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33:1-12b. $50 fine
3. A person who fails to comply with the provisions of this act may be subject to a fine of $50.
L.1993,c.43,s.3.
33:1-12.13. Renewal licenses; new licenses
For the purposes of this act any license for a new license term, which is issued to replace a license which expired on the last day of the license term which immediately preceded the commencement of said new license term or which is issued to replace a license which will expire on the last day of the license term which immediately precedes the commencement of said new license term, shall be deemed to be a renewal of the expired or expiring license; provided, that said license is of the same class and type as the expired or expiring license, covers the same licensed premises, is issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the proper issuing authority prior to the commencement of said new license term or not later than thirty days after the commencement thereof. Licenses issued otherwise than as above herein provided shall be deemed to be new licenses.
L.1947, c. 94, p. 501, s. 1.
33:1-12.14 New retail licenses; limitation.
2. Except as otherwise provided in this act, no new plenary retail consumption or seasonal retail consumption license shall be issued in a municipality unless and until the combined total number of such licenses existing in the municipality is fewer than one for each 3,000 of its population according to the most recent estimates issued by the U.S. Bureau of the Census; provided, however, in the year that the official federal decennial counts are received by the Governor, those federal decennial counts shall be used. No new plenary retail distribution license shall be issued in a municipality unless and until the number of such licenses existing in the municipality is fewer than one for each 7,500 of its population according to the most recent estimates issued by the U.S. Bureau of the Census; provided, however, in the year that the official federal decennial counts are received by the Governor, those federal decennial counts shall be used.
L.1947,c.94,s.2; amended 1960, c.72; 1969, c.170, s.1; 1971, c.196; 1999, c.189.
33:1-12.15. Municipalities under 1000, licenses in
Nothing in this act shall prevent the issuance and existence of one plenary or seasonal retail consumption license and one plenary retail distribution license in a municipality whose population as shown by the last then preceding Federal census is less than one thousand.
L.1947, c. 94, p. 502, s. 3.
33:1-12.16. Renewal or transfer of existing licenses
Nothing in this act shall prevent the renewal of licenses existing on the effective date of this act, or the transfer of such licenses or the renewal of licenses so transferred.
L.1947, c. 94, p. 502, s. 4.
33:1-12.17. Seasonal retail consumption licenses to persons who had licenses in previous season; transfer
Nothing in this act shall be deemed to prevent the issuance of a new seasonal retail consumption license to a person who held such a license in the municipality for the same premises, and for the same seasonal period, during the then next preceding summer or winter season, nor shall anything in this act prevent the transfer of such a license so issued.
L.1947, c. 94, p. 502, s. 5.
33:1-12.18. Issuance of new license permitted to applicants filing within 60 days of expiration; fee
6. Nothing in this act shall be deemed to prevent the issuance of a new license to a person who files application therefor within 60 days following the expiration of the license renewal period if the director shall determine in writing that the applicant@s failure to apply for a renewal of his license was due to circumstances beyond his control.
Any request for relief under this section shall be accompanied by a nonreturnable filing fee of $100.00 payable to the director.
L.1947,c.94,s.6; amended 1992,c.188,s.7.
33:1-12.19. New license where licensee served in armed forces
Nothing in this act shall prevent the issuance, in a municipality, of a new license to a person who, having held a license of the same class in the municipality, surrendered his license or permitted it to expire because of his induction into or service in the armed forces of the United States; provided, however, that such ex-licensee shall have filed the application for a new license within one year from the completion of his active service in said armed forces.
L.1947, c. 94, p. 502, s. 7.
33:1-12.20 Licensure of certain hotels, motels.
8. a. Nothing in this act shall prevent the issuance, in a municipality, of a new license to a person who operates a hotel or motel containing 100 guest sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least 100 guest sleeping rooms.
b. A person who holds a license issued pursuant to subsection a. of this section and who has been required by law to reduce the number of sleeping rooms in the hotel may continue to hold the license if the hotel has at least 75 sleeping rooms, has been in continuous operation for at least 120 years in the same building, and is listed in the National Register of Historic Places.
