Bill Text: NJ S476 | 2010-2011 | Regular Session | Introduced
Bill Title: Removes two plenary retail distribution license limit for certain food stores and liquor stores.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2010-03-11 - Withdrawn from Consideration [S476 Detail]
Download: New_Jersey-2010-S476-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Removes two plenary retail distribution license limit for certain food stores and liquor stores.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain alcoholic beverage licenses, amending R.S.33:1-12, and supplementing Title 33 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The provisions of section 1 of P.L.1962, c.152 (C.33:1-12.31) shall not apply to the acquisition of an additional plenary retail distribution license or licenses or an interest therein when such license is only used for the sale of wine and brewed, malt alcoholic beverages in its original container for consumption off the licensed premises, and is issued to:
(1) a person for use in connection with the operation of a food store at which the retail sale of groceries or other food stuffs is the primary and principal business and constitutes at least 75 percent of the store's total annual sales in the last full calendar year preceding that person's acquisition of the additional plenary retail distribution license or licenses; or
(2) a person who certifies that the additional plenary retail distribution license or licenses is to be used in connection with the operation of a premises at which the sale of wine and brewed, malt alcoholic beverages is the primary and principal business and will constitute at least 90 percent of the store's total inventory.
b. A licensee who acquires an additional plenary retail distribution license pursuant to this section shall be prohibited from acquiring or owning all or part of an interest in more than 10 percent of all plenary retail distribution licenses issued in this State.
c. The acquisition of an additional plenary retail distribution license or licenses pursuant to this section shall be prohibited for use in any municipality wherein an urban enterprise zone is designated pursuant to P.L.1983, c.303 (C.52:27H-60 et seq.) or P.L.2001, c.347 (C.52:27H-66.2 et al.).
d. The provisions of this section shall not affect the interest of any holder of a limited retail distribution license as provided under R.S.33:1-12 that is used in connection with the operation of a grocery store.
2. (New section) a. The holder of a plenary retail distribution license or licenses, acquired after the effective date of this act, who uses such a license, subject to rules and regulations, in connection with the operation of a food store pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall only sell wine and brewed, malt alcoholic beverages on a separate premises that is situated directly adjacent to the food store, and shall be prohibited from selling wine and brewed, malt alcoholic beverages on the food store floor area where groceries or other food stuffs are sold.
b. The separate premises where wine and brewed, malt alcoholic beverages are sold shall have its own entrance and exit way to and from the building, but may also have a doorway that leads directly to and from the food store floor area. In addition, the separate premises shall have a separate cash register which shall be used solely for the purchase of wine and brewed, malt alcoholic beverages and merchandise other than alcoholic beverages which may be sold pursuant to R.S.33:1-12. The cash register shall be programmed to remind the cashier to request that the purchaser produce valid identification demonstrating that the purchaser is of legal age to purchase alcoholic beverages.
c. Nothing in subsection a. of this section shall prohibit the holder of a plenary retail distribution license acquired prior to the effective date of this act who used that license in connection with the operation of a food store from continuing to sell alcoholic beverages on the food store floor area where groceries or other food stuffs are sold.
3. R.S.33:1-12 is amended to read as follows:
33:1-12. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle, and also to sell any alcoholic beverages in original containers for consumption off the licensed premises; but this license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drug store or other mercantile business is carried on, except as hereinafter provided. The holder of this license shall be permitted to conduct consumer wine, beer and spirits tastings and samplings for a fee or on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control. Subject to such rules and regulations established from time to time by the director, the holder of this license shall be permitted to sell alcoholic beverages in or upon the premises in which any of the following is carried on: the keeping of a hotel or restaurant including the sale of mercantile items incidental thereto as an accommodation to patrons; the sale, at an entertainment facility as defined in R.S.33:1-1, having a seating capacity for no less than 4,000 patrons, of mercantile items traditionally associated with the type of event or program held at the site; the sale of distillers', brewers' and vintners' packaged merchandise prepacked as a unit with other suitable objects as gift items to be sold only as a unit; the sale of novelty wearing apparel identified with the name of the establishment licensed under the provisions of this section; the sale of cigars, cigarettes, packaged crackers, chips, nuts and similar snacks and ice at retail as an accommodation to patrons, or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages; or, in commercial bowling establishments, the retail sale or rental of bowling accessories and the retail sale from vending machines of candy, ice cream and nonalcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at not less than $250 and not more than $2,500. No ordinance shall be enacted which shall raise or lower the fee to be charged for this license by more than 20% from that charged in the preceding license year or $500.00, whichever is the lesser. The governing board or body of each municipality may, by ordinance, enact that no plenary retail consumption license shall be granted within its respective municipality.
