STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblywoman ANNETTE CHAPARRO
District 33 (Hudson)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Co-Sponsored by:
Assemblymen Wirths, Space and Calabrese
SYNOPSIS
Revises law governing theater liquor licenses.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning plenary retail consumption licenses and amending and supplementing P.L.1985, c.151.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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 exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, which regularly conducts 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 with a 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.
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. (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 with a 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.
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:
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.
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.).
3. This act shall take effect immediately.
STATEMENT
This bill authorizes certain small nonprofit theaters to be issued a special license to serve alcoholic beverages for consumption on the licensed premises similar to the license currently issued to theaters with 1,000 or more seats.
Under current law, municipalities are authorized to issue a special plenary retail consumption license, known as a “theater license,” to a nonprofit corporation which conducts musical or theatrical performances or concerts on the premises if there is a seating capacity of 1,000 persons or more. The holder of this special license may only serve alcoholic beverages for consumption on the licensed premises during the performance, as well as two hours before and two hours after the performance.
The bill specifically authorizes a municipality to issue a plenary retail consumption license to a nonprofit corporation exempt from federal income with a seating capacity of at least 50, but less than 1,000 persons, which regularly conducts musical or theatrical performances or concerts for which admission is charged. The provisions of the bill apply only to nonprofit corporations incorporated on the effective date of the act.
Under the bill, both large and small theaters which are issued a theater license are authorized to sell alcoholic beverages for consumption on the licensed premises during the two hours immediately preceding performances and during performances, including intermission. Large and small theaters may serve alcoholic beverages during the two hours immediately following performances, but small theaters are limited to doing so for not more than 15 performances in a calendar year.
Similar to the small theaters, the bill changes the current law governing large theaters by also requiring the nonprofit to be exempt from federal income tax, to charge admission, and to primarily use the theater to conduct musical or theatrical performances or concerts.