting events or live amplified music, brewers are allowed to host 25 “social affair” events for civic, religious, educational, or other similar purposes, and 52 private parties. Plus they can get permits to participate in 12 off-premises events, such as 5K races or holiday celebrations.

Diane Weiss, executive director of the New Jersey Licensed Beverage Association, said she was glad the regulations were finally out after limited breweries were allowed to operate without them for years. Weiss’ organization represents bars and restaurants, which operate under licenses that cost an average of $350,000 in private sales, she said. The cost of a limited brewery license ranges from $1,250 to $7,500, depending on the size.

“We’re not overly thrilled by the number of events that they are allowed to have,," Weiss said. "However, we do recognize that this was a compromise. When you have to compromise, I don’t think anyone is walking away from the table happy.”