The holder of this license shall be permitted to obtain a restricted brewery license issued pursuant to subsection 1c. of R.S.33:1-10 and to operate a restricted brewery immediately adjoining the licensed premises in accordance with the restrictions set forth in that subsection. All fees related to the issuance of both licenses shall be paid in accordance with statutory law.
Seasonal retail consumption license. 2. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle, and also to sell any alcoholic beverages in original containers for consumption off the licensed premises, during the summer season from May 1 until November 14, inclusive, or during the winter season from November 15 until April 30, inclusive; but this license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drug store or other mercantile business is carried on, except as hereinafter provided. Subject to such rules and regulations established from time to time by the director, the holder of this license shall be permitted to sell alcoholic beverages in or upon the premises in which any of the following is carried on: the keeping of a hotel or restaurant including the sale of mercantile items incidental thereto as an accommodation to patrons; the sale of distillers', brewers' and vintners' packaged merchandise prepacked as a unit with other suitable objects as gift items to be sold only as a unit; the sale of novelty wearing apparel identified with the name of the establishment licensed under the provisions of this section; the sale of cigars, cigarettes, packaged crackers, chips, nuts and similar snacks and ice at retail as an accommodation to patrons; or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at 75% of the fee fixed by said board or body for plenary retail consumption licenses. The governing board or body of each municipality may, by ordinance, enact that no seasonal retail consumption license shall be granted within its respective municipality.
Plenary retail distribution license. 3. a. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers; except that licensees shall be permitted to conduct consumer wine tastings and samplings on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control, provided, however:
(1) patrons are limited to four one-and-one-half ounce samples in any 24-hour period;
(2) samples are not offered to, or allowed to be consumed by, any person under the legal age for consuming alcoholic beverages or intoxicated person;
(3) samples are not offered when the sale of alcoholic beverages is otherwise prohibited; and
(4) tastings and samplings are confined to the licensed premises and all wine used in the tastings and samplings shall be owned by the licensee conducting these tastings and samplings.
Notwithstanding the imposition of any other penalty that may be lawfully imposed, a person who violates paragraphs (1) through (4) of this subsection shall be fined an amount to be established by the division.
The governing board or body of each municipality may, by ordinance, enact that this license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, except that any such ordinance, heretofore or hereafter adopted, shall not prohibit the retail sale of distillers', brewers' and vintners' packaged merchandise prepacked as a unit with other suitable objects as gift items to be sold only as a unit; the sale of novelty wearing apparel identified with the name of the establishment licensed under the provisions of this act; cigars, cigarettes, packaged crackers, chips, nuts and similar snacks, ice, and nonalcoholic beverages as accessory beverages to alcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at not less than $125 and not more than $2,500. No ordinance shall be enacted which shall raise or lower the fee to be charged for this license by more than 20% from that charged in the preceding license year or $500.00, whichever is the lesser. The governing board or body of each municipality may, by ordinance, enact that no plenary retail distribution license shall be granted within its respective municipality.
A license transfer fee shall be imposed on the initial transfer of each plenary retail distribution license, which pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), is transferred to a licensee holding two or more licenses. This license transfer fee, which shall be equal to 10 percent of the price paid for the plenary retail distribution license, shall be paid by the acquiring licensee, at the time that the plenary retail distribution license is transferred, to the chief law enforcement officer of the municipality in which the licensed premises is situated or, if the municipality does not have a local police department, to the Superintendent of State Police. The amount paid by the licensee to the chief law enforcement officer or the superintendent shall only be used to enforce intoxicated driving related statutes under Title 39 of the Revised Statutes and for law enforcement initiatives to prevent the consumption of alcoholic beverages by underage persons.