L.1947,c.94,s.8; amended 1968, c.359, s.1; 2000, c.160.
33:1-12.20a. Licenses contingent on completion of construction; rights of holder
Nothing in this act shall affect the right of the holder of any license issued or approved for issuance, contingent on completion of construction for a hotel or motel premises to use and to renew such license.
L.1968, c. 359, s. 2, eff. Jan. 1, 1969.
33:1-12.21. Municipal regulations limiting number of license, act is in addition to
This act is in addition to and not in exclusion of municipal regulations, limiting the number of licenses to sell alcoholic beverages at retail, duly adopted pursuant to the authority granted by section 33:1-40 of the Revised Statutes.
L.1947, c. 94, p. 503, s. 9.
33:1-12.22. Effective date
This act shall take effect May fifteenth, one thousand nine hundred and forty-seven.
L.1947, c. 94, p. 503, s. 10.
33:1-12.22a. License transferred to spouse and surrendered during licensee@s service in armed forces; new license
Nothing in the act to which this act is a supplement shall prevent the issuance, in a municipality, of a new license to sell alcoholic beverages at retail, to a person who, having served honorably in the armed forces of the United States and having held a license of the same class in the municipality, transferred said license to his spouse within the last past fifteen years and having served some time during said fifteen years in the armed forces of the United States, and whose spouse, during his service in the armed forces of the United States, surrendered said license or permitted it to expire; provided, that no license of the same class has been issued in said municipality since the surrender or expiration of said license; and provided further, that such person has filed or shall file his application for a new license within one year from the effective date of this act.
L.1950, c. 145, p. 298, s. 1, eff. May 26, 1950.
33:1-12.22b. Sixth class counties; retail licensees who served in armed forces and permitted license to lapse; issuance of license
In any county of the sixth class, any person who held a license to sell alcoholic beverages at retail for a period of two years prior to serving in the armed forces of the United States and who permitted said license to lapse, may apply for such license from the municipality originally issuing the same, and such municipality may, if the applicant is otherwise eligible for such license, issue the same regardless of any jurisdictional dispute between such municipality and an adjoining municipality as to boundary lines; provided, that application for said license is made or has been made within six months of the honorable discharge of the applicant from the armed forces of the United States.
L.1950, c. 145, p. 298, s. 2.
33:1-12.23. Sale and display for off-premises consumption
The holder of a plenary retail consumption license or a seasonal retail consumption license, after the effective date of this act, may sell and display for sale alcoholic beverages in original containers for consumption off the licensed premises only in the public barroom of the licensed premises, such barroom being a room containing a public bar, counter or similar piece of equipment designed for and used to facilitate the sale and dispensing of alcoholic beverages by the glass or other open receptacle for consumption on the licensed premises; provided, however, that where, prior to the effective date of this act, alcoholic beverages in original containers for off-premises consumption were sold and displayed for sale by the holder of such license, either to the exclusion of sale for consumption on the licensed premises or upon a portion of the licensed premises other than the public barroom, such sale and display shall be permitted as heretofore and notwithstanding renewal or transfer of the license either from person to person or place to place, subject to rules and regulations to be promulgated by the commissioner.
L.1948, c. 98, p. 552, s. 1, eff. May 28, 1948.
33:1-12.24. Municipalities in which sale for consumption on premises is prohibited, effect of act in
Nothing in this act shall be deemed to limit the sale and display for sale of alcoholic beverages in original containers for consumption off the licensed premises to the public barroom on premises licensed under plenary retail consumption license or seasonal retail consumption license in any municipality in which the sale of alcoholic beverages by the glass or other open receptacle for consumption on the licensed premises is prohibited by law notwithstanding that, prior to such prohibition, such sale and display for sale was required to be limited to the public barroom.
L.1948, c. 98, p. 552, s. 2.
