New Jersey § 33:1-12

of plenary retail consumption licenses has reached the population limitation established

in section 2 of P.L.1947, c. 94 ( C.33:1-12.14 ). “ Enforcing agency ” means the enforcing agency in any municipality designated to administer and enforce

the “State Uniform Construction Code Act” pursuant to section 8 of P.L.1975, c. 217

( C.52:27D-126 ), and regulations promulgated thereunder. “ Shopping mall ” means a standalone, publicly accessible enclosed walkway or hall area that serves

to connect retail, entertainment, and food and beverage establishments, and office

space and: (1) that is under common ownership or control and connects with or provides access

to separate retail establishments, including at least one restaurant or other establishment

that serves alcoholic beverages pursuant to a plenary retail consumption license;

and (2) was constructed prior to the effective date of P.L.2023, c. 290 ( C.33:1-10b et al.) or for which an application for a construction permit has been declared complete

by an enforcing agency prior to the effective date of P.L.2023, c. 290 ( C.33:1-10b et al.). “ Strip mall ” means a retail shopping complex that consists of stores, restaurants, or other businesses

in adjacent spaces or storefronts in one or more buildings that are connected by a

doorway or open onto a common parking lot or outdoor pedestrian walkway. b. The governing body of an eligible municipality may, by ordinance or resolution,

issue within the municipality not more than: (1) two special licenses to a person or other legal entity for use in connection with

a food and beverage establishment located within a shopping mall with a minimum gross

square footage of not less than 750,000; and (2) four special licenses to a person or other legal entity for use in connection

with a food and beverage establishment located within a shopping mall with a gross

square footage of 1,500,000 or more. c. A special license issued pursuant to subsection b. of this section shall authorize

the sale of alcoholic beverages for immediate consumption on the operator's premises. d. A person who would fail to qualify as a licensee under Title 33 of the Revised

Statutes shall not be permitted to hold an interest in a special license under the

provisions of this section. e. Licenses shall be subject to all the provisions of Title 33 of the Revised Statutes,

rules and regulations promulgated by the director, and municipal ordinances. f. A special license issued pursuant to this section shall not be transferred for

use in connection with any premises other than a premises that is operated as a food

and beverage establishment located within the same shopping mall. g. Application for the initial issuance and renewal of each license shall be made

to the municipal governing body on an annual basis. The fee for the initial issuance of the license shall be at least $250,000. One half of the initial issuance fee for the license shall be paid upon the issuance

of the license and the other half of that amount shall be paid one year later. The governing body of the municipality shall establish an annual fee for the license

which shall not exceed the fee which may be imposed by a municipality for a plenary

retail consumption license pursuant to R.S.33:1-12 . The fee for the initial issuance of the license shall be paid to the eligible municipality

in which the license is issued. h. If the individual corporation or entity holding the license determines to transfer

a special license issued pursuant to this section, the license shall be sold for the

sum paid pursuant to subsection g. of this section. A special license issued pursuant to this section shall not be transferred to the

governing body of another municipality or for use in connection with any premises

other than a premises that is operated as a food and beverage establishment located

within a shopping mall. i. The director shall not issue a special concessionaire permit for any location or

premises which is eligible to obtain a license to serve alcoholic beverages under

the provisions of this section. j. A special license issued pursuant to this section shall not be subject to the population

limitation established pursuant to section 2 of P.L.1947, c. 94 ( C.33:1-12.14 ). An interest in a special license issued pursuant to this section shall be excluded

in determining the maximum number of plenary retail consumption licenses issued to

a person pursuant to P.L.1962, c. 152 ( C.33:1-12.31 et seq. ). k. The provisions of this section shall not apply to a strip mall as defined in subsection

a. of this section. l . Pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), the director may adopt rules and regulations to effectuate the purposes of this

act.