Sponsored by:
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
SYNOPSIS
Revises population formula for issuance of certain plenary retail consumption licenses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain alcoholic beverage licenses and amending P.L.1989, c.94.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1989, c.94 (C.33:1-12.14) is amended to read as follows:
2. Except as otherwise provided in this act, 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] these licenses and plenary retail consumption licenses with broad package privileges 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.
(cf: P.L.1999, c.189, s.1)
2. This act shall take effect on the first day of the second month after enactment.
STATEMENT
This bill revises the formula for issuing certain plenary retail consumption licenses, which are the licenses issued to bars and restaurants that authorize them to serve alcoholic beverages.
Under current law, a municipality may issue one plenary retail consumption license for each 3,000 members of its population. A municipality may issue one plenary retail distribution license for each 7,500 of its population; this is the license issued to liquor stores and package goods stores.
Beginning in 1948, certain plenary retail consumption licenses issued by municipalities granted the license holder the right to sell package goods in an area beyond the principal public barroom of the licensed premises. These licenses, commonly known as plenary retail consumption licenses with broad package privileges, are not currently being issued, although an existing license may be renewed or transferred.
For purposes of the population limitations in current law, plenary retail consumption licenses with broad package privileges are counted as plenary retail consumption licenses. Many of these licenses, however, are being used in a manner that conforms to the Division of Alcoholic Beverage Control's definition of a plenary retail distribution license.
Under the provisions of this bill, plenary retail consumption licenses with broad package privileges would be counted with plenary retail distribution licenses for purposes of the statutory population limitation.