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A1535
ASSEMBLY, No. 1535
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
���� Allows seasonal retail consumption alcoholic beverage
license holder to exchange license for full-year consumption license.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning alcoholic beverage licenses and
amending R.S.33:1-12.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
����
1.��� R.S.33:1-12
is amended to read as follows:��
���� R.S.33:1-12.� Class C licenses
shall be subdivided and classified as follows:
���� Plenary retail consumption
license. 1. 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
tasting events 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, provided however, that the holder of this license complies
with the terms and conditions set forth in section 3 of P.L.2009, c.216
(C.33:1-12d).� 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. (1) 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.
���� (2)� In addition, the director
shall issue to the holder of this license, upon request by the licensee,
one-day permits that shall entitle the license holder to sell alcoholic
beverages for consumption on the licensed premises during the season when the
license holder is not authorized to sell alcoholic beverages pursuant to
subparagraph (1) of this subsection.� The number of one-day permits issued to a
licensee pursuant to this subsection shall not exceed an aggregate of 14
permits in one calendar year.� A one-day permit issued pursuant to this
subsection shall be valid for 24 consecutive hours.� The fee for each one-day
permit shall be $500.
���� The governing body of the
municipality in which the licensed premises is situated may place reasonable
conditions upon a one-day permit for the purpose of maintaining public safety
on the licensed premises and immediately surrounding area.� The costs associated
with the reasonable conditions placed on the one-day permit shall be assumed by
the holder of this license.
���� (3)� 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.
����
(4)� A person who held this
license prior to the effective date of P.L.��� , c.��� (pending before the
Legislature as this bill) and wishes to exchange the license for a plenary
retail consumption license may surrender the license to the issuing authority,
who shall convert the license to a plenary retail consumption license.
Thereafter, the licensee may sell any alcoholic beverages during 12 months of
each year in accordance with the provisions of this section.� The governing
board or body of the municipality in which the licensed premises is situated
shall not prohibit the holder of this license from converting it in accordance
with this subsection or limit the licensee from exercising the same privileges
as the holder of a plenary retail consumption license.�� A person who converts
this license shall be entitled to sell alcoholic beverages on the same days and
during the same hours as other plenary retail consumption license holders
within the same municipality.�
����
The fee to convert this
license shall be based upon the average sales price of plenary retail
consumption licenses in the municipality in which the licensed premises is
located during the two years immediately preceding the effective date of
P.L.��� , c.��� (pending before the Legislature as this bill).� If no plenary
retail consumption licenses have been sold in the municipality or
municipalities during the two years immediately preceding the effective date of
P.L.��� , c.��� (pending before the Legislature as this bill), the fee shall be
based
upon the average sales price of the last three
plenary retail consumption licenses sold prior to the effective date of P.L.���
, c��� (C.������� ) (pending before the Legislature as this bill).
� If
the licensed premises is located within the boundaries of two or more
municipalities, the highest average sale price of the two or more
municipalities shall be used to calculate the fee.� The calculation to
determine the fee shall not include de minimis or related party transfer
sales.� The fee to convert this license shall not exceed $250,000.�
����
A person who exchanges this
license also shall pay the annual fee established by the issuing authority for
holding a plenary retail consumption license.
���� 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, beer, and spirits tasting events and
samplings on a complimentary basis pursuant to conditions established by rules
and regulations of the Division of Alcoholic Beverage Control, provided
however, that the holder of this license complies with the terms and conditions
set forth in section 3 of P.L.2009, c.216 (C.33:1-12d).
���� 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.
���� 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.
���� Sporting facility license. 6.
The holder of this license shall be entitled, subject to rules and regulations,
to sell at retail or to serve any alcoholic beverages as the owner, operator,
lessee, or concessionaire of a sporting facility by the glass or other
receptacle or in original containers only on the premises of the sporting
facility.
���� Notwithstanding any other
provision of Title 33 of the Revised Statutes and subject to conditions
established by the director, the holder of this license may share direction and
control of the premises to be licensed and share proceeds and profits from the
sale of alcoholic beverages with the owner, operator, concessionaire, or lessee
of the facility.� The holder of this license shall be permitted to conduct
consumer wine, beer, and spirits tasting events and samplings for a fee or on a
complimentary basis provided, however, the license holder complies with the
provisions of section 3 of P.L.2009, c.216 (C.33:1-12d) and rules and
regulations promulgated thereto.� Notwithstanding any law, rule or regulation
to the contrary, the holder of this license shall be entitled to establish an
all-inclusive area within the licensed sporting facility, provided the
all-inclusive area is limited to one area within the sporting facility for each
game or event and the capacity of the all-inclusive area does not exceed 500 persons.
���� The fee for this license shall
be $2,500 for venues with a capacity of less than 7,500 persons; $5,000 for
venues with a capacity of not less than 7,500 persons but not more than 14,999
persons; $7,500 for venues with a capacity of not less than 15,000 persons but
not more than 22,499 persons; and $10,000 for venues with a capacity of 22,500
persons or more.
���� For the purposes of this
subsection:
���� "Sporting facility"
means a stadium, arena, team training facility, or similar venue located on
public property where alcoholic beverages are served or sold at retail for
consumption on the premises by the glass or other open receptacle or in original
containers.
���� "Team training
facility" shall include team offices and team headquarters.
(cf: P.L.2018, c.147, s.1)
���� 2.��� This act shall take
effect on the first day of the fourth month following the date of enactment.
STATEMENT
���� This bill allows a person who
held a seasonal retail consumption license prior to the bill�s effective date
to surrender the license to the issuing authority, which then may exchange the
license for a plenary retail consumption license.� This license will permit the
licensee to sell alcoholic beverages for consumption on the licensed premises
throughout the entire year.
���� Under the bill, a person who
exchanges a seasonal retail consumption license would have the same privileges
and be entitled to sell alcoholic beverages during the same times and days as
other plenary retail consumption license holders in the same municipality.�
The fee to convert a seasonal
license would be based upon the average sales price of plenary retail
consumption licenses in the municipality in which the licensed premises is
located during the two years immediately preceding the bill�s effective date.� If
a plenary retail consumption license has not been sold during the two years
immediately preceding the bill�s effective date, the fee is to be based
upon the average sales price of the last three plenary
retail consumption licenses sold preceding the bill�s effective date.
�
If the licensed premises is located within the boundaries of two or more
municipalities, the highest average sale price of the two or more
municipalities would be used to calculate the fee.� The calculation to
determine the fee would not include de minimis or related party transfer
sales.� The fee to convert a seasonal license would not exceed $250,000.� A
person who exchanges a license would also be required to pay the same annual
fee as a plenary retail consumption license holder.�
����
A seasonal retail consumption license allows for the sale of alcoholic
beverages for on-site consumption for a limited time during the summer or
winter season. A license issued during the summer season allows the licensee to
serve alcoholic beverages from May 1 through November 14.� The holder of a
winter seasonal license may sell alcoholic beverages from November 15 to April
30.
����
A seasonal license is subject to the same population restrictions as a
plenary retail consumption license, and is included in the total number of
consumption licenses that a municipality may issue. A municipality may issue one
of
these licenses -both seasonal and
plenary retail consumption- for each 3,000 persons residing in the municipality.�
Therefore, the bill does not allow for the issuance of new licenses, but rather
allows seasonal licensees to sell alcoholic beverages during the entire year.