SENATE, No. 2670

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED MAY 16, 2022

 


 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Senator  VIN GOPAL

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Allows small private theater used for musical or theatrical performances to acquire alcoholic beverage retail license. 

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning alcoholic beverages and supplementing Title 33 of the Revised Statutes. 

 

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

 

     1.  a.  As used in this section, “licensed premises” shall include the premises where musical or theatrical performances or concerts are held and any adjacent premises owned and operated by the licensee.

     b.  It shall be lawful for the governing board or body of a municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, to issue a plenary retail consumption license to a private theater entity that is incorporated on the effective date of this act, which regularly conducts a majority of live musical or theatrical performances or concerts for which admission is charged.

     c.  A license issued pursuant to this section shall be used in connection with a premises with a seating capacity of less than 400 persons and that is used primarily to conduct live musical or theatrical performances or concerts. The license shall a private entity, including a corporation, or its restaurant operator who has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control to sell alcoholic beverages for consumption on the licensed premises.

     d.  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.).

 

     2. This act shall take effect immediately. 

 

 

STATEMENT

    

     This bill allows the governing body of a municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control (ABC), to issue a plenary retail consumption license for use in connection with a private theater entity that conducts a majority of live musical or theatrical performances or concerts. 

     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.

     This bill specifically authorizes a municipality to issue a plenary retail consumption license to a private entity that operates a small theater with a seating capacity of less than 400 persons which regularly conducts musical or theatrical performances or concerts for which admission is charged.  The license would authorize a private entity, including a corporation, or its restaurant operator who has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control to sell alcoholic beverages for consumption on the licensed premises.

     Under current law, a municipality may issue one plenary retail consumption license for each 3,000 of its population.  This restriction would not apply to the holder of a plenary retail consumption license used in connection a small theater in accordance with the bill’s provisions.