A New Jersey Brewery is suing the state’s Alcohol Beverage Control (ABC) Board over what it says is an attack on small brewers.
Death of the Fox Brewing Company (119 Berkley Road, Clarksboro, N.J.) in East Greenwich Township filed the lawsuit in New Jersey’s Superior Court, claiming the state’s Limited Brewery Special Conditions that took effect this July severely restricted breweries’ ability to advertise events and grow their businesses.
On Facebook today, Death of the Fox Brewing Company’s post said, “YESSS!!! There is SO MUCH to celebrate about the growth of the craft brewing industry over the last 10 years in New Jersey!! BUT there is also MUCH WORK TO DO to send a very clear message to the ABC and Governor Phil Murphy to stop the absurd and destructive restrictions currently in place. Legislators seem to get it…WJU doesn’t our Governor? He still hasn’t said one word in 3 months since the conditions were enacted…and won’t even acknowledge the success and 10-year anniversary of brewing in NJ! Why?”
The rules are intended to protect restaurants, bars, grocers, and liquor stores from the competition.
The ABC Board contends the new rules are designed to protect alcohol interests in the state.
The Limited Brewery Special Conditions was adopted in May 2019 and included special conditions for New Jersey breweries, such as requiring patrons to participate in a tour before on-site consumption. Breweries must also maintain proof that a patron has taken a tour at the brewery within the calendar year.
Other conditions include:
• No more than 25 on-premises special events per year, such as trivia, live music, and yoga.
• A maximum of 52 private parties per year, such as weddings, birthday parties, or similar functions.
• Breweries can’t sell food except for pre-packaged crackers, nuts, and chips.
• Breweries may not coordinate with food vendors to operate on the licensed premises.
• May not offer either free drinks “as a gesture of goodwill” or discounted drinks.
• May not brew or sell coffee or may not sell any soda that is not produced at the brewery.
The unique conditions also limit the number of televisions in the brewery and other restrictions.
The brewery says it is New Jersey’s only craft brewery and coffee roaster.
Death of the Fox took to Facebook and other social media channels last week to draw attention to what it calls Draconian practices by the New Jersey ABC Board.
Death of the Fox Brewery is suing to protect all breweries, saying that since the legislation passed, the business has suffered financially.
According to the Pacific Legal Foundation, the rules were enacted without proper process.
It will be interesting to see how Death of the Fox Brewery’s suit is resolved versus New Jersey’s ABC Division.
Here’s the link for Pacific Legal Foundation’s explanation of why it represents Death of the Fox Brewing Company at no charge. The Legal Foundation says many of the board’s restrictions violate the brewery owners’ constitutional rights.
We’ll be watching.
Cheers!
