N.J. Admin. Code § 13:69I-2.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:69I-2.4 - Joint event sponsorships

(a) A joint sponsorship is an arrangement by which a person or entity not holding a CHAB license contributes to the planning, organization, conduct, operation or cost of an event sponsored by a CHAB licensee, in exchange for publicity as a sponsor in advertising and at the event.

(b) An alcoholic beverage manufacturer, wholesaler, or other person licensed to sell alcoholic beverages to retailers, or third parties acting at their direction, may jointly sponsor an event with a CHAB licensee, if:

1. The event consists of a musical or theatrical performance, concert, sporting event, festival; or a series of performances, concerts, sporting events or festivals; or such other events as may be approved by the Division upon petition of a CHAB licensee; and

2. The event, or series of events, is estimated in good faith by the CHAB licensee to have an audience attendance of at least 500 patrons.

(c) Each CHAB licensee that enters into a joint sponsorship with an alcoholic beverage manufacturer, wholesaler or other person licensed to sell alcoholic beverages to retailers, or third parties acting at their direction, shall maintain a "Sponsorship Manual." This manual shall be maintained on the licensed premises of the CHAB licensee for a period of three years, in a separate book or ledger, or electronic file, and shall contain, by jointly sponsored event, on a chronological basis:

1. A copy of the written joint sponsorship agreement between the CHAB or the person or entity acting on behalf of the CHAB licensee and the joint sponsor;

2. If there is not a written joint sponsorship agreement, or if the written joint sponsorship agreement does not include all of the terms and conditions and agreements concerning the joint sponsorship, a written description of the goods, services or funds to be paid or provided by the joint sponsor for the sponsorship, to whom they are to be paid or provided, when they are to be paid or provided, and precisely what the proposed joint sponsor is to receive from the CHAB licensee or persons acting on behalf of the CHAB licensee, in exchange for its sponsorship;

3. A copy of typical brochures, programs, advertisements and similar promotional material that describe the event to be jointly sponsored; and

4. A document stating:

i. The name of the event;

ii. The date and times of the event;

iii. The location of the event;

iv. A description of the event;

v. The number of persons anticipated to attend the event, the basis upon which the estimate is made; and

vi. The admission price to the event. If complimentary admission to the event is anticipated, the number of paid admissions and the number of complimentary admissions anticipated.

(d) Should a CHAB licensee anticipate the joint sponsorship of an event, and should advertising of that event reflect the anticipated joint sponsor before a joint sponsorship agreement is finalized, the CHAB licensee shall maintain, in its Sponsorship Manual, the information described in (c)3 and 4 above and, to the extent it is then known, the information described in (c)2 above.

(e) In addition to publicity as a sponsor in advertising and at the event, the joint sponsor may receive amenities related to the jointly sponsored event, such as preferred admissions to the event and related activities such as after-parties or meet-and-greet the performers.

(f) When the joint sponsor of an event or series of events is an alcoholic beverage manufacturer, wholesaler or other person licensed to sell alcoholic beverages to retailers, or is a third party acting at their direction, the joint sponsorship agreement shall reflect a benefit to the joint sponsor reasonably commensurate with the cost of the joint sponsorship.

(g) No joint sponsorship arrangement or agreement shall require the alcoholic beverages manufactured or distributed by the joint sponsor to be exclusively sold or otherwise made available by the CHAB licensee at the sponsored event or at any other time or place. The joint sponsorship arrangement or agreement shall not prohibit the CHAB licensee from selling alcoholic beverages manufactured or distributed by other manufacturers or distributors at the sponsored event or at any other time or place. The joint sponsorship arrangement or agreement cannot require discrimination against other manufacturers' products at the sponsored event or at any other time or place.

N.J. Admin. Code § 13:69I-2.4

Amended by 50 N.J.R. 622(b), effective 1/16/2018