Limited retail distribution license. 3. b. The holder of this license shall be entitled, subject to rules and regulations, to sell any unchilled, brewed, malt alcoholic beverages in quantities of not less than 72 fluid ounces for consumption off the licensed premises, but only in original containers; provided, however, that this license shall be issued only for premises operated and conducted by the licensee as a bona fide grocery store, meat market, meat and grocery store, delicatessen, or other type of bona fide food store at which groceries or other foodstuffs are sold at retail; and provided further that this license shall not be issued except for premises at which the sale of groceries or other foodstuffs is the primary and principal business and at which the sale of alcoholic beverages is merely incidental and subordinate thereto. The fee for this license shall be fixed by the governing body or board of the municipality in which the licensed premises are situated, by ordinance, at not less than $31 and not more than $63. The governing board or body of each municipality may, by ordinance, enact that no limited retail distribution license shall be granted within its respective municipality.
Plenary retail transit license. 4. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages, for consumption only, on railroad trains, airplanes, limousines and boats, while in transit. The fee for this license for use by a railroad or air transport company shall be $375, for use by the owners of limousines shall be $31 per vehicle, and for use on a boat shall be $63 on a boat 65 feet or less in length, $125 on a boat more than 65 feet in length but not more than 110 feet in length, and $375 on a boat more than 110 feet in length; such boat lengths shall be determined in the manner prescribed by the Bureau of Customs of the United States Government or any federal agency successor thereto for boat measurement in connection with issuance of marine documents. A license issued under this provision to a railroad or air transport company shall cover all railroad cars and planes operated by any such company within the State of New Jersey. A license for a boat or limousine issued under this provision shall apply only to the particular boat or limousine for which issued, and shall permit the purchase of alcoholic beverages for sale or service in a boat or limousine to be made from any Class A and B licensee or from any Class C licensee whose license privilege permits the sale of alcoholic beverages in original containers for off-premises consumption. An interest in a plenary retail transit license issued in accordance with this section shall be excluded in determining the maximum number of retail licenses permitted under P.L.1962, c.152 (C.33:1-12.31 et seq.).
Club license. 5. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages but only for immediate consumption on the licensed premises and only to bona fide club members and their guests. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at not less than $63 and not more than $188. The governing board or body of each municipality may, by ordinance, enact that no club licenses shall be granted within its respective municipality. Club licenses may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic, or similar purposes, and not for private gain, and which comply with all conditions which may be imposed by the Director of the Division of Alcoholic Beverage Control by rules and regulations.
The provisions of section 23 of P.L.2003, c.117 amendatory of this section shall apply to licenses issued or transferred on or after July 1, 2003, and to license renewals commencing on or after July 1, 2003.
(cf: P.L.2003, c.279. s.1)
4. This act shall take effect on the first day of the thirteenth month following enactment.
STATEMENT
Currently, the law prohibits any person or corporate entity from holding more than two retail licenses to sell alcoholic beverages. The bill allows licensees to hold more than two plenary retail distribution licenses when the license or licenses are used only for the sale of beer and wine, and in connection with the operation of a food store, or in connection with the operation of a liquor store when the licensee certifies that at least 90 percent of the store's inventory is to be beer and wine.
The bill stipulates that a licensee who acquires additional plenary retail distribution licenses is prohibited from acquiring or owning all or part of an interest in more than 10 percent of all plenary retail distribution licenses issued in this State. The bill also prohibits the acquisition of an additional plenary retail distribution license or licenses for use in connection with a food or liquor store located in any municipality wherein an urban enterprise zone is designated.
Further, the bill sets certain safeguards against underage drinking by requiring that food stores sell beer and wine in a separate premise that is situated directly adjacent to the food store, and prohibits food stores from selling beer and wine on the floor area where groceries or other food stuffs are sold. The bill requires that areas designated for selling beer and wine have a separate entrance and exit, but allows for a doorway that leads directly to and from the food store floor area. A separate cash register that is programmed to remind the cashier to request that a purchaser show proper identification is also required under the bill. The bill provides that food stores which sold alcoholic beverages prior to the enactment of the bill would still be able to sell alcoholic beverages in the food store floor area.
Finally, the bill specifies that licensees who acquire additional plenary retail distribution licenses are required to pay a license transfer fee on each license that they acquire. The transfer fee is set at 10 percent of the amount that the licensee paid for the license and is payable to the local police department of the municipality in which the licensed premises is located, or if the municipality does not have a local police department, to the Superintendent of State Police. The amount paid by the licensee to the local police department or to the Superintendent of State Police is to be used to enforce the intoxicated driving statutes and for law enforcement initiatives to prevent underage drinking.
