Bill Text: NJ A5115 | 2022-2023 | Regular Session | Introduced


Bill Title: Permits municipalities to issue additional retail alcoholic beverage licenses regardless of population limitation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-01-26 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [A5115 Detail]

Download: New_Jersey-2022-A5115-Introduced.html

ASSEMBLY, No. 5115

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED JANUARY 26, 2023

 


 

Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Permits municipalities to issue additional retail alcoholic beverage licenses regardless of population limitation.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning alcoholic beverage licenses and amending P.L.1947, c.94.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 2 of P.L.1947, c.94 (C.33:1-12.14) is amended to read as follows:

     2.    a.  Except as otherwise provided in this [act] title and subsection b. of this section, [no] a new plenary retail consumption or seasonal retail consumption license shall not be issued in a municipality unless and until the combined total number of such licenses existing in the municipality is fewer than one for each 3,000 of its population according to the most recent estimates issued by the U.S. Bureau of the Census; provided, however, in the year that the official federal decennial counts are received by the Governor, those federal decennial counts shall be used. 

     [No] A new plenary retail distribution license shall not be issued in a municipality unless and until the number of such licenses existing in the municipality is fewer than one for each 7,500 of its population according to the most recent estimates issued by the U.S. Bureau of the Census; provided, however, in the year that the official federal decennial counts are received by the Governor, those federal decennial counts shall be used.

     b.    The governing board or body of a municipality in which the number of plenary retail consumption licenses has reached the population limitation established in subsection a. of this section may issue additional plenary retail consumption licenses, by resolution, 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 fee paid by the highest bidder at public sale in accordance with section 1 of P.L.1981, c. 416 (C.33:1-19.3) shall be distributed in the following manner:

     (1)   fifty percent shall be paid to the municipal governing body that issued the plenary retail consumption license; and

     (2)   fifty percent shall be divided equally among and paid to the plenary retail consumption licensees in the municipality in which the licensed premises is located who obtained a license prior to the effective date of P.L.    , c.    (pending before the Legislature as this bill). 

(cf: P.L.1999, c.189, s.1)

 

     2.  This act shall take effect immediately.

STATEMENT

 

     This bill allows municipalities to issue additional plenary retail consumption licenses, by resolution, at public sale to the highest qualified bidder in a manner consistent with current law. A plenary retail consumption license is an alcoholic beverage retail license issued for use by bars and restaurants that allows consumption of alcoholic beverages on the licensed premises. 

     Under current law, a municipality may issue plenary retail consumption licenses until the combined total number in the municipality is fewer than one license for each 3,000 persons.  Because of these restrictions, there is a shortage of these licenses in some municipalities.  This bill addresses this shortage by allowing a municipality to issue additional licenses through a public bidding process.  Under the bill, fifty percent of the fee paid by the highest qualifying bidder would be paid to the municipality that issued the license and the remaining fifty percent would be divided equally among and paid to the plenary retail consumption licensees in the municipality in which the licensed premises is located.

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