Bill Text: NJ A3971 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits issuance of nine alcoholic beverage licenses in three host municipalities located in Fort Monmouth redevelopment area.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2016-06-20 - INT 1RA REF ARO [A3971 Detail]
Download: New_Jersey-2016-A3971-Introduced.html
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
SYNOPSIS
Permits issuance of nine alcoholic beverage licenses in three host municipalities located in Fort Monmouth redevelopment area.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning alcoholic beverage licenses, supplementing Title 33 of the Revised Statutes, and amending P.L.2010, c.51.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in this act:
"Authority," "Host municipality," and "Project area" shall have the same meaning as those terms are defined in section 3 of P.L.2010, c.51 (C.52:27I-20).
"Special license" means a license to sell alcoholic beverages issued by the authority or host municipality pursuant to sections 2 or 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. (New section) a. Notwithstanding the provisions of section 2 of P.L.1947, c.94 (C.33:1-12.14), the authority may issue six plenary retail consumption licenses to one or more individual corporations or other types of legal entities operating a premises located in the project area.
b. The fee for the initial issuance of the license shall be based upon the average sales price of plenary retail consumption licenses in the three host municipalities during the five years immediately preceding the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill). If less than three plenary retail consumption licenses have been sold in the host municipalities within the previous five years, the licensee shall obtain an appraisal, at the licensee's expense, to determine the appropriate fair market value of the license. The appraisal process shall include an examination of previous transactions in the host municipalities, as the case may be, and shall reflect what a willing buyer, under no pressure to buy, would pay a willing seller, under no pressure to sell, for a plenary retail consumption license in the municipalities.
The initial issuance fee established pursuant to this section shall be reduced by the fair market value of the limitation on transferability, as set forth in subsection c. of this section.
c. The plenary retail consumption licenses issued pursuant to this section shall be used only on a licensed premises within the project area. Following the initial issuance, a license shall not be transferred for use on another licensed premises located outside of the boundaries of the project area.
d. The governing body of a host municipality may, by ordinance, prohibit the issuance of additional licenses or limit the number of licenses issued within its municipal borders pursuant to this section.
e. A plenary retail consumption license issued pursuant to this section shall not be issued to any person who would not qualify as a licensee pursuant to Title 33 of the Revised Statutes and rules and regulations of the director.
f. A license issued pursuant to this section shall not be subject to the restrictions established in section 1 of P.L.1948, c.98 (C.33:1-12.23).
3. (New section) a. Notwithstanding the provisions of section 2 of P.L.1947, c.94 (C.33:1-12.14), the governing body of each host municipality may, by ordinance or resolution, issue one plenary retail consumption license to one or more individual corporations or other types of legal entities operating a premises located within the project area.
b. The fee for the initial issuance of the license shall be based upon the average sales price of plenary retail consumption licenses in the three host municipalities during the five years immediately preceding the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill). If less than three plenary retail consumption licenses have been sold in the host municipalities within the previous five years, the licensee shall obtain an appraisal, at the licensee's expense, to determine the appropriate fair market value of the license. The appraisal process shall include an examination of previous transactions in the host municipalities, as the case may be, and shall reflect what a willing buyer, under no pressure to buy, would pay a willing seller, under no pressure to sell, for a plenary retail consumption license in the municipalities.
The initial issuance fee established pursuant to this section shall be reduced by the fair market value of the limitation on transferability, as set forth in subsection d. of this section.
c. A host municipality may, in lieu of issuing a plenary retail consumption license within its municipal boundaries of the project area, issue the license for the initial issuance fee established in subsection b. of this section to one or more individual corporations or other types of legal entities operating a premises located in the project area within the boundaries of another host municipality.
Prior to the issuance of the license, the governing body of the host municipality issuing the license and the governing body of the host municipality in which the license is to be issued shall adopt identical resolutions consenting to, and mutually agreeing upon, the terms of the license's issuance. The resolution shall state that the license shall be administered in accordance with all applicable ordinances of the municipality in which it is issued.
A host municipality that issues a license to be used within the boundaries of another municipality in accordance with this subsection shall not be permitted to issue another plenary retail consumption license pursuant to this act.
d. The governing body of a host municipality may, by ordinance, prohibit the issuance of licenses or limit the number of licenses issued pursuant to this section.
e. The plenary retail consumption licenses issued pursuant to this section shall be used only on a licensed premises within the project area. Following the initial issuance, a license shall not be transferred for use on another licensed premises located outside of the boundaries of the project area.
f. A plenary retail consumption license issued pursuant to this section shall not be issued to any person who would not qualify as a licensee pursuant to Title 33 of the Revised Statutes and rules and regulations of the director.
g. A license issued pursuant to this section shall not be subject to the restrictions established in section 1 of P.L.1948, c.98 (C.33:1-12.23).
