SENATE, No. 3328

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED NOVEMBER 14, 2022

 


 

Sponsored by:

Senator  VIN GOPAL

District 11 (Monmouth)

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Assemblyman  STERLEY S. STANLEY

District 18 (Middlesex)

 

Co-Sponsored by:

Senators O'Scanlon, Johnson, Ruiz, Assemblywomen Park and Haider

 

 

 

 

SYNOPSIS

     Allows issuance of alcoholic beverage retail license for use in connection with nonprofit movie theaters that promote arts. 

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning alcoholic beverage licenses and amending P.L.1985, c.151 and P.L.2019, c.466.

 

     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] The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, [to] may 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 operates as an art-house movie theater or 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 1,000 persons or more 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.     during the two hours immediately following performances.

     For the purposes of this section,

     ["licensed premises"] “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.

     “Art-house movie theater” means a theater that is principally used for the purpose of showing motion pictures and is operated by a nonprofit arts organization, which demonstrates a commitment to enriching its local community by providing opportunities for participation in the arts, offering arts education opportunities, and promoting regional economic prosperity.

     A license issued under the provisions of this [act] section 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.2019, c.466, s.1)

 

     2.    Section 2 of P.L.2019, c.466 (C.33:1-19.8) is amended to read as follows: 

     2.    [It shall be lawful for the] The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, [to] may 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 operates as an art-house movie theater or 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"] “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.

     “Art-house movie theater” means a theater that is principally used for the purpose of showing motion pictures and is operated by a nonprofit arts organization, which demonstrates a commitment to enriching its local community by providing opportunities for participation in the arts, offering arts education opportunities, and promoting regional economic prosperity. 

     A license issued under the provisions of this [act] section 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.2019, c.466, s.2) 

 

     3.    This act shall take effect immediately. 

 

 

STATEMENT

 

This bill allows the governing body of a municipality to issue a plenary retail consumption license to a person or nonprofit entity for use in connection with an art-house movie theater.  The bill defines “art-house movie theater” as a theater that is principally used for showing motion pictures and is operated by a nonprofit arts organization, which demonstrates a commitment to enriching its local community by providing opportunities for participation in the arts, offering arts education opportunities, and promoting regional economic prosperity.

     Under current law, municipalities are authorized to issue a special plenary retail consumption license, known as a “theater license,” to a nonprofit corporation that conducts musical or theatrical performances or concerts on the licensed premises.  The holder of this special license may serve alcoholic beverages for consumption on the licensed premises during the performance and two hours prior to the performance.  In addition, large and small theaters may serve alcoholic beverages during the two hours immediately following performances, but small theaters established prior to the effective date of P.L.2019, c.466 with a seating capacity between 50 and 1,000 are limited to doing so for not more than 15 performances in a calendar year.

     Theater licenses are not subject to the population restriction placed on plenary retail consumption licenses (for bars and restaurants), which are limited to one for each 3,000 residents in a municipality.

     This bill extends the issuance of these theater licenses to nonprofit movie theaters that enrich their local communities by promoting the arts.