What license is required?
Out-of-State Winery License, for those producing no more than 250,000 gallons; larger wineries must either consign their products to a New Jersey wholesaler outside of the state, or receive a wholesaler license themselves.
How much does the license cost?
$938 for an Out-of-State Winery LIcense; $3,750 for a Wine Wholesale License (permitting distribution of all wine products); $1,8750 for a Limited Wholesale LIcense (permitting distribution of only beer and “naturally fermented wines”); $8,750 for a Plenary Wholesale License (permitting sale of all alcoholic products)
Do I need to have money held in bond?
Yes – if licensed as a wholesaler, a corporate tax bond of an amount no greater than 3-times the greatest tax amount on sales during a bi-monthly period in previous 12 months; can never be less than $1,000 or greater than $1,000,000.
Is there a representative license?
Yes – Solicitor’s Permit for $25 annually
Do I need to register products first?
Yes – the brand owner or authorized agent must register brands being sold in New Jersey
Do I need to Post Prices?
No – supplier’s prices do not need to be posted to the state, but they do need to maintain a list of their prices and discounts to wholesalers on their premises.
Do I need to file my Distributor Agreements with the state?
No – but assigned wholesalers must be listed with brand label registrations
Do I need to file my Territory Assignments with the state?
Are there rules on the exclusivity of territory or brand assignments?
How can I get samples of products to retailers?
A separate sampling permit is required; then wholesalers may distribute clearly labeled samples through their New Jersey solicitors; records must be maintained
Do I need to be aware of Franchise Rules?
Are there Primary American Source rules on Distributor’s purchases?
Do I need to make sure my wine comes to Rest at the wholesalers warehouse?
Yes – sales to New Jersey retailers must come from the in-state warehouse of a licensed Wholesaler (so if an OOS winery holds a Wholesale license, they must have a New Jersey warehouse, or have all their sales go to a different New Jersey wholesaler); products must remain in the warehouse for at least 24 hours.
What’s the state’s Excise Tax?
$0.875 per gallon
As an out-of-state supplier, am I responsible for paying Excise Taxes?
Yes – excise taxes are paid by first owner of product in New Jersey; if licensed as a Wholesaler, this includes an out-of-state winery
Do I need to file a report with the state on what I’ve sold?
Yes – Bi-monthly R-2 Wholesaler Excise Tax Report — includes tax remittance