The New Jersey Licensed Beverage Association, Inc.
“Representing the on-premise licensed beverage retailers, the heart of the hospitality industry”
2011 News... June 28, 2011 Divisions of Alcoholic Beverage Control & Highway Traffic Safety Go 'Down the Shore' to Highlight Programs Aimed at Curbing Underage Drinkingnt - See Story and Photos Former Assemblyman Jeff Warsh Hired as NJLBA Legislative Agent - View PDF As a key component of the NJLBA's overall rebranding and refurbishing campaign, former As the NJLBA's Legislative Agent, Warsh reports to Executive Director Diane Weiss and to the NJLBA Board of Directors. As the NJLBA's legislative point man, Warsh is responsible for representing our interests in the State House with both houses of the Legislature and with the Governor's Office. With bills pending to encourage grocery stores and big box retailers to dominate the sale of package goods in New Jersey and other bills to allow out-of-state interests to direct ship to New Jersey consumers as well as bills allowing pocket licenses to be transferred from any town in New Jersey to any other town in New Jersey - just to name a few major challenges - the legislative environment is a very difficult one for the New Jersey hospitality sector, already reeling from the severe and entrenched recession. The challenges are very real and the NJLBA is managing the political environment with a major makeover, of which Warsh's hiring is one major aspect. "It is my honor and privilege to serve as the NJLBA Legislative Agent," said Warsh. "I have literally spent my entire life in the alcoholic beverage industry. My grandfather and father both spent their entire careers in the industry and I have worked in a variety of capacities in the wholesale tier since I was a teenager. I have nothing but respect and admiration for the men and women who dedicate themselves to New Jersey's hospitality. It is my solemn responsibility to protect the NJLBA's interests in Trenton." January 31, 2011 2010 News... October 6, 2010 January 12, 2010 Diane M. Weiss has been appointed Executive Director of the New Jersey Licensed Beverage Association (NJLBA) by the association’s executive committee. It has been over seven years since the association has had a new director. The appointment took effect on January 1, 2010. NJLBA represents over 6,000 licensees throughout New Jersey. Weiss, determined to hit the ground running, wants members to view the association as a resource. “ I hope that members will begin to call the office with questions about licensing matters, promotions, internet sales and legislative updates”, explains Weiss. “We can save them a lot of time and money. We most likely already have the answer and if we don’t, we will get it for them while they go back to running their business.” Weiss has over fifteen years of experience in the licensed beverage industry. She has served as a Senior Staff Member to the Director of the Division of Alcoholic Beverage Control, as well as Bureau Chief of the Licensing Unit for the division. Since her experience has encompassed every aspect of the alcoholic beverage industry, Weiss would like to ensure that her experience and skills benefit all of the members of the licensed beverage industry and community. She began her career heading up the Retail Licensing Unit and Special Permits for the Division of Alcoholic Beverage Control (ABC). She was promoted to Bureau Chief of the Licensing Bureau where she developed extensive knowledge in transfers of licenses, corporate structure changes, and special permits relating to on-premise licenses. Another one of Weiss’s goals is keeping members informed and active in the association. She plans to meet with licensees and is scheduling County meetings in addition to the meeting held each month in Trenton. Weiss intends to work closely with the association’s lobbyist. “If there is an issue that I feel strongly about, I look forward to testifying to the State legislature, ” states Weiss. “I will be reaching out to wholesalers and allied members.” “No one has more passion for our membership than Diane. All of our members will be rejuvenated by her energy,” says Terry Duffy, member of the NJLBA and a Passaic County Freeholder. “ Her extensive experience and knowledge of the industry puts us on an exciting new path.” Weiss wants members to appreciate the value of their membership particularly in these difficult time as spending tightens. “Now more then ever, the association needs to create a loud voice to ensure that the needs of our members are represented”, explains Weiss. “I am here to help the members achieve their business goals.” The NJLBA is a statewide trade organization representing on-premise licensees, educating and advising its membership as to proper and profitable trade practices. For more information please call 800-LBA-0076 or visit www.njlba.org. May 08, 2009 BY MARY FUCHS, STATEHOUSE BUREAU New Jersey bar owners can't be sued for allowing customers to drive away drunk if they weren't the ones who served them alcohol, the state Supreme Court unanimously ruled yesterday. The decision overturned a state appeals court ruling that bars were responsible for their patrons, on and off the road. The family of James Hamby, a 21-year old passenger killed in a 2003 crash on the Garden State Parkway, now can't bring charges against the C-View Inn in Cape May City. Frank Nesbitt, the 19-year-old driver, was found to be heavily intoxicated after the accident, but a lower-court judge decided there wasn't any evidence the