N.J. Admin. Code § 2:76-27.5

Current through Register Vol. 56, No. 19, October 7, 2024

Section 2:76-27.5 - Certification of compliance procedures for winery special occasion events

(a) Any winery conducting special occasion events on the premises must annually complete and submit to the Committee and Board by March 31 of each calendar year, a certification of compliance form provided by the Committee that contains answers in the affirmative or negative to each of the following questions:

1. Will the annual gross income generated by special occasion events for the calendar year account for less than 50 percent of the annual gross income of the winery?;

2. Will the special occasion events use the agricultural output of the winery to the maximum extent practicable, promote agricultural tourism and advance the agricultural or horticultural output of the winery?;

3. Does the winery request to conduct events other than on Friday, Saturday, Sunday, or Federal or State holidays?;

4. Will the special occasion events being proposed be conducted in one of the following:

(a) a temporary structure, such as an enclosed or open canopy or tent or other portable structure or facility, and any temporary structure would be put in place for only the minimum amount of time reasonably necessary to accommodate the special occasion event;

(b) an existing permanent agricultural building;

(c) a farm or open air pavilion; or

(d) another structure used in the normal course of winery operations and activities?;

5. Will the special occasion events being hosted comply with applicable municipal ordinances, resolutions, or regulations concerning litter, solid waste, and traffic and the protection of public health and safety?;

6. Will the winery operate in compliance with site plan review and any applicable development approvals, as may be required by the municipality?;

7. Will the special occasion event comply with noise standards set forth in the Noise Control Act, N.J.S.A. 13:1G-1 et. seq.?;

8. Will the special occasion event comply with any applicable municipal ordinance that restricts the performing or playing of music inside the winery's buildings and structures?;

9. Will the special occasion event end at a time compliant with any applicable curfew established by municipal ordinance?;

10. Will the special occasion event knowingly result in a significant and direct negative impact to any property adjacent to the winery?;

11. Will the winery enforce State and Federal requirements concerning the legal drinking age?;

12. Does the winery certify that it consents to an audit at its own expense to determine compliance with N.J.S.A. 4:1C-32.7 ?; and

13. Does the winery certify that it is potentially subject to civil penalties and suspension of operations if it conducts special occasion events on the premises in a manner inconsistent with N.J.S.A. 4:1C-32.7 ?.

(b) If any information listed by the winery on their certification of compliance form substantially changes after the registration form is submitted for the current calendar year, the winery must update its certification of compliance form and submit to the Committee and Board within 30 days after such change occurs in order to maintain a valid certification.

(c) The Board shall forward copies of any certification of compliance forms to the *holder of the development easement on the premises, if applicable, and to the* municipality within 30 days of receipt from the winery. The Board or the Committee may consult with the municipality to determine if the winery is in compliance with applicable municipal standards.

(d) Failure to submit the fully-completed certification form to the Committee and the Board in the time and manner set forth may be considered a violation of the Act by the Committee.

N.J. Admin. Code § 2:76-27.5

Adopted by 49 N.J.R. 3585(a), effective 11/20/2017