STATEMENT TO

ASSEMBLY, No. 3906

with Assembly Floor Amendments

(Proposed by Assemblywoman Peterpaul)

ADOPTED: MAY 13, 2024

      Assembly Bill No. 3906 removes from current law a time limitation imposed on municipalities to issue special alcoholic beverage consumption licenses for use in a project area located in a former federal military installation. 

      Under current law, a municipality is limited as to the number of plenary retail consumption licenses (for bars and restaurants) it may issue.  However, P.L.2018, c.101 was enacted to allow host municipalities located within the Fort Monmouth redevelopment area to issue these special alcoholic beverage licenses.  A host municipality with the largest population was entitled to issue two licenses.  A host municipality with the smallest population was entitled to issue four licenses; the remaining host municipality was entitled to issue six licenses.

      These Assembly amendments change the license distribution to allow a host municipality with the smallest population to issue one license and the remaining host municipality to issue five licenses. The Assembly amendments also remove from current law a provision allowing host municipalities to transfer these special licenses to another host municipality located within the project area.

      In addition, current law allows the Director of the Division of Alcoholic Beverage Control (ABC) to issue special mall licenses for use in connection with a food and beverage establishment located within a shopping mall. The license authorizes the sale of alcoholic beverages for immediate consumption on the operator’s premises.  The director is prohibited from issuing a special concessionaire permit for any location eligible to receive a special mall license.  A concessionaire permit generally allows the permit holder to sell alcoholic beverages in any public building belonging to, or under the control of, the State or any political subdivision.  These Assembly amendments remove from current law the provision prohibiting the Director of ABC from issuing a concessionaire permit for a location or premises which is eligible to receive a special mall license.