33:1-12.25. Hotel guests, sale and delivery to
Nothing in this act shall be deemed to prohibit the lawful sale and delivery of alcoholic beverages in original containers by the holder of a plenary retail consumption license or seasonal retail consumption license issued for hotel premises to guests of the hotel in the regular course of business.
L.1948, c. 98, p. 553, s. 3.
33:1-12.26. Renewal of expired or expiring license, what is; new licenses
For the purposes of this act any license for a new license term, which is issued to replace a license which expired on the last day of the license term which immediately preceded the commencement of said new license term or which is issued to replace a license which will expire on the last day of the license term which immediately precedes the commencement of said new license term, shall be deemed to be a renewal of the expired or expiring license; provided, that said license is of the same class and type as the expired or expiring license, covers the same licensed premises, is issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the proper issuing authority prior to the commencement of said new license term or not later than thirty days after the commencement thereof. Licenses issued otherwise than as above herein provided shall be deemed to be new licenses.
L.1952, c. 284, p. 970, s. 1, eff. May 23, 1952.
33:1-12.27. New limited retail distribution license; issuance
No new limited retail distribution license shall be issued in any municipality after this act becomes effective, except as provided in section four of this act.
L.1952, c. 284, p. 970, s. 2.
33:1-12.28. Renewal of existing limited retail distribution licenses
Nothing in this act shall prevent the renewal of limited retail distribution licenses existing on the effective date of this act, or the transfer of such licenses or the renewal of licenses so transferred.
L.1952, c. 284, p. 970, s. 3.
33:1-12.29. New limited retail distribution license within 60 days after expiration of renewal period
Nothing in this act shall be deemed to prevent the issuance of a new limited retail distribution license to a person who files application therefor within sixty days following the expiration of the license renewal period if the State director shall determine in writing that the applicant@s failure to apply for a renewal of his license was due to circumstances beyond his control.
L.1952, c. 284, p. 971, s. 4.
33:1-12.30. Death of licensee and cessation of business; issuance of new license in place of voided license
In any municipality wherein not more than one retail consumption license and not more than one plenary retail distribution license may be issued pursuant to State law and wherein one license of either type or of each type is issued, if the holder of either type of license dies or shall have died and operation of the business ceases or shall have ceased during the license term and if no application for extension or transfer of the license is or shall have been filed within ninety days following the decease, the municipal issuing authority may by resolution void said license and thereafter it shall be lawful to issue in such municipality a new license of the same type as that of the license so voided.
L.1953, First Sp.Sess., c. 437, p. 2403, s. 1, eff. Dec. 21, 1953.
33:1-12.31. Acquisition of beneficial interest in more than two retail licenses prohibited
On and after the effective date of this act no person, as the same is defined in R.S. 33:1-1, shall, except as hereinafter provided, acquire a beneficial interest in more than a total of two alcoholic beverage retail licenses, but nothing herein shall require any such person who has, on August 3, 1962, such an interest in more than two such licenses to surrender, dispose of, or release his interest in any such license or licenses.
L.1962, c. 152, s. 1, eff. Aug. 3, 1962. Amended by L.1971, c. 217, s. 1, eff. June 17, 1971.
33:1-12.32. Alcoholic beverage licenses
The provisions of this act shall not apply to the acquisition of an additional license or licenses or an interest therein, when such license is issued to a person for use in connection with the operation of a hotel containing at least 50 sleeping rooms, for use in connection with the operation of a restaurant, for use in connection with the operation of a bowling establishment consisting of more than 20 lanes, but only so long as the person uses the license in connection with the operation of that bowling establishment, or for use on premises within the grounds of an international airport, nor shall the provisions of this act affect the right of any person to dispose of an interest in a license or licenses by will or to the transfer of such an interest by descent and distribution.
Any additional license acquired for use in connection with a restaurant or bowling establishment consisting of more than 20 lanes or for use on premises within the grounds of an international airport, as herein authorized, shall be limited, however, to the sale of alcoholic beverages for consumption on the licensed premises only.
