ASSEMBLY, No. 1090
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen CORODEMUS and BATEMAN
An Act concerning seasonal retail consumption licenses, amending P.L.1947, c.94, P.L.1975, c.275, and P.L.1981, c.416 and supplementing Title 33 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Upon application by the holder of a seasonal retail consumption license issued pursuant to R.S.33:1-12 and payment of the appropriate fee, the municipality may convert the seasonal retail consumption license to a plenary retail consumption license issued pursuant to R.S.33:1-12. The holder of the converted license shall be permitted to exercise all privileges granted to the holder of a plenary retail consumption license. The director shall promulgate rules and regulations to effectuate the purposes of this act. The municipality may not unreasonably withhold approval if so requested by the holder.
2. (New section) a. After the effective date of this act, a municipality shall not issue a new seasonal retail consumption license as provided for in R.S.33:1-12 except as provided in subsection c. of this section.
b. Nothing in this act shall prevent the renewal of a seasonal retail consumption license existing on the effective date of this act, or the transfer of such a license or the renewal of a license so transferred.
c. Nothing in this act shall be deemed to prevent the issuance of a new seasonal retail consumption license to a person who files application therefor within sixty days following the expiration of the license renewal period if the director shall determine in writing that the applicant's failure to apply for the license renewal was due to circumstances beyond the applicant's control.
3. Section 2 of P.L.1947, 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] plenary retail consumption and seasonal retail consumption licenses existing in the municipality is fewer than one for each 3,000 of its population as shown by the last then preceding Federal census; and 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 as shown by the last then preceding Federal census.
(cf: P.L.1971, c.196, s.1)
4. Section 3 of P.L.1947, c.94 (C.33:1-12.15) is amended to read as follows:
3. Nothing in this act shall prevent the issuance and existence of one plenary [or seasonal] retail consumption license and one plenary retail distribution license, or the existence of one seasonal retail consumption license and the issuance or existence of one plenary retail distribution license in a municipality whose population as shown by the last then preceding Federal census is less than one thousand.
(cf: P.L.1947, c.94, s.3)
5. Section 5 of P.L.1947, c.94 (C.33:1-12.17) is amended to read as follows:
5. Nothing in this act shall be deemed to prevent the [issuance] renewal of a [new] seasonal retail consumption license to a person who held such a license in the municipality for the same premises, and for the same seasonal period, during the then next preceding summer or winter season, nor shall anything in this act prevent the transfer of such a license so issued.
(cf: P.L.1947, c.94, s.5)
6. Section 1 of P.L.1975, c.275 (C.33:1-19.1) is amended to read as follows:
1. Whenever a municipality is authorized to issue one or more new or additional plenary retail consumption[, seasonal retail consumption] or plenary retail distribution licenses and the governing body by resolution determines to permit the issuance thereof, the governing body shall cause to be published a notice of the proposed issuance of said license or licenses and that applications therefor will be accepted by the governing body or in municipalities having a municipal board of alcoholic beverage control or municipal excise commission, by the board or commission, as the case may be. The notice shall specify a time and date after which no further applications will be accepted. The notice shall be published in a newspaper circulating generally in the municipality by not less than two insertions, 1 week apart, the second of which shall be made not less than 30 days prior to the time and date specified in the notice as the time and date after which no further applications will be accepted.
(cf: P.L.1975, c.275, s.1)
7. Section 1 of P.L.1981, c.416 (C.33:1-19.3) is amended to read as follows:
1. Whenever a municipality is authorized to issue one or more plenary retail consumption [, seasonal retail consumption] or plenary retail distribution licenses and the governing body determines to permit the issuance thereof, the governing body by resolution may authorize that such license or licenses be issued to the highest qualified bidder therefor and shall conduct a public sale for such purpose or direct that such a sale be conducted by the municipal board of alcoholic beverage control or municipal excise commission in a municipality where such board or commission exists. The governing body by resolution may also prescribe qualifications for prospective bidders including the requirement that a licensee, as a condition of the award of the license, shall operate a restaurant, public accommodation or other facility; provided, however, that no municipal license requirement is contrary or inconsistent with law, rule or regulation. The governing body may, by resolution, fix a minimum bid and conditions of sale with the reservation of the right to reject all bids where the highest bid is not accepted.
(cf: P.L.1981, c.416, s.1)
8. This act shall take effect immediately.
STATEMENT
This bill permits a municipality to convert, upon the application of the licensee, a seasonal retail consumption license to a plenary retail consumption license. The bill also prohibits municipalities from issuing new seasonal retail consumption licenses, but allows existing licenses to be renewed.
Under current law, a seasonal retail consumption licensee is permitted to sell alcoholic beverages at retail during the summer season from May 1st through November 14th or during the winter season from November 30th through April 30th. The fee for this license is set by the municipality at 75 percent of the fee for a plenary retail consumption license.
The seasonal retail consumption license was established in 1942 when the summer populations of resort communities decreased drastically in the fall and winter. In recent years, the year-round populations of many resort towns have increased substantially, thereby allowing their local economies to support the year-round operation of bars and restaurants. There are approximately 17 seasonal retail consumption licenses remaining in the State.
Permits conversion of seasonal retail consumption license to plenary retail consumption license; prohibits new seasonal licenses.