4. Section 9 of P.L.2010, c.51 (C.52:27I-26) is amended to read as follows:
9. The authority shall have the following powers:
a. To enter into a designated redevelopment agreement as set forth in subsection a. of section 16 of this act;
b. As designated and empowered as the "local redevelopment authority" for Fort Monmouth for all purposes of the Defense Base Closure and Realignment Act of 1990, Pub.L.101-510 (10 U.S.C. s.2687), and, in that capacity, to enter into agreements with the federal government, State departments, agencies or authorities, the county, the host municipalities, or private parties;
c. To adopt development and design guidelines and land use regulations consistent with and in furtherance of the plan; and to adopt, revise, adjust, and implement (1) any aspect of the plan or the development and design guidelines and land use regulations adopted in furtherance thereof, or to grant variances therefrom; (2) the economic revitalization study prepared pursuant to section 16 of P.L.2006, c.16 (C.52:27I-16); and (3) if designated as the designated agency pursuant to section 2 of P.L.2008, c.28 (C.52:27I-8.2), any aspect of the homeless assistance submission required under the Defense Base Closure and Realignment Act of 1990, Pub.L.101-510 (10 U.S.C. s.2687);
d. To undertake redevelopment projects pursuant to the plan;
e. To acquire or contract to acquire, and to dispose of the project area or any portion, tract or subdivision of the project area, or any utility system or infrastructure servicing the project area;
f. To lease as lessee, lease as lessor whether as a titleholder or not, own, rent, use, and take and hold title to, and to convey title of, and collect rent from, real property and personal property or any interest therein, in the exercise of its powers and the performance of its duties under this act;
g. To acquire, including by condemnation where necessary pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), easements, rights of way, or fee title to properties within the project area where necessary in connection with the provision of utilities, streets, roads or other infrastructure required for implementation of the plan;
h. To arrange for the clearance of any parcel owned or acquired, and for the installation, construction or reconstruction of streets, facilities, utilities, and site improvements essential to the preparation of sites for use in accordance with the plan;
i. To contract for the provision of professional services, including, but not limited to, the preparation of plans for the carrying out of redevelopment projects by registered architects, licensed professional engineers or planners, or other consultants;
j. To issue requests for proposals or requests for qualifications; to arrange or contract with other public agencies or public or private redevelopers, including but not limited to nonprofit entities, for the planning, replanning, construction, or undertaking of any project or redevelopment work, or any part thereof; to negotiate and collect revenue from a redeveloper to defray the costs of the authority, and to secure payment of such revenue; as part of any such arrangement or contract, to negotiate financial or in-kind contributions from a redeveloper to the authority or to the host municipalities to offset or mitigate impacts of the project; as part of any such arrangement or contract, to require the posting of performance guarantees in connection with any redevelopment project; as part of any such arrangement or contract, to facilitate the extension of credit, or making of loans, by the EDA, by other public agencies or funding sources, or by private entities to redevelopers to finance any project or redevelopment work, or upon a finding that the project or redevelopment work would not be undertaken but for the provision of financial assistance, or would not be undertaken in its intended scope without the provision of financial assistance, to facilitate as part of an arrangement or contract for capital grants to redevelopers; and to arrange or contract with public agencies or redevelopers for the opening, grading or closing of streets, roads, roadways, alleys, or other places or for the furnishing of facilities or for the acquisition by such agency of property options or property rights or for the furnishing of property or services in connection with the project area;
k. To participate in, conduct, or contract for the performance of environmental assessment or remediation activities or restoration arising out of or relating to environmental conditions within the project area, including but not limited to insurance or bonds related to such activities;
l. To enter upon any building or property in the project area in order to conduct investigations or make surveys, sounding or test borings necessary to carry out the purposes of the plan;
m. To arrange or contract with the EDA or other public agencies to facilitate or provide relocation assistance, of the types and in the amounts provided for businesses in the "Relocation Assistance Law of 1967," P.L.1967, c.79 (C.52:31B-1 et seq.) and the "Relocation Assistance Act," P.L.1971, c.362 (C.20:4-1 et seq.), to businesses operating within the project area who are displaced as a result of the closure and who request such assistance within a period to be determined by the authority;
n. To make, consistent with the plan: (1) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and (2) plans for the enforcement of laws, codes, and regulations relating to the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements;
o. Notwithstanding any other law to the contrary, to consent to a request by a host municipality for, or request that the host municipality consider, the designation of portions of the project area as being in need of redevelopment or rehabilitation in accordance with the provisions of the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.);
p. To publish and disseminate information concerning the plan or any project within the project area;
q. To adopt and from time to time amend and repeal bylaws for the regulation of its affairs and the conduct of its business;
r. To adopt and use an official seal and alter it at its pleasure;
s. To maintain an office at a place or places within the State as it may designate;
t. To sue and be sued in its own name;
u. To provide that any revenues collected shall be available to the authority for use in furtherance of any of the purposes of this act;
v. Pursuant to an adopted cash management plan, to invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which governmental units may legally invest funds subject to their control;
w. To enter into mortgages as mortgagee;
x. To apply for, receive, and accept from any federal, State, or other public or private source, grants or loans for, or in aid of, the authority's authorized purposes;
y. To consent to the modification of any contract, mortgage, or other instrument entered into by it or on its behalf;
z. To pay or compromise any claim arising on, or because of any agreement, mortgage, or instrument;