L. 1962, c. 152, s. 2. Amended by L. 1964, c. 220, s. 1; L. 1983, c. 91, s. 1, eff. March 11, 1983; L. 1985, c. 65, s. 1, eff. March 5, 1985.
33:1-12.33. Inheritance of beneficial interest in retail license; time within which to comply with act
Whenever a person shall acquire a beneficial interest in a retail license from the estate of a decedent which results in such person having a beneficial interest in more than 2 licenses, the Director of Alcoholic Beverage Control shall, by order, prescribe a reasonable time within which such person shall comply with the provisions of this act and the holding of any such license or interest during the time permitted under such an order shall not constitute a violation of this act.
L.1962, c. 152, s. 3.
33:1-12.34. Membership in organization holding club license
Membership in any organization which is or may become the holder of a club license shall not constitute acquisition of an interest in a retail license.
L.1962, c. 152, s. 4.
33:1-12.35. Right to continue to hold, use and renew existing licenses
Nothing in this act shall affect the right of any holder of retail licenses heretofore acquired to continue to hold, use and renew such licenses.
L.1962, c. 152, s. 5.
33:1-12.36. Corporate licenses
Nothing in this act shall affect (a) the right of any person having a beneficial interest in a retail license or licenses to hold or acquire an interest of not more than 10% of any corporation the shares of which are traded on a national securities exchange or regularly traded in an over-the-counter market by one or more members of a national or affiliated securities association or (b) the right of any person to hold or acquire an interest in a corporation from his parent or grandparent provided such child or grandchild does not have a beneficial interest in any retail license or licenses other than those held by the corporation.
L.1962, c. 152, s. 6. Amended by L.1965, c. 197, s. 1, eff. Dec. 17, 1965.
33:1-12.37. Violation; penalty
Any person violating any provision of this act or of any rule or regulation issued pursuant to this act shall be punished by a fine of not less than $50.00 and not more than $250.00 and such person shall also be subject to the penalties and provisions of chapter 1 of Title 33 which are applicable thereto by virtue of such violation.
L.1962, c. 152, s. 7. Amended by L.1964, c. 220, s. 2.
33:1-12.38. Rules and regulations
The Director of the Division of Alcoholic Beverage Control may adopt from time to time such rules and regulations as shall be necessary or desirable to carry out the provisions of this act and of the act to which this act is a supplement.
L.1964, c. 220, s. 3.
33:1-12.39. Active use required for renewal of Class C license; fee
1. No Class C license, as the same is defined in R.S.33:1-12, shall be renewed if the same has not been actively used in connection with the operation of a licensed premises within a period of two years prior to the commencement date of the license period for which the renewal application is filed unless the director, for good cause and after a hearing, authorizes a further application for one or more renewals within a stated period of years; provided, however that, if the licensee has been deprived of the use of the licensed premises as a result of eminent domain, fire or other casualty, and establishes by affidavit filed with the director that he is making a good faith effort to resume active use of the license in connection with the operation of a licensed premise then the period of two years provided for in this section shall be automatically extended for an additional period of two years.
Any request for relief under this section shall be accompanied by a nonreturnable filing fee of $100.00 payable to the director.
L.1977,c.246,s.1; amended 1992, c.188, s.8; 1996, c.127,s.1.
33:1-12.40. Findings, declarations
The Legislature finds and declares that:
a. The retail alcoholic beverage industry is one of the most highly regulated industries of the State, controlled by a broad array of laws enacted by the Legislature and regulations promulgated by the Director of the Division of Alcoholic Beverage Control.
b. It is the public policy of this State, as set forth in section 4 of P.L.1985, c.258 (C.33:1-3.1), to strictly regulate alcoholic beverages to protect the health, safety and welfare of its citizens, to foster moderation and responsibility in the use and consumption of alcoholic beverages, to protect the collection of State taxes imposed upon alcoholic beverages, and to protect the interest of consumers against fraud and misleading practices in the sale of alcoholic beverages.
