Bill Text: NJ A1526 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits certain municipalities to purchase retail alcoholic beverage licenses regardless of population restrictions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A1526 Detail]
Download: New_Jersey-2012-A1526-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Permits certain municipalities to purchase retail alcoholic beverage licenses regardless of population restrictions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning plenary retail consumption licenses and amending P.L.1947, c.94.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1947, c.94 (C.33:1-12.14) is amended to read as follows:
2. a. Except as otherwise provided in this [act] P.L.1947, c.94 and subsection b. of this section, no new plenary retail consumption or seasonal retail consumption license shall be issued in a municipality unless and until the combined total number of such licenses existing in the municipality is fewer than one for each 3,000 of its population according to the most recent estimates issued by the U.S. Bureau of the Census; provided, however, in the year that the official federal decennial counts are received by the Governor, those federal decennial counts shall be used. No new plenary retail distribution license shall be issued in a municipality unless and until the number of such licenses existing in the municipality is fewer than one for each 7,500 of its population according to the most recent estimates issued by the U.S. Bureau of the Census; provided, however, in the year that the official federal decennial counts are received by the Governor, those federal decennial counts shall be used.
b. The governing body of a municipality in which the number of plenary retail consumption licenses has reached the population limitation provided in subsection a. of this section may purchase additional licenses from another municipality in this State for fair market value, provided that the governing body of the municipality selling the license and the governing body of the municipality purchasing the license mutually agree upon the terms of the sale. Upon the sale of any plenary retail consumption license as provided in this subsection, the license may be issued to an applicant for use in connection with the operation of a premises located within the municipality that purchased the license.
(cf: P.L.1999, c.189, s.1)
2. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill permits a municipality to issue a plenary retail consumption license (for bars and restaurants) which was purchased for fair market value from another municipality in the State of New Jersey.
Under current law, a municipality may issue plenary retail consumption licenses until the combined total number in the municipality is fewer than one license for each 3,000 persons. Because of these restrictions, there is a shortage of these licenses in some municipalities. This bill addresses this shortage by allowing a municipality to purchase for fair market value a license from another municipality as long as the governing bodies of the selling and purchasing municipalities approve.
