Restrictions on Craft Breweries Leave Owners Tapped Out

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By Chris Rotolo

CHRISTIAN MONTE
Red Tank in Red Bank is one of the seven breweries in the Two River area – and one of approximately 140 statewide – that had restrictions placed on them July 1.

ATLANTIC HIGHLANDS – A piece of legislation introduced in 2018 by New Jersey’s Division of Alcoholic Beverage Control left craft brewing operators across the state feeling flat when sweeping constraints on their public interactions were instituted July 1.

The Garden State’s approximately 141 craft breweries – seven of which are located in the Two River area – received a stay of execution from the mandate during the height of the COVID-19 health crisis. The legislation, among other measures, severely limits the number of public and private events an enterprise can host or participate in.

Under the new law, breweries hosting regular weekly happenings – like live music performances or trivia nights – are now restricted to just 25 public events on site each calendar year. Breweries hosting a theme night must also complete and submit a notification about the event to the state at least 10 days prior to the start date.

Additionally, breweries are restricted to 52 private events annually, and may only attend 12 off-site events, such as regional or national festivals, and other community affairs. A state notification about the offsite attendance is also required.

Carton Brewing cofounder Augie Carton referred to the mandate as an attack on the quality of life for New Jersey residents.


New Jersey is basically saying that if we serve food, and if we host a trivia night, we’re making a liquor license less valuable. New Jersey’s way of doing business and protecting the rights of liquor licenses versus the rights of consumers is what bothers me most.”

Augie Carton
Carton Brewing cofounder


“When things like this come up, as much as it’s frustrating as a business owner, it’s infuriating from the perspective of a taxpaying citizen,” Carton told The Two River Times in a July 8 inter view.

Carton, a Bayshore resident who launched Carton Brewing in Atlantic Highlands in 2011 with his cousin Chris Carton, said the success of their brand is a byproduct of relationships fostered with local restaurateurs and other entrepreneurs. The scenario is similar for brewing outfits throughout the state, who often collaborate with neighboring entities on limited releases or curated beer and food pairing events.

“We’ve had the success we’ve had, and we’ve been able to what we do, because for 51 years I’ve lived within two miles of where our brewery stands, building synergy with my neighbors,” Carton said of his E. Washington Avenue locale. “I believe the best bagel in the world is right here. I believe the best pizza is right here. If it’s a dead Tuesday night, I used to be able to call across the street to Kunya Siam and have them bring over rice and beef skewers for an unscheduled tasting that would draw 25 people and expose them to both of our products. As of July 1, those interactions are limited, and in some instances, may no longer be possible.”

CHRISTIAN MONTE
Carton Brewing in Atlantic Highlands can no longer partner with local restaurants to offer food to its patrons as part of the limitations related to state legislation.

In addition to restrictions on the number of events, the legislation prohibits the sale of food of any kind on premises, and outlaws partnerships and coordination with any food vendors or food trucks, though patrons may still bring their own food to an event. And each visitor will also be required to take a tour of the facility prior to partaking in any beverage consumption. According to state regulators, the ruling is simply a means to create balance between the interests of breweries, bars and restaurants. By enforcing these licensing conditions, the craft brewing community would remain true to a vision established in a piece of 2012 legislation that is aimed to support and steward the manufacture of craft beers by “creating a demand for these products through limited consumption privileges on the brewery premises.”

“The legislature never intended the limited licenses to give craft breweries the same privileges of a consumption venue such as a sports bar or restaurant… The expectation was that consumers would become more interested in the craft beers and would want to buy them at a licensed retail consumption and distribution premises,” reads the Division of Alcohol Beverage Control’s special ruling.

“New Jersey is basically saying that if we serve food, and if we host a trivia night, we’re making a liquor license less valuable. New Jersey’s way of doing business and protecting the rights of liquor licenses versus the rights of consumers is what bothers me most,” Carton said. “It shouldn’t be us that are mad, it’s the taxpayers that should be upset.”

The state legislature is currently on break for the summer and will not revisit the special ruling until back in session this fall.

The article originally appeared in the July 14 – 20, 2022 print edition of The Two River Times.