Current through Register Vol. 56, No. 18, September 16, 2024
(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.