C-View served him alcohol and dismissed the case. Nesbitt's alcohol level was 0.199 percent after the crash -- more twice the legal limit of 0.08. He pleaded guilty to second-degree vehicular homicide, was sentenced to five years in prison and is now under supervision by a parole officer. Rudolph Westmoreland, the Atlantic City-based lawyer for Hamby's family, said they received $100,000 from insurance when the case was settled. Terry King, the C-View Inn's lawyer, said the bar was "elated" with the decision. He said the state appeals court ruling had "caused alarm" with every business owner who was concerned about being held responsible for customers who came into their store or restaurant already drunk. "That upset the balance, if you will; this decision restores the balance," King said. The New Jersey Restaurant Association did not immediately return calls for comment. According to court documents, Nesbitt of Dennis Township and Hamby of Upper Township had been drinking with friends and then went to the C-View Inn, where they frequently hung out. While waiters at the bar said they didn't serve Nesbitt alcohol and weren't aware he was drunk, Nesbitt had ordered two soft drinks that Hamby spiked with rum, under the table. A lower court judge ruled the C-View was not responsible for Hamby's decision to "secretly serve" Nesbitt alcohol they had brought into the bar. The justices reaffirmed that decision. Westmoreland noted taverns already are responsible for patrons who drink too much while they are there. "If you served me alcohol 'til I was drunk as a skunk and I walked out and was hit by a bus, you're liable for that," Westmoreland said. "You should at least do something or have me call a cab, but you just can't serve me 'til I'm skunked and say 'It's your problem, get out of here.'" Statehouse Bureau reporter Mary Fuchs may be reached at (609) 989-0341 or mfuchs@starledger.com. April 09, 2009 NEW JERSEY BARS AND TAVERNS ASK GOVERNOR CORZINE TO “EASE THEIR PAIN” AS WELL TRENTON – The New Jersey Licensed Beverage Association, representing bars, taverns, and restaurants in New Jersey, reacted to the signing of recent legislation to “ease the regulatory burden” of the “struggling” casinos by asking that the Governor do something to “ease their pain” as well. “New Jersey’s downtown small bars, taverns, and restaurants are on the bleeding edge of an economic disaster, much of it caused by unnecessary and untimely government regulations that have caused business to decline by 30% and some to go out of business,” according to Fred Barnes, President, New Jersey Licensed Beverage Association. “Our association recognizes the economic importance of the casino industry, but the small businesses in the hospitality industry are also important and in need of some relief,” said Barnes “Enactment of New Jersey’s “no-smoking” ban; the enactment of “family leave; the new Fire Code regulations, estimated to cost many businesses $30,000 to $50,000 in order to be in compliance; as well as the Governor’s proposal to increase the excise tax on wine and distilled spirits, has and will simply be devastating to our industry through additional lost sales and unnecessary costs,” said President Barnes. “Please Governor, can’t you do something to ease our pain?” FEBRUARY 9, 2009 Mr. Chairman and Members of the Committee, on behalf of the New Jersey Licensed Beverage Association, I would like to express our strong opposition to S-2266 - legislation that would permit municipalities to impose an assessment for costs and attorney fees on a licensee where they have been cited for a violation of a statute, regulation or municipal ordinance; or an assessment for costs that the municipality determines when there is a settlement agreement by both parties. This legislation doesn’t just deal with a “license suspension”, it allows municipalities to assess a fee for any violation set forth under Title 33. Under this bill, not only does a licensee have to pay an annual license fee to the municipality, but they will now have to pay the municipality whatever fines, attorney fees, and payment of any costs incurred during an investigation or prosecution, while at the same time, pay for their own attorney fees, and costs associated with an appeal! This bill is an invitation to mischief, especially in light of the current economy and budget shortfalls at all levels. This bill would provide a strong and perverse incentive for municipalities to use this law as a revenue generator in order to balance their budgets off the backs of these small businesses. I’m sure you have heard, your neighborhood bars and taverns are on life support. One reason for that is certainly the economy, but it is also because they like all small businesses have been choked to death with regulatory mandates, and other costs associated with doing business in New Jersey. We strongly oppose this legislation and urge you to vote NO. NEW FIRE CODE REGULATIONS NJLBA, together with NJRA fought until the 11th hour to obtain changes in the new Fire Code Regulations, and pleading with Commissioner Doria of DCA to grant a 6 month extension on the effective date in order that we could seek changes to the definition of “nightclub” either through the regulatory or legislative process. Late last evening we learned that our request had been denied. We anticipate that these new regulations will cause a great financial burden on some of you, especially at a time when sales, profits and employment are as bad as they have ever been in New Jersey. Here’s why!