aa. To acquire or contract to acquire from any person, firm, or corporation, public or private, by contribution, gift, grant, bequest, devise, purchase, or otherwise, real or personal property or any interest therein, including such property as it may deem necessary or proper, although temporarily not required for such purposes, in the project area or in any area outside the project area designated by the authority as necessary for carrying out the relocation of the businesses displaced from the project area as a result of the closure of Fort Monmouth or other acquisitions needed to carry out the master plan;
bb. To subordinate, waive, sell, assign or release any right, title, claim, lien or demand however acquired, including any equity or right of redemption, foreclosure, sell or assign any mortgage held by it, or any interest in real or personal property; and to purchase at any sale, upon such terms and at such prices as it determines to be reasonable, and take title to the property, real, personal, or mixed, so acquired and similarly sell, exchange, assign, convey or otherwise dispose of any property;
cc. To complete, administer, operate, obtain, and pay for insurance on, and maintain, renovate, repair, modernize, lease or otherwise deal with any property;
dd. To retain attorneys, planners, engineers, architects, managers, financial experts, and other types of consultants as may be necessary;
ee. To arrange or contract with any public agency, to the extent that it is within the scope of that agency's functions, to cause the services customarily provided by that agency to be rendered for the benefit of the occupants of the project area, and have that agency provide and maintain parks, recreation centers, schools, sewerage, transportation, water and other municipal facilities adjacent to or in connection with the project area;
ff. To conduct examinations and investigations, hear testimony and take proof, under oath at public or private hearings of any material matter, compel witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out of State, unable to attend, or excused from attendance; and to authorize a committee designated by it consisting of one or more members, or counsel, or any officer or employee to conduct the examination or investigation, in which case it may authorize in its name the committee, counsel, officer or employee to administer oaths, take affidavits and issue subpoenas or commissions;
gg. To make and enter into all contracts and agreements necessary or incidental to the performance of the duties authorized in this act;
hh. After thorough evaluation and investigation, to bring an action on behalf of a tenant within the project area to collect or enforce any violation of subsection g. or h. of section 11 of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-12);
ii. To designate members or employees, who shall be knowledgeable of federal and State discrimination laws, and who shall be available during all normal business hours, to evaluate a complaint made by a tenant within the project area pursuant to section 11 of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-12);
jj. To borrow monies from the EDA to fund an approved budget on terms and conditions acceptable to the EDA;
kk. To adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act; [and]
ll. To do all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this act; and
mm. To issue plenary retail consumption licenses pursuant to P.L. , c. (C. et al.)(pending before the Legislature as this bill).
(cf: P.L.2010, c.51, s.9)
5. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Alcoholic Beverage Control, in consultation with the authority, may promulgate regulations necessary to effectuate the provisions of this act.
6. This act shall take effect on the first day of the seventh month after enactment, except 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 authorizes the issuance of nine alcoholic beverage licenses in the municipalities that formerly comprised Fort Monmouth. Under the bill, a license holder would be entitled to sell alcoholic beverages for consumption on licensed premises and packaged goods for off-premises consumption.
The bill permits the Fort Monmouth Economic Revitalization Authority, established pursuant to P.L.2010, c.51 (C.52:27I-18 et seq.), to issue six plenary retail consumption licenses for use in connection with businesses operating within the boundaries of the Fort Monmouth revitalization plan. Prior to the closure of Fort Monmouth in 2011 as part of a federal cost-cutting measure, the United States Army Base had six locations at which alcoholic beverages were sold. It is the sponsor's intent to re-establish these alcohol serving establishments by permitting the revitalization authority to issue six alcoholic beverage licenses.
In addition, the bill permits the governing body of the three host municipalities wherein Fort Monmouth was located-Oceanport, Eatontown, and Tinton Falls-to each issue one alcoholic beverage license. The licenses issued by the municipal governing body could be used only on a licensed premises situated within the boundaries of the Fort Monmouth revitalization plan. The bill grants a host municipality the option of issuing the license to a person operating a premises in one of the other Fort Monmouth municipalities provided that each municipality adopt identical resolutions consenting to, and mutually agreeing upon, the terms of the license's issuance. The resolutions are to state that the license would be administered in accordance with all applicable ordinances of the municipality in which the license is issued. The host municipalities also would have the option to adopt an ordinance prohibiting the revitalization authority from issuing licenses or limiting the number of licenses to be issued within its municipal borders.
The fee for the initial issuance would be based upon the average sales price of plenary retail consumption licenses in the three host municipalities during the five years preceding the bill's enactment. If less than three licenses have been sold in the host municipalities within the previous five years, the licensee would be required to obtain an appraisal, at the licensee's expense, to determine the appropriate fair market value of the license. The appraisal process would include an examination of previous transactions in the host municipalities and reflect what a willing buyer would pay a willing seller for a plenary retail consumption license. The bill requires the initial issuance fee to be reduced by the loss in value resulting from the prohibition on issuing or transferring the license outside of the Fort Monmouth revitalization plan boundaries.
The licenses issued by the redevelopment authority and three host municipalities could be used only on a licensed premises located within the boundaries of the Fort Monmouth redevelopment plan. The bill prohibits the licenses from being transferred to a premises located outside of the boundaries of the Fort Monmouth redevelopment plan.
