Permits certain farm-to-table restaurants to acquire plenary retail consumption license.

A5106

ASSEMBLY, No. 5106

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 18, 2026

Sponsored by:

Assemblyman� ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS

���� Permits certain farm-to-table restaurants to acquire
plenary retail consumption license.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning alcoholic beverage licenses and
supplementing Title 33 of the Revised Statutes.

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

���� 1.��� a.� 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 for
use in connection with the premises of a farm-to-table restaurant that satisfies
the requirements of subsection b. of this section.

���� b.��� A license issued
pursuant to this section shall be used only in connection with a premises operated
as a farm-to-table restaurant that:

���� (1)�� produces, on a farm
operated by the licensee, at least 50 percent of the agricultural food products
directly sold to consumers on the licensed premises;

���� (2)�� is designated as a �farm-to-table
restaurant� by the Division of Travel and Tourism in the Department of State
pursuant to P.L.2018, c.154 (C.34:1A-53.3) or any successor program;

���� (3)�� is in compliance with
all applicable provisions of the New Jersey Uniform Construction Code pursuant
to N.J.A.C.5:23-1.1 et seq.; and

���� (4)�� is in compliance with
the rules and regulations established by the Department of Health pursuant to
N.J.A.C.8:24-1.1 et seq., the State Sanitary Code, and any other applicable law
of this State.

���� If a holder of a license
issued pursuant to this section fails to comply with the requirements of this
subsection, the license shall be subject to revocation by the issuing
authority.

���� c.���� A license issued
pursuant to this section shall authorize the sale of alcoholic beverages for
consumption on the licensed premises in accordance with the provisions of Title
33 of the Revised Statutes and rules and regulations promulgated by the
Director of the Division of Alcoholic Beverage Control.�

���� d.��� A license issued
pursuant to this section shall not be subject to any initial or annual fee
imposed pursuant to R.S.33:1-12, or to any other fee ordinarily imposed by the
issuing authority or the Division of Alcoholic Beverage Control.

���� e.���� (1) A license issued
pursuant to this section shall not be transferred to another person or to
another premises and shall be valid only for use in connection with the
premises of the farm-to-table restaurant for which the license was issued.�

���� (2)�� 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.).

���� f.���� For the purposes of
this section:

���� �Farm-to-table restaurant� means
any retail food establishment, as defined in N.J.A.C.8:24-1.5, that is owned or
operated by a commercial farm, as defined in section 3 of P.L.1983, c.31
(C.4:1C-3), that is located on-farm or off-farm premises and sells directly to
consumers agricultural food products produced by the farm.

���� �Licensed premises� means the
premises for which a plenary retail consumption license issued pursuant to this
section is granted and any adjacent premises operated by the licensee and
approved by the issuing authority and the Director of the Division of Alcoholic
Beverage Control.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill permits certain
farm-to-table restaurants to acquire a plenary retail consumption license.

���� Farm-to-table restaurants,
under the bill, are retail food establishments owned or operated by a
commercial farm that sells agricultural food products directly to consumers
from the farm.� The restaurant can be located on or off the farm premises.

���� This bill authorizes the
governing body of a municipality, upon approval of the Director of the Division
of Alcoholic Beverage Control, to issue a plenary retail consumption license
for use in connection with the premises of a farm-to-table restaurant. �To
qualify, the restaurant is required to produce, on a farm operated by the
licensee, at least 50 percent of the agricultural food products directly sold
to consumers on the licensed premises.� The restaurant is also required to be
designated as a �farm-to-table restaurant� by the Division of Travel and
Tourism. �Additionally, the restaurant is to comply with applicable provisions
of the New Jersey Uniform Construction Code, the State Sanitary Code, rules and
regulations of the Department of Health, and any other applicable law of this
State.

���� The license authorizes the
sale of alcoholic beverages for consumption on the licensed premises in
accordance with Title 33 of the Revised Statutes and rules and regulations
promulgated by the Director of the Division of Alcoholic Beverage Control. �The
license is not subject to the initial or annual fees ordinarily imposed for
plenary retail consumption licenses.

���� A license issued pursuant to
the bill is not transferable to another person or premises and is valid only
for use in connection with the farm-to-table restaurant for which it is issued.�
If the license holder fails to comply with the eligibility requirements
established in the bill, the license is subject to revocation by the issuing
authority.

���� Under current law, a
municipality may issue one plenary retail consumption license for every 3,000
residents. �However, licenses issued under the bill are not counted in
determining the number of plenary retail consumption licenses permitted in a
municipality. �