New Jersey § 33:1-12

§ 33:1-12.

Class C licenses shall be subdivided and classified as follows: Plenary retail consumption license. 1. The holder of this license shall be entitled, subject to rules and regulations,

to sell any alcoholic beverages for consumption on the licensed premises by the glass

or other open receptacle, and also to sell any alcoholic beverages in original containers

for consumption off the licensed premises; but this license shall not be issued to

permit the sale of alcoholic beverages in or upon any premises in which a grocery,

delicatessen, drug store or other mercantile business is carried on, except as hereinafter

provided. The holder of this license shall be permitted to conduct consumer wine, beer and

spirits tasting events and samplings for a fee or on a complimentary basis pursuant

to conditions established by rules and regulations of the Division of Alcoholic Beverage

Control, provided however, that the holder of this license complies with the terms

and conditions set forth in section 3 of P.L.2009, c. 216 ( C.33:1-12d ). Subject to such rules and regulations established from time to time by the director,

the holder of this license shall be permitted to sell alcoholic beverages in or upon

the premises in which any of the following is carried on: the keeping of a hotel

or restaurant including the sale of mercantile items incidental thereto as an accommodation

to patrons; the sale, at an entertainment facility as defined in R.S.33:1-1 , having a seating capacity for no less than 4,000 patrons, of mercantile items traditionally

associated with the type of event or program held at the site; the sale of distillers',

brewers' and vintners' packaged merchandise prepacked as a unit with other suitable

objects as gift items to be sold only as a unit; the sale of novelty wearing apparel

identified with the name of the establishment licensed under the provisions of this

section; the sale of cigars, cigarettes, packaged crackers, chips, nuts and similar

snacks and ice at retail as an accommodation to patrons, or the retail sale of nonalcoholic

beverages as accessory beverages to alcoholic beverages; or, in commercial bowling

establishments, the retail sale or rental of bowling accessories and the retail sale

from vending machines of candy, ice cream and nonalcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality

in which the licensed premises are situated, by ordinance, at not less than $250 and

not more than $2,500. No ordinance shall be enacted which shall raise or lower the fee to be charged for

this license by more than 20% from that charged in the preceding license year or $500.00,

whichever is the lesser. The governing board or body of each municipality may, by ordinance, enact that no

plenary retail consumption license shall be granted within its respective municipality. The holder of this license shall be permitted to obtain a restricted brewery license

issued pursuant to subsection 1c. of R.S.33:1-10 and to operate a restricted brewery immediately adjoining the licensed premises in

accordance with the restrictions set forth in that subsection. All fees related to the issuance of both licenses shall be paid in accordance with

statutory law. Seasonal retail consumption license. 2. (1) The holder of this license shall be entitled, subject to rules and regulations, to

sell any alcoholic beverages for consumption on the licensed premises by the glass

or other open receptacle, and also to sell any alcoholic beverages in original containers

for consumption off the licensed premises, during the summer season from May 1 until

November 14, inclusive, or during the winter season from November 15 until April 30,

inclusive . (2) In addition, the director shall issue to the holder of this license, upon request

by the licensee, one-day permits that shall entitle the license holder to sell alcoholic

beverages for consumption on the licensed premises during the season when the license

holder is not authorized to sell alcoholic beverages pursuant to subparagraph (1)

of this subsection. The number of one-day permits issued to a licensee pursuant to this subsection shall

not exceed an aggregate of 14 permits in one calendar year. A one-day permit issued pursuant to this subsection shall be valid for 24 consecutive

hours. The fee for each one-day permit shall be $500. The governing body of the municipality in which the licensed premises is situated

may place reasonable conditions upon a one-day permit for the purpose of maintaining

public safety on the licensed premises and immediately surrounding area. The costs associated with the reasonable conditions placed on the one-day permit

shall be assumed by the holder of this license. (3) This license shall not be issued to permit the sale of alcoholic beverages in or upon

any premises in which a grocery, delicatessen, drug store or other mercantile business

is carried on, except as hereinafter provided. Subject to such rules and regulations established from time to time by the director,

the holder of this license shall be permitted to sell alcoholic beverages in or upon

the premises in which any of the following is carried on: the keeping of a hotel

or restaurant including the sale of mercantile items incidental thereto as an accommodation

to patrons; the sale of distillers', brewers' and vintners' packaged merchandise

prepacked as a unit with other suitable objects as gift items to be sold only as a

unit; the sale of novelty wearing apparel identified with the name of the establishment

licensed under the provisions of this section; the sale of cigars, cigarettes, packaged

crackers, chips, nuts and similar snacks and ice at retail as an accommodation to

patrons; or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic

beverages. The fee for this license shall be fixed by the governing board or body of the municipality

in which the licensed premises are situated, by ordinance, at 75% of the fee fixed

by said board or body for plenary retail consumption licenses. The governing board or body of each municipality may, by ordinance, enact that no

seasonal retail consumption license shall be granted within its respective municipality. Plenary retail distribution license. 3. a. The holder of this license shall be entitled, subject to rules and regulations,

to sell any alcoholic beverages for consumption off the licensed premises, but only

in original containers; except that licensees shall be permitted to conduct consumer

wine, beer, and spirits tasting events and samplings on a complimentary basis pursuant

to conditions established by rules and regulations of the Division of Alcoholic Beverage

