A1478 2R

Sponsored by:

Assemblywoman ANNETTE CHAPARRO

District 33 (Hudson)

Assemblyman REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblywoman VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Senator PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Senator THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

Co-Sponsored by:

Assemblymen Wirths, Space, Calabrese, Senators Oroho, Doherty, O'Scanlon, Gopal, Testa, Assemblywoman Reynolds-Jackson, Assemblyman Karabinchak, Assemblywoman DiMaso, Assemblymen Houghtaling and Freiman

SYNOPSIS

Revises law governing theater liquor licenses.

CURRENT VERSION OF TEXT

As reported by the Senate Law and Public Safety Committee on December 9, 2019, with amendments.

An Act concerning plenary retail consumption licenses and amending ²and supplementing² P.L.1985, c.151.

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

²[1. Section 1 of P.L.1985, c.151 (C.33:1-19.7) is amended to read as follows:

1. It shall be lawful for the governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, to issue a plenary retail consumption license to a nonprofit corporation ¹exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code¹, which regularly conducts musical or theatrical performances or concerts, for which admission is charged, on premises witha seating capacity of [1,000] ¹[100] 50¹ persons or more, which premises is primarily used for the conducting of musical or theatrical performances or concerts, authorizing the sale of alcoholic beverages by the nonprofit corporation or its restaurant operator who has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control for consumption on the licensed premises ¹[only] as follows:

a. during the two hours immediately preceding performances;

b.¹ during performances ¹[and] , including during intermission;

c. for theaters with a seating capacity of 1,000 persons or more, during¹ the two hours immediately ¹[preceding and the two hours immediately]¹ following performances ¹; and

d. for theaters with a seating capacity of 50 persons or more but less than 1,000 persons, during the two hours immediately following performances, provided that consumption on the licensed premises pursuant to this subsection is limited to not more than 15 performances during a calendar year¹ .

For the purposes of this section, "licensed premises" shall include the premises where the musical or theatrical performance or concert is held and any adjacent premises owned and operated by the licensee.

A license issued under the provisions of this act 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.).

(cf: P.L.1994, c.18, s.1)]²

²1. Section 1 of P.L.1985, c.151 (C.33:1-19.7) is amended to read as follows:

1. It shall be lawful for the governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, to issue a plenary retail consumption license to a nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, which regularlyconducts musical or theatrical performances or concerts [on] for which admission is charged. A license issued pursuant to this section shall be used in connection with a premises witha seating capacity of 1,000 persons or more [, authorizing] that is primarily used to conduct musical or theatrical performances or concerts.

The license shall authorize the sale of alcoholic beverages by the nonprofit corporation or its restaurant operator who has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control for consumption on the licensed premises [only]:

a. during the two hours immediately preceding performances;

b. during performances, including intermission; and [the two hours immediately preceding and]

c. during the two hours immediately following performances.

(cf: P.L.1994, c.18, s.1)

²2. (New section) It shall be lawful for the governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, to issue a plenary retail consumption license to a nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code that is incorporated on the effective date of this act, which regularly conducts musical or theatrical performances or concerts for which admission is charged. A license issued pursuant to this section shall be used in connection with a premises witha seating capacity of 50 persons or more but less than 1,000 persons that is primarily used to conduct musical or theatrical performances or concerts.

a. during the two hours immediately preceding performances;

b. during performances, including intermission; and

c. for not more than 15 performances in a calendar year, during the two hours immediately following performances.

²[2.] 3.² This act shall take effect immediately.