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S4357
SENATE, No. 4357
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Senator� VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
���� Permits for-profit movie theater 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
to a for-profit entity that regularly operates a motion picture exhibition
facility for which admission is charged.
���� b.��� A license issued
pursuant to this section shall be used only in connection with a qualifying
motion picture exhibition facility as defined in subsection h. of this section.
���� c.���� The license shall
authorize the sale of alcoholic beverages by the for-profit entity who has been
approved pursuant to procedures established by the Division of Alcoholic
Beverage Control for consumption on the licensed premises:
���� (1)�� during the two hours
immediately preceding the showing of first-run motion pictures; and
���� (2)�� during scheduled motion
picture exhibitions conducted at the licensed premises in connection with the
operation of the qualifying motion picture exhibition facility.
���� d.��� Application for the
initial issuance and renewal of each license shall be made to the municipal
governing body on an annual basis.� Except as provided in subsection e. of this
section, the fee for the initial issuance of the license shall be $210,000.� One-third
of the initial issuance fee for the license shall be paid upon the issuance of
the license, one-third of the fee shall be paid nine months from the date of
the issuance of the license, and one-third of the fee shall be paid 18 months
from the date of the issuance of the license.�
���� e.���� If 10 percent of the
alcoholic beverages sold by a motion picture exhibition facility are produced
by holders of a limited brewery license, restricted brewery license, farm
brewery license, plenary winery license, farm winery license, cidery and meadery
license, craft distillery license, or historic distillery license pursuant to
R.S.33:1-10, the fee for the initial issuance of a license issued pursuant to
this section shall be $150,000.
���� f.���� A license issued
pursuant to this section shall remain appurtenant to the qualifying motion
picture exhibition facility for which it is issued and shall not be
transferred, assigned, sold, pledged, or otherwise used in connection with any
other premises or business operation. The license may be used only in
connection with the qualifying motion picture exhibition facility operated by
the licensee. Upon permanent cessation of qualifying motion picture exhibition
operations at the licensed premises, the license shall immediately expire.
���� g.��� 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.).�
���� h.��� For the purposes of this
section:
���� �First-run motion picture� means
an audiovisual work consisting of a series of related images that, when shown
in succession, impart an impression of motion, together with accompanying
sounds, if any, that is newly released for commercial theatrical exhibition to
the general public and exhibited during its initial commercial release period.
���� �For-profit entity� means any
corporation, company, partnership, sole proprietorship, person or entity owning
10 percent or more of the shares thereof.
���� �Licensed premises� means a qualifying
motion picture exhibition facility.
���� �Motion picture exhibition
facility� means a permanently located commercial movie theater or similar fixed
exhibition venue primarily engaged in the exhibition of first-run motion pictures
to the general public for paid admission.
���� 2.��� This act shall take
effect on the first day of the fourth month next following the date of
enactment.
STATEMENT
���� This bill permits for-profit
movie theaters to acquire a plenary retail consumption license under certain
conditions.
���� Under the bill, 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 for-profit entity that operates a motion picture exhibition
facility, commonly known as a movie theater.� A license issued under the bill
authorizes movie theaters to sell alcoholic beverages two hours before a
first-run motion picture is shown and during scheduled motion picture
exhibitions conducted at the licensed premises in connection with the operation
of the qualifying motion picture exhibition facility.
���� The bill requires the
application for the initial issuance and renewal of each license be made to the
municipal governing body on an annual basis.� Under the bill, the fee for the
initial issuance of the license is $210,000.� However, if 10 percent of the
alcoholic beverages sold by a motion picture exhibition facility are produced
by the holders of a limited brewery license, restricted brewery license, farm
brewery license, plenary winery license, farm winery license, cidery and
meadery license, craft distillery license, or historic distillery license, the
fee for the initial issuance of a license issued under the provisions of the
bill is to be $150,000.� One-third of the initial issuance fee for the license
is to be paid when the license is issued, one-third of the fee is to be paid
nine months after the license is issued, and one-third of the fee is to be paid
18 months after the license is issued.�
���� Under current law, a
municipality may issue one plenary retail consumption license for each 3,000 of
its population.� This restriction would not apply to the holder of a plenary
consumption license used in connection with a premises that is primarily used
for the showing of first-run motion pictures in accordance with the bill�s
provisions.