What You can Expect From your Local Fire Official
NJLBA, together with NJRA, will continue to seek changes in these regulations, either through the legislative process, or through changes in the regulations. WE WILL NEED YOUR HELP! For Immediate Release Contact: Barbara McConnell NEW JERSEY LICENSED BEVERAGE ASSOCIATION URGES GOVERNOR CORZINE TO CALL FOR VIDEO LOTTERY IN NEW JERSEY TRENTON - Fred Barnes, President, New Jersey Licensed Beverage Association, representing bars, taverns, and restaurants in New Jersey, today urged Governor Corzine to legalize video lottery as a way to generate new revenues which could be used to help balance New Jersey’s budget; provide property tax relief; or tuition relief for families who are unable to send their children to college. “We have been urging New Jersey for years to enact Video Lottery which could potentially generate revenues of up to $600 million dollars, depending on the number of locations in which they are established. But, the casino industry has vigorously opposed any expansion of gambling beyond Atlantic City’s borders,” Barnes said. “Now, Governor Rendell in Pennsylvania, has called for an expansion of video poker from racetracks to bars, taverns, restaurants, and clubs where he expects to raise over $550 million annually to help with tuition assistance, as well as give a boost to the hospitality industry in Pennsylvania.” “In a discussion paper prepared by NJLBA in 2002 and submitted to the Governor’s office, it was found that 35 states currently have some form of legalized gambling, including traditional slot machines, video poker, bingo, casinos, racetracks, and VLTs in bars, restaurants or other licensed establishments. What has driven the increase in gambling venues has been the need to derive new revenues in states that are hard pressed for money, and are reluctant to raise taxes. The economic downturn has been horrific for state budgets, and this has helped push gambling into a mainstream form of entertainment,” said Barnes. In 2006, Governor Corzine did say that “competition from nearby states means New Jersey should at least consider VLTs as an option since Pennsylvania, New York and Delaware are installing gaming machines.” But, the casino industry was successful in squelching the idea. “Perhaps New Jersey has already missed the boat on this issue, but we urge Governor Corzine to follow Governor Rendell’s lead and call for VLTs in New Jersey. FIGHTING FOR YOU IN TRENTON ON LEGISLATIVE AND REGULATORY ISSUES THAT WOULD CAUSE ECONOMIC HARM TO YOUR BUSINESSES IS AN IMPORTANT PART OF WHAT WE DO! On January 13, 2009, the New Jersey Legislature will return to Trenton to begin their 2009 session, NJLBA will make sure that your voice is heard on some very important issues. With your help, we have been able to sometimes keep “bad” legislation from happening, but we are always there to inform legislators how certain legislative and regulatory proposals will affect your business! A few of the issues that we think are a high priority for you in the coming year, as well as some we have fought this past year are:
Please support NJLBA with your Membership. We are fighting hard for you in Trenton! January 8, 2009 Honorable Joseph Doria Dear Commissioner Doria: On behalf of the New Jersey Licensed Beverage Association, I am writing you once again to plead the case of our members - especially the small bars and taverns - who will be severely harmed economically when the Department’s new Uniform Fire Code goes into effect on February 5, 2009. At the time these new changes to the Fire Code were proposed we submitted comments, expressing our concern as to the economic hardship the new amendments would cause the small bars, taverns, and restaurants that we represent. Since the adoption of these new amendments, our concerns over costs have only heightened because it is certain they will result in great economic hardship and the demise of many small establishments. Even your Department admitted that the cost to retrofit an existing building to comply with these new rules could be significant! The problem lies in the definition of “nightclub” which is so broad that it will apply to virtually all “eating and drinking” establishments with an occupancy load of 100. These establishments will now have to install an automatic fire detection system which shall be tied to the performance sound system and to the house lights - an unnecessary financial burden. They are also required to install an automatic sprinkler system which shall be tied to the sound system and house lights – another great cost. The egress requirements set forth in the regulations will also require not only structural changes, which may be impossible in some cases. And, removing the “grandfather” provision applicable to buildings constructed under the 1977 Uniform Construction Code is unfair and will cause many to go out of business. Expectations for sales, profits and employment are as bad as they have ever been in New Jersey. Businesses, consumers, employers and employees have had just about all they can bear. This is especially true for small businesses. Can’t we please make some administrative changes to these new Fire Code Regulations that will offer some relief to small businesses; or can’t we simply postpone the implementation of the amendments until better economic times? Kindest regards. Sincerely, Fred Barnes, President cc: Honorable Joseph Roberts
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