P.L. 1996, CHAPTER 127, approved November 20, 1996

Senate No. 896

 

 

 

 

 

 

 

 

An Act concerning the renewal of certain inactive alcoholic beverage licenses and amending P.L.1977, c.246.

 

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

 

    1. Section 1 of P.L.1977, c.246 (C.33:1-12.39) is amended to read as follows:

    1. No Class C license, as the same is defined in R.S.33:1-12, shall be renewed if the same has not been actively used in connection with the operation of a licensed premises within a period of two years prior to the commencement date of the license period for which the renewal application is filed unless the director, for good cause and after a hearing, authorizes a further application for [renewal] one or more renewals within a stated period of years; provided, however that, if the licensee has been deprived of the use of the licensed premises as a result of eminent domain, fire or other casualty, and establishes by affidavit filed with the director that he is making a good faith effort to resume active use of the license in connection with the operation of a licensed premise then the period of two years provided for in this section shall be automatically extended for an additional period of two years.

    Any request for relief under this section shall be accompanied by a nonreturnable filing fee of $100.00 payable to the director.

(cf: P.L.1992, c.188, s.8)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    Current law prohibits the renewal of a Class C (retail) alcoholic beverage license if the license has not been actively used in connection with the operation of a licensed premises within two years, unless the Director of the Division of Alcoholic Beverages Control in the Department of Law and Public Safety authorizes further application following a hearing and upon good cause shown. This bill would permit the director to authorize an application for more than one renewal within a stated period of years. Under current law, an applicant must seek an extension each renewal year, a hearing is required and good cause for renewal must be shown. This bill would give the director discretion to authorize a longer period of time within which an application for renewal may be made to the local issuing authority without further authorization by the director. This will eliminate unnecessary and costly administrative hearings.

 

 

                             

 

Permits the ABC to authorize renewals of certain licenses inactive for more than two years.