c. Participation in the alcoholic beverage industry as a licensee under Title 33 of the Revised Statutes is deemed a revocable privilege conditioned upon the proper and continued qualification of the licensee.
d. Notwithstanding the degree to which retail licensees are regulated, licensees are not required to demonstrate knowledge and understanding of the laws and regulations or their social responsibilities, for the purpose of obtaining or renewing the privilege to hold a retail alcoholic beverage license.
e. Since the alcoholic beverage industry was deregulated in 1980, market forces have impacted the retail industry to such an extent that a significant number of licenses have changed, and continue to change, hands and a large segment of new licensees have insufficient knowledge of their legal and social responsibilities.
f. These disruptive market forces and the numerous transfers of license ownership have occurred during a period of intensive legislative scrutiny of the industry, the enactment of many new laws and regulations, and the development of programs directed at the responsible sale and consumption of alcoholic beverages.
g. Retail alcoholic beverage licensees should be required to periodically demonstrate a knowledge and understanding of the regulations, laws, and public policies of the State impacting upon their industry before their license privileges are renewed.
L.1991,c.9,s.1.
33:1-12.41. Definitions
As used in this act:
~Division~ means the Division of Alcoholic Beverage Control in the Department of Law and Public Safety.
~Director~ means the Director of the Division of Alcoholic Beverage Control in the Department of Law and Public Safety.
L.1991,c.9,s.2.
33:1-12.42. Plenary retail licensees required to complete educational program
If the Director determines to establish an educational program pursuant to section 4 of this act, all holders of a plenary retail or limited retail distribution license issued under R.S.33:1-12, or their designees pursuant to section 5 of this act, shall be required to successfully complete the educational program prescribed in section 4 of P.L.1991, c.9 (C.33:1-12.43).
L.1991,c.9,s.3.
33:1-12.43. Establishment of educational programs for plenary retail licensees
The director may, in the director@s discretion, establish initial and supplemental educational programs for plenary retail and limited retail distribution licensees and shall grant a certificate of completion when a licensee satisfactorily completes each program.
L.1991,c.9,s.4.
33:1-12.44. Educational program, scheduling, attendance, curriculum, fees
If an educational program is established by the director pursuant to section 4 of this act, the director shall by regulation determine:
a. The person or persons who may attend the educational programs as designees of the licensee;
b. The dates and geographic locations at which the programs shall be offered;
c. The penalties for failure to successfully complete the educational requirements;
d. The curriculum for the educational programs and the instructors or lecturers who shall conduct the programs; and
e. Registration fees to be charged licensees for attending initial and supplemental training programs.
L.1991,c.9,s.5.
33:1-12.45. Contract with non-profit educational organization to provide educational program
In order to meet the requirements and intent of this act on the most cost effective basis, the director may contract with a non-profit educational organization chartered in this State to conduct all or part of the educational program. The registration fees collected may be used by the division to defray the cost of the programs. If the director contracts with a non-profit organization to conduct the educational programs, the programs shall be made available and reasonably accessible to all licensees.
L.1991,c.9,s.6.
33:1-12.46. Completion of educational program required within nine months
All plenary retail and limited retail distribution licensees shall be required to successfully complete the initial educational program within nine months of the effective date of regulations establishing any educational program. The director shall determine the time schedule for successful completion of supplemental training programs.
L.1991,c.9,s.7.
33:1-12.47. Certificate of completion of educational program required for license renewal
Upon application for renewal of any plenary retail or limited retail distribution license, the licensee shall present to the licensing authority the certificate of completion of the initial educational program and any supplemental programs which may have been required by the director under the time schedule established pursuant to section 7 of this act. The director shall determine penalties for failure to comply with this section.
L.1991,c.9,s.8.
33:1-12.48. Rules, regulations
The director shall promulgate rules and regulations necessary to effectuate the purposes of this act pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.).
L.1991,c.9,s.9.
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