Rutgers Law

New Jersey Statutes, Title: 33, INTOXICATING LIQUORS

    Chapter 1:

      Section: 33:1-12.39: Active use required for renewal of Class C license; fee

          1. a. On and after the effective date of P.L.2023, c.290 (C.33:1-10b et al.), a Class C license as defined in R.S.33:1-12 shall not be renewed if the license has not been actively used in connection with the operation of a licensed premises within two consecutive license terms. A license that remains inactive at the end of the two-year period shall expire, provided, however, the governing body of a municipality may in its discretion extend the period during which the license may remain inactive for an additional year.

b. Notwithstanding subsection a. of this section, 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 the licensee is making a good faith effort to resume active use of the license in connection with the operation of a licensed premise, the time period provided for in this section shall be automatically extended for an additional period of two license terms.

c. Following the effective date of P.L.2023, c.290 (C.33:1-10b et al.), prior to the expiration of an inactive license pursuant to subsection a. of this section, an inactive license shall be:

(1) actively used by the license holder;

(2) transferred in a private transaction for fair market value to another person who intends to use the license. The transferee shall actively use the license in connection with a premises upon receipt of the license; or

(3) transferred from a sending municipality to a receiving municipality in accordance with section 3 of P.L.2023, c.290 (C.33:1-24.3a).

d. The director shall divide the inactive plenary retail consumption licenses that were placed on inactive status prior to the effective date of P.L.2023, c.290 (C.33:1-10b et al.) into quartiles based on the total length of time that the licenses have been inactive. The licenses shall be transferred pursuant to subsection c. of this section in accordance with the following time schedule:

(1) the quartile that has been inactive for the longest period of time shall be transferred pursuant to subsection c. of this section within one year of the effective date of P.L.2023, c.290 (C.33:1-10b et al.);

(2) the quartile that has been inactive for the second longest period of time shall be transferred pursuant to subsection c. of this section within two years following the effective date of P.L.2023, c.290 (C.33:1-10b et al.);

(3) the quartile that has been inactive for the third longest period of time shall be transferred pursuant to subsection c. of this section within three years following the effective date of P.L.2023, c.290 (C.33:1-10b et al.); and

(4) the quartile that has been inactive for the shortest period of time shall be transferred pursuant to subsection c. of this section within four years following the effective date of P.L.2023, c.290 (C.33:1-10b et al.).

e. Any request for relief under this section shall be accompanied by a nonreturnable filing fee of $100 payable to the director.

L.1977,c.246,s.1; amended 1992, c.188, s.8; 1996, c.127,s.1; 2023, c.290, s.4.

This section added to the Rutgers Database: 2024-06-14 13:54:26.

Older versions of 33:1-12.39 (if available):

Court decisions that cite this statute: CLICK HERE.