Bill Text: NJ A3359 | 2018-2019 | Regular Session | Introduced
Bill Title: Allows municipalities to acquire and sell inactive plenary retail consumption licenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-02-12 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [A3359 Detail]
Download: New_Jersey-2018-A3359-Introduced.html
Sponsored by:
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Allows municipalities to acquire and sell inactive plenary retail consumption licenses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning inactive plenary retail consumption licenses, amending P.L.1977, c.246, and repealing section 3 of P.L.2007, c.351.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1977, c.246 (C.33:1-12.39) is amended to read as follows:
1. a. No Class C license, as the same is defined in R.S.33:1-12, shall be renewed if the same has not been actively used in connection with the operation of a licensed premises within a period of two years prior to the commencement date of the license period for which the renewal application is filed unless the director, for good cause and after a hearing, authorizes a further application for one or more renewals within a stated period of years; provided, however that, if the licensee has been deprived of the use of the licensed premises as a result of eminent domain, fire or other casualty, and establishes by affidavit filed with the director that he is making a good faith effort to resume active use of the license in connection with the operation of a licensed premise then the period of two years provided for in this section shall be automatically extended for an additional period of two years.
Any request for relief under this section shall be accompanied by a nonreturnable filing fee of $100.00 payable to the director.
b. The governing body of a municipality may acquire any inactive plenary retail consumption license issued by the municipality that has not been renewed by the licensee pursuant to subsection a. of this section. The governing body may retain the license indefinitely but shall pay to the director any fees associated with holding or renewing an inactive plenary retail consumption license. A municipality that acquires an inactive plenary retail consumption license pursuant to this subsection may issue the license at public sale in a manner consistent with the provisions of P.L.1975, c.275 (C.33:1-19.1 et seq.) for use at a licensed premises located within the municipality. The use of any plenary retail consumption license issued pursuant to this subsection shall be in a manner consistent with the provisions of Title 33 of the Revised Statutes and any regulations promulgated by the director.
(cf: P.L.1996, c.127, s.1)
2. Section 3 of P.L.2007, c.351 (C.33:1-24.3) is repealed.
3. This act shall take
effect immediately.
STATEMENT
This bill permits a municipality to acquire any inactive plenary retail consumption license that has not been renewed by a licensee operating an establishment within that municipality. Under the bill, a municipality may retain a plenary retail consumption license in an inactive status indefinitely but is required to pay to the Director of the Division of Alcoholic Beverage Control any fees associated with holding or renewing the license. Additionally, the municipality also may issue the inactive license at public sale for use in connection with a licensed premise located within the municipality.
Under current law (section 3 of P.L.2007, c.351 (C.33:1-24.3)), only municipalities in which an urban enterprise zone and a Planning Area 1 (Metropolitan), as designated pursuant to the "State Planning Act," is located may acquire any inactive plenary retail consumption license within the municipality and retain the license for up to five years. Municipalities that meet these criteria are permitted to sell inactive licenses at public auction. This bill repeals section 3 of P.L.2007, c.351 (C.33:1-24.3) and extends the privilege of acquiring and selling inactive plenary retail consumption licenses to all municipalities.