Control, provided however, that the holder of this license complies with the terms

and conditions set forth in section 3 of P.L.2009, c. 216 ( C.33:1-12d ). The governing board or body of each municipality may, by ordinance, enact that this

license shall not be issued to permit the sale of alcoholic beverages in or upon any

premises in which any other mercantile business is carried on, except that any such

ordinance, heretofore or hereafter adopted, shall not prohibit the retail sale of

distillers', brewers' and vintners' packaged merchandise prepacked as a unit with

other suitable objects as gift items to be sold only as a unit; the sale of novelty

wearing apparel identified with the name of the establishment licensed under the provisions

of this act; cigars, cigarettes, packaged crackers, chips, nuts and similar snacks,

ice, and nonalcoholic beverages as accessory beverages to alcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality

in which the licensed premises are situated, by ordinance, at not less than $125 and

not more than $2,500. No ordinance shall be enacted which shall raise or lower the fee to be charged for

this license by more than 20% from that charged in the preceding license year or $500.00,

whichever is the lesser. The governing board or body of each municipality may, by ordinance, enact that no

plenary retail distribution license shall be granted within its respective municipality. Limited retail distribution license. 3. b. The holder of this license shall be entitled, subject to rules and regulations,

to sell any unchilled, brewed, malt alcoholic beverages in quantities of not less

than 72 fluid ounces for consumption off the licensed premises, but only in original

containers; provided, however, that this license shall be issued only for premises

operated and conducted by the licensee as a bona fide grocery store, meat market,

meat and grocery store, delicatessen, or other type of bona fide food store at which

groceries or other foodstuffs are sold at retail; and provided further that this

license shall not be issued except for premises at which the sale of groceries or

other foodstuffs is the primary and principal business and at which the sale of alcoholic

beverages is merely incidental and subordinate thereto. The fee for this license shall be fixed by the governing body or board of the municipality

in which the licensed premises are situated, by ordinance, at not less than $31 and

not more than $63. The governing board or body of each municipality may, by ordinance, enact that no

limited retail distribution license shall be granted within its respective municipality. Plenary retail transit license. 4. The holder of this license shall be entitled, subject to rules and regulations,

to sell any alcoholic beverages, for consumption only, on railroad trains, airplanes,

limousines and boats, while in transit. The fee for this license for use by a railroad or air transport company shall be

$375, for use by the owners of limousines shall be $31 per vehicle, and for use on

a boat shall be $63 on a boat 65 feet or less in length, $125 on a boat more than

65 feet in length but not more than 110 feet in length, and $375 on a boat more than

110 feet in length; such boat lengths shall be determined in the manner prescribed

by the Bureau of Customs of the United States Government or any federal agency successor

thereto for boat measurement in connection with issuance of marine documents. A license issued under this provision to a railroad or air transport company shall

cover all railroad cars and planes operated by any such company within the State of

New Jersey. A license for a boat or limousine issued under this provision shall apply only to

the particular boat or limousine for which issued, and shall permit the purchase of

alcoholic beverages for sale or service in a boat or limousine to be made from any

Class A and B licensee or from any Class C licensee whose license privilege permits

the sale of alcoholic beverages in original containers for off-premises consumption. An interest in a plenary retail transit license issued in accordance with this section

shall be excluded in determining the maximum number of retail licenses permitted under

P.L.1962, c. 152 ( C.33:1-12.31 et seq. ). Club license. 5. The holder of this license shall be entitled, subject to rules and regulations,

to sell any alcoholic beverages but only for immediate consumption on the licensed

premises and only to bona fide club members and their guests. The fee for this license shall be fixed by the governing board or body of the municipality

in which the licensed premises are situated, by ordinance, at not less than $63 and

not more than $188. The governing board or body of each municipality may, by ordinance, enact that no

club licenses shall be granted within its respective municipality. Club licenses may be issued only to such corporations, associations and organizations

as are operated for benevolent, charitable, fraternal, social, religious, recreational,

athletic, or similar purposes, and not for private gain, and which comply with all

conditions which may be imposed by the Director of the Division of Alcoholic Beverage

Control by rules and regulations. The provisions of section 23 of P.L.2003, c. 117 amendatory of this section shall apply to licenses issued or transferred on or after

July 1, 2003, and to license renewals commencing on or after July 1, 2003. Sporting facility license. 6. The holder of this license shall be entitled, subject to rules and regulations,

to sell at retail or to serve any alcoholic beverages as the owner, operator, lessee,

or concessionaire of a sporting facility by the glass or other receptacle or in original

containers only on the premises of the sporting facility. Notwithstanding any other provision of Title 33 of the Revised Statutes and subject

to conditions established by the director, the holder of this license may share direction

and control of the premises to be licensed and share proceeds and profits from the

sale of alcoholic beverages with the owner, operator, concessionaire, or lessee of

the facility. The holder of this license shall be permitted to conduct consumer wine, beer, and

spirits tasting events and samplings for a fee or on a complimentary basis provided,

however, the license holder complies with the provisions of section 3 of P.L.2009, c. 216 ( C.33:1-12d ) and rules and regulations promulgated thereto. Notwithstanding any law, rule or regulation to the contrary, the holder of this

license shall be entitled to establish an all-inclusive area within the licensed sporting

facility, provided the all-inclusive area is limited to one area within the sporting

facility for each game or event and the capacity of the all-inclusive area does not

exceed 500 persons. The fee for this license shall be $2,500 for venues with a capacity of less than 7,500

persons; $5,000 for venues with a capacity of not less than 7,500 persons but not

more than 14,999 persons; $7,500 for venues with a capacity of not less than 15,000

persons but not more than 22,499 persons; and $10,000 for venues with a capacity

of 22,500 persons or more. For the purposes of this subsection: “ Sporting facility ” means a stadium, arena, team training facility, or similar venue located on public

property where alcoholic beverages are served or sold at retail for consumption on

the premises by the glass or other open receptacle or in original containers. “ Team training facility ” shall include team offices and team headquarters.