New Jersey § 4:1c-32

§ 4:1c-32.

a. The State Agriculture Development Committee shall establish a pilot program permitting

special occasion events to be conducted on preserved farmland at a winery provided

that: (1) the gross income generated by the winery from all special occasion events conducted

for the calendar year together account for less than 50 percent of the annual gross

income of the winery; (2) the special occasion event uses the agricultural output of the winery, to the

maximum extent practicable, to promote agricultural tourism and advance the agricultural

or horticultural output of the winery; (3) the special occasion event is conducted on a Friday, Saturday, Sunday, or federal

or State holiday, except that a special occasion event may be conducted on any other

day of the week with the approval of the State Agriculture Development Committee. The committee may delegate its authority in that regard to a county agriculture

development board; (4) the special occasion event is conducted in: (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) the special occasion event complies with applicable municipal ordinances, resolutions,

or regulations concerning litter, solid waste, and traffic and the protection of public

health and safety; (6) the winery shall be subject to a site plan review and any applicable development

approvals as may be required under an ordinance adopted pursuant to the “Municipal

Land Use Law,” P.L.1975, c. 291 ( C.40:55D-1 et seq. ); (7) the special occasion event is subject to the noise standards set forth pursuant

to the “Noise Control Act,” P.L.1971, c. 418 ( C.13:1G-1 et seq. ), and the rules and regulations adopted thereto; (8) the special occasion event complies with any applicable municipal ordinance that

restricts performing or playing music inside the winery's buildings and structures; (9) the special occasion event ends at a specific time, if required pursuant to a

curfew established by a municipal ordinance; (10) the special occasion event would not knowingly result in a significant and direct

negative impact to any property adjacent to the winery; and (11) the winery hosting a special occasion event enforces State and federal requirements

concerning the legal drinking age. b. In determining the annual gross income of a winery pursuant to this section, the

gross income received from any special occasion event shall include, but need not

be limited to, admission fees; rental fees; setup, breakdown, and cleaning fees;

and all other revenue that is not directly related to the agricultural output of the

winery but is received by the winery in conjunction with conducting a special occasion

event.