Bill Text: NJ S3328 | 2022-2023 | Regular Session | Chaptered
Bill Title: Allows issuance of alcoholic beverage retail license for use in connection with nonprofit movie theaters that promote arts.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2023-07-07 - Approved P.L.2023, c.104. [S3328 Detail]
Download: New_Jersey-2022-S3328-Chaptered.html
An Act concerning alcoholic beverage licenses and amending P.L.1985, c.151 and P.L.2019, c.466.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1985, c.151 (C.33:1-19.7) is amended to read as follows:
C.33:1-19.7 Plenary retail consumption license, issuance to certain nonprofit corporations.
1. The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, may issue a plenary retail consumption license to a nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged. A license issued pursuant to this section shall be used in connection with a premises with a seating capacity of 1,000 persons or more that is primarily used to conduct musical or theatrical performances or concerts.
The license shall authorize the sale of alcoholic beverages by the nonprofit corporation or its restaurant operator who has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control for consumption on the licensed premises:
a. during the two hours immediately preceding performances;
b. during performances, including intermission; and
c. during the two hours immediately following performances.
For the purposes of this section,
"Licensed premises" shall include the premises where the musical or theatrical performance or concert is held and any adjacent premises owned and operated by the licensee.
"Art-house movie theater" means a theater that is principally used for the purpose of showing motion pictures and is operated by a nonprofit arts organization, which demonstrates a commitment to enriching its local community by providing opportunities for participation in the arts, offering arts education opportunities, and promoting regional economic prosperity.
A license issued under the provisions of this section shall not be counted in determining the number of licenses under P.L.1947, c.94 (C.33:1-12.13 et seq.) or under P.L.1968, c.277 (C.40:48-2.40 et seq.).
2. Section 2 of P.L.2019, c.466 (C.33:1-19.8) is amended to read as follows:
C.33:1-19.8 Issuance, retail consumption license, certain nonprofit corporations.
2. The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, may issue a plenary retail consumption license to a nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged. A license issued pursuant to this section shall be used in connection with a premises with a seating capacity of 50 persons or more but less than 1,000 persons that is primarily used to conduct musical or theatrical performances or concerts.
The license shall authorize the sale of alcoholic beverages by the nonprofit corporation or its restaurant operator who has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control for consumption on the licensed premises:
a. during the two hours immediately preceding performances;
b. during performances, including intermission; and
c. for not more than 15 performances in a calendar year, during the two hours immediately following performances.
For the purposes of this section,
"Licensed premises" shall include the premises where the musical or theatrical performance or concert is held and any adjacent premises owned and operated by the licensee.
"Art-house movie theater" means a theater that is principally used for the purpose of showing motion pictures and is operated by a nonprofit arts organization, which demonstrates a commitment to enriching its local community by providing opportunities for participation in the arts, offering arts education opportunities, and promoting regional economic prosperity.
A license issued under the provisions of this section shall not be counted in determining the number of licenses under P.L.1947, c.94 (C.33:1-12.13 et seq.) or under P.L.1968, c.277 (C.40:48-2.40 et seq.).
3. This act shall take effect immediately.
Approved July 7, 2023.
