"In order to get permission from the state requires 10 days' notice for any event," said Chuck Garrity.
EAST GREENWICH TWP., New Jersey (WPVI) -- For many establishments that serve beer, this Sunday is a big opportunity.
"I'm a huge Eagles fan and wanted to show the game," said Chuck Garrity, owner of Death of the Fox Brewing Company.
But for small breweries in New Jersey like Death of the Fox, which also happens to be a coffee shop, as soon as they knew the Eagles were in the NFC championship game, they had already missed a deadline.
"In order to get permission from the state requires 10 days' notice for any event."
That includes showing televised sporting events like the World Series or an NFL playoff game.
According to new state rules that took effect last year, breweries can only hold 25 special events a year.
"It really limits our ability to draw in customers on the weekends and especially weekend nights when we would typically have events and live music and things like that," said Garrity.
The rules aim to distinguish brewing facilities from bars and restaurants, which pay much heftier prices for liquor licenses.
But brewers say these rules disproportionately harm their businesses.
"Breweries are only selling the beer they brew. Sports bars down the street have a multitude of beverage options to their consumers," said Eric Orlando, executive director of the Brewers Guild of New Jersey. "Plus they have the ability to sell food."
A special ruling issued Thursday by the state waived the 10-day notification rule for this weekend's Eagles game, allowing breweries to show the game, but it will still count towards their 25 events for the year.
That special ruling also applies to the Super Bowl, should breweries want to show it.
Garrity and his brewery are suing the New Jersey Division of Alcohol Beverage Control, hoping to change the rules.
"Just like with COVID though and many other challenges, I'm going to overcome it."
A spokesperson from the state attorney general's office pointed out that breweries also have wholesale privileges so they can sell their beer to retailers.
They added the state did extensive outreach with those in the industry before creating these new rules.
The governor's office had no comment on Thursday.