Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
SYNOPSIS
Authorizes conversion of seasonal license to sell alcoholic beverages to plenary retail license under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning seasonal retail consumption licenses and supplementing chapter 1 of Title 33 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Upon approval of the issuing authority or governing board or body of a municipality, the holder of a seasonal retail consumption license shall be authorized to convert that license into a plenary retail consumption license.
b. The fee for converting the seasonal retail consumption license into a plenary retail consumption license shall be fixed by the issuing authority or governing board or body of the municipality in which the licensed premises is situated, by ordinance. The fee shall be the price for which the most recent plenary retail consumption license in the municipality was sold less the amount the holder paid for the seasonal retail consumption license.
c. The issuing authority or governing board or body of a municipality may, by ordinance, prohibit the conversion of a seasonal retail consumption license into a plenary retail consumption license.
d. The Director of the Division of Alcoholic Beverage Control shall promulgate rules and regulations to implement the provisions of this section.
2. This act shall take effect on the first day of the fourth month after enactment, but the Director of the Division of Alcoholic Beverage Control may take any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill would authorize the holder of a seasonal retail consumption license to convert that license into a plenary retail consumption license if approved by the municipality.
Seasonal retail consumption licenses allow for the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle. This license provides for the same privileges as a plenary retail consumption license but is issued only for the summer season, which runs from May 1 through November 14. These licenses are counted toward the total number of retail licenses permitted in a municipality based on its population.
Under the bill, the municipality would have to approve the conversion of a seasonal retail consumption license into a plenary retail consumption license. The fee that the holder of the seasonal license would have to pay the municipality would be the difference between the price paid for the most recent plenary retail consumption license sold in that municipality less the amount the holder paid for the seasonal retail consumption license.
The bill authorizes municipalities to prohibit the conversion of a seasonal retail consumption license into a plenary retail consumption license. The bill also requires the Director of the Division of Alcoholic Beverage Control to promulgate rules and regulations to govern the conversion of the license.
According to the sponsor, this bill would provide an economic stimulus to holders of seasonal retail consumption licenses who were hard hit by Hurricane Sandy. It should be noted that Governor Christie recently issued Executive Order No. 126 extending the active period of a seasonal license for two months, from March 1 to November 14, on the grounds that these primarily shore establishments were adversely affected by mandatory evacuations and power outages resulting from Hurricane Sandy. The bill also would provide a source of sorely needed revenue to the municipalities in which these establishments are located.