Bill Text: NJ A3127 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes alcoholic beverage license for certain restaurants in redevelopment areas.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-07-01 - Introduced, Referred to Assembly Law and Public Safety Committee [A3127 Detail]
Download: New_Jersey-2010-A3127-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
SYNOPSIS
Establishes alcoholic beverage license for certain restaurants in redevelopment areas.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning alcoholic beverages licenses and supplementing Title 33 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act, "redevelopment area" means an area determined to be in need of redevelopment pursuant to sections 5 and 6 of P.L.1992, c.79 (C.40A:12A-5 and 40A:12A-6). A redevelopment area may include lands, buildings, or improvements which of themselves are not detrimental to the public health, safety or welfare, but the inclusion of which is found necessary, with or without change in their condition, for the effective redevelopment of the area of which they are a part.
b. A municipality may by ordinance, issue a special license for use in connection with the operation of a restaurant that employs 25 or more full-time employees and has a seating capacity of 100 persons or more, that is located in a redevelopment area in the municipality. The license shall authorize the sale of alcoholic beverages by the restaurant for immediate consumption on the restaurant's premises. The governing body of the municipality shall not issue more than one such license.
c. No person who would fail to qualify as a licensee under Title 33 of the Revised Statutes shall be permitted to hold an interest in a special license under the provisions of this section.
d. Licenses issued under this section shall be subject to all the provisions of Title 33 of the Revised Statutes, rules and regulations promulgated by the director, and municipal ordinances.
e. Application for the initial issuance of the special license shall be made to the governing body of the municipality. The initial administrative fee for a special license shall be based upon the average sales price for plenary retail consumption licenses recently sold in the municipality where the special license is being issued, reduced by the fair market value of the limitation on transferability, as set forth in subsection f. of this section.
f. No license issued pursuant to this section shall be transferred to any premises other than a restaurant with a seating capacity of 100 persons or more, that employs 25 or more full-time employees, and is located within the same redevelopment area.
g. The fee for the initial issuance of the license shall be distributed in the following manner:
(1) Seventy-five percent shall be paid to the eligible municipality wherein the redevelopment area is located; and
(2) Twenty-five percent shall be paid to the State Treasurer;
h. If the individual corporation or entity holding the license determines to sell a license issued pursuant to this section, the license shall be sold for the sum paid pursuant to subsection e. of this section.
i. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the director may adopt rules and regulations to effectuate the purposes of this act.
2. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill establishes a procedure municipalities to issue a special license to sell alcoholic beverages to certain restaurants located in a redevelopment area.
Under the provisions of the bill, the governing body of a municipality may issue a special license to a restaurant that seats 100 people or more, employs at least 25 full-time employees, and is located within a redevelopment area. The administrative fee for the initial issuance of the license is to be based upon the average sales price for plenary retail consumption licenses recently sold in the municipality where the special license is being issued, reduced by the fair market value of the limitation on the license's transferability. This fee is to be distributed among the municipality (75%), and the State (25%).
The bill specifies that these special licenses may only be transferred to another restaurant seating 100 people or more, that employs at least 25 full-time employees, and is located within the same redevelopment area and same municipality. The bill also specifies only one of these special licenses may be issued per municipality.
Under current law, a municipality may issue one plenary retail consumption license (for bars and restaurants) for each 3,000 of its population. Because of these restrictions, there is a shortage of these licenses in some municipalities, especially those that have undertaken redevelopment efforts.
