[First Reprint] SENATE, No. 3944 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED DECEMBER 9, 2024
[First Reprint]
SENATE, No. 3944
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED DECEMBER 9, 2024
Sponsored by: Senator PAUL A. SARLO District 36 (Bergen and Passaic) Senator VIN GOPAL District 11 (Monmouth) SYNOPSIS Provides that certain non-profit corporation alcoholic beverage theater licensees include disregarded entities of such corporations; allows municipalities, counties, and certain small private theaters to acquire alcoholic beverage retail license. CURRENT VERSION OF TEXT As amended by the Senate on December 19, 2024.
Sponsored by:
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Provides that certain non-profit corporation alcoholic beverage theater licensees include disregarded entities of such corporations; allows municipalities, counties, and certain small private theaters to acquire alcoholic beverage retail license.
CURRENT VERSION OF TEXT
As amended by the Senate on December 19, 2024.
An Act concerning certain alcoholic beverage licenses 1[and] ,1 amending P.L.1985, c.151 and P.L.2019, c.466 1, and supplementing Title 33 of the Revised Statutes1. 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. The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, 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 , including a disregarded entity of the corporation that is a single-member limited liability corporation disregarded for federal income tax purposes pursuant to 26 C.F.R. Part 301, which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged. 1The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, also may issue a plenary retail consumption license to a municipality or county for use in connection with a premises which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged.1 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 1[who] or a county or municipality which1 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" 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 1or a county or municipality1, 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 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.2023, c.104, s.2) 2. Section 2 of P.L.2019, c.466 (C.33:1-19.8) is amended to read as follows: 2. The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, 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 , including a disregarded entity of the corporation that is a single-member limited liability corporation disregarded for federal income tax purposes pursuant to 26 C.F.R. Part 301, which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged. 1The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, also may issue a plenary retail consumption license to a municipality or county for use in connection with a premises which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged.1 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 1[who] or a county or municipality which1 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" 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 1or a county or municipality1, 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 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.2023, c.104, s.2) 13. a. As used in this section, "licensed premises" means a private theater entity used for the purpose of showing motion pictures or where concerts or musical or theatrical performances are held and any adjacent premises owned and operated by the licensee. b. It shall be lawful for the governing board or body of a municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, to issue a plenary retail consumption license for use in connection with a licensed premises as defined in subsection a. of this section that was incorporated on or prior to the effective date of this act. The plenary retail consumption license shall allow a private entity, including a corporation, or its restaurant operator which has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control to sell alcoholic beverages for consumption on the licensed premises during the one hour immediately preceding a motion picture, concert, or musical or theatrical performance and during performances, including intermission. A plenary retail consumption license only shall be issued pursuant to this section for use in connection with a premises on which: (1) the space or spaces within the premises that are used for musical, theatrical, or concert performances have a total seating capacity of at least 50 persons but not more than 1,000 persons; (2) the space or spaces within the premises that are used for showing motion pictures have three or less movie screens and a total seating capacity of at least 50 persons but not more than 600 persons. c. A license issued under the provisions of this 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.).1 1[3.] 4.1 This act shall take effect immediately.
An Act concerning certain alcoholic beverage licenses 1[and] ,1 amending P.L.1985, c.151 and P.L.2019, c.466 1, and supplementing Title 33 of the Revised Statutes1.
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. The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, 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 , including a disregarded entity of the corporation that is a single-member limited liability corporation disregarded for federal income tax purposes pursuant to 26 C.F.R. Part 301, which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged. 1The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, also may issue a plenary retail consumption license to a municipality or county for use in connection with a premises which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged.1
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 1[who] or a county or municipality which1 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" 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 1or a county or municipality1, 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 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.2023, c.104, s.2)
2. Section 2 of P.L.2019, c.466 (C.33:1-19.8) is amended to read as follows:
2. The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, 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 , including a disregarded entity of the corporation that is a single-member limited liability corporation disregarded for federal income tax purposes pursuant to 26 C.F.R. Part 301, which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged. 1The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, also may issue a plenary retail consumption license to a municipality or county for use in connection with a premises which regularly operates as an art-house movie theater or conducts musical or theatrical performances or concerts for which admission is charged.1
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 1[who] or a county or municipality which1 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" 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 1or a county or municipality1, 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 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.2023, c.104, s.2)
13. a. As used in this section, "licensed premises" means a private theater entity used for the purpose of showing motion pictures or where concerts or musical or theatrical performances are held and any adjacent premises owned and operated by the licensee.
b. It shall be lawful for the governing board or body of a municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, to issue a plenary retail consumption license for use in connection with a licensed premises as defined in subsection a. of this section that was incorporated on or prior to the effective date of this act.
The plenary retail consumption license shall allow a private entity, including a corporation, or its restaurant operator which has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control to sell alcoholic beverages for consumption on the licensed premises during the one hour immediately preceding a motion picture, concert, or musical or theatrical performance and during performances, including intermission.
A plenary retail consumption license only shall be issued pursuant to this section for use in connection with a premises on which:
(1) the space or spaces within the premises that are used for musical, theatrical, or concert performances have a total seating capacity of at least 50 persons but not more than 1,000 persons;
(2) the space or spaces within the premises that are used for showing motion pictures have three or less movie screens and a total seating capacity of at least 50 persons but not more than 600 persons.
c. A license issued under the provisions of this 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.).1
1[3.] 4.1 This act shall take effect immediately.