New Year, New Rules for New Jersey Limited Brewery License Applicants

Effective January 20, 2026, the New Jersey Division of Alcoholic Beverage Control (“NJABC”) will no longer be accepting so called “placeholder” applications for Limited Brewery Licenses, which are licenses that allow its holders to brew malt alcoholic beverages and sell their product, with certain limitations, to wholesalers and retailers, and for on-premises consumption.

The new rules implemented by the NJABC are aimed at streamlining the process to obtain a Limited Brewery License. Under N.J. Admin. Code § 13:2-45.1(d), the NJABC will no longer accept applications that are missing key information or documentation. Applications that are not “administratively complete” and accompanied by the required application fee, will not be accepted.

What is an “Administratively Complete” Application?

Previously, applicants were able to submit partially completed applications to secure a spot in the applicant line. Now, such applications must include:

• The Application & Fee: A fully completed application form, accompanied by the application fee, which is determined by the number of barrels an applicant plans to brew;
• Premises Details & Information: A completed Premises Information Template, accompanied by a detailed sketch of the proposed licensed premises. If the applicant owns the proposed licensed premises, they will need to provide a copy of their deed. If they lease the proposed licensed premises, they will need to provide a copy of their lease;
• Corporate Documents: Completed “Corporate Information State Issued” (“CISI”) and “Corporate Structure State Issued” (“CSSI”) Forms for each individual or entity having an interest in the license, which should reflect information included on the applicants Certificate of Formation/Incorporation (which also needs to be provided) along with the applicant’s Certificate of Business Registration and, if applicable, its Certificate of Authority – Sales and Use Tax;
• Proof of State and Federal Compliance: Copies of the applicant’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) Brewer’s Notice, their Alcoholic Beverage Tax Bond filed with the New Jersey Division of Revenue, and their Certificate of Business Registration;
• Financial Information: An affidavit or certification identifying all funds used to start up the applicant’s brewery, including the source of those funds and highlighted financial documents showing a “transparent flow of funds” with affidavits of qualification for all shareholders, members, or partners having an interest in the brewery; and
• Tax Records: Two years of business tax returns, or, for applicants that a newly formed entities, personal tax returns.

Another development in the NJABC’s newly adopted rules is a change to what information must be included in the required Method of Operation Affidavit, which must now include:

• Anticipated annual production and types of beverages;
• Names and industry experience of the brewery’s brewmaster and management team, including a description of the role each shareholder, member or partner might have in the brewery;
• The number of employees that will be involved in the day-to-day operations of the brewery;
• Specific operating hours for the manufacturing of malt alcoholic beverages and the tasting room on the proposed licensed premises;
• How the applicant will track the manufacture and distribution of their product; and
• Formal acknowledgement that all shareholders, members or partners, brewmasters, and managers of the applicant must undergo required State and Federal background checks.

What Does This Mean?

If you are thinking about applying for a Limited Brewery License, these rules limit the flexibility you once might have had when submitting “placeholder” applications. Where you previously might have been able to provide incomplete information or documentation to hold your place in the NJABC’s review line, these new rules may result in the NJABC rejecting your application for lack of completeness.

We Are Here to Help

While many might view these new rules as a time intensive barrier to obtaining a Limited Brewery License, our firm specializes in navigating the complexities of NJABC rules and regulations. Our dedicated team of alcohol attorneys can assist in preparing and filing the necessary documentation and, if necessary, challenging any license denials, suspensions or revocations.

Please visit www.stark-stark.com for more information.