Statutes, codes, and regulations
New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETYChapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Subchapter 5 - ISSUANCE OF SPECIAL PERMITS BY DIRECTOR
Section 13:2-5.2 - Special concessionaire permit

N.J. Admin. Code § 13:2-5.2

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Current through Register Vol. 56, No. 8, April 15, 2024
Section 13:2-5.2 - Special concessionaire permit
(a) Application for a special concessionaire permit may be made to the Director by any individual, partnership, corporation, limited liability company, or other type of legal entity who has entered into a contract with the State of New Jersey, or any political subdivision thereof, whereby said person or organization is authorized to sell alcoholic beverages for immediate consumption in any public building or on any property owned by or under the control of the State of New Jersey or any political subdivision thereof. Such permit may also authorize the sale of alcoholic beverages in original containers for off-premises consumption, provided the applicant, with the consent of the governmental agency, establishes to the satisfaction of the Director that there is good cause for such sales.
(b) The term of a special concessionaire permit shall be from July 1 through June 30 unless otherwise specified. The fee for the permit shall be $ 2,000, and is payable with the application to the Division of Alcoholic Beverage Control.
(c) Application must be supported by the following documents before permit will be issued by the Director:
1. Letter of authorization form, and copy of agreement with, the State, county, or municipal official or body charged with responsibility over public buildings or lands at which the sale of alcoholic beverages is sought;
2. Letter of applicant detailing manner and method of proposed operation under permit;
3. Plan or sketch of premises to be used in accordance with permit;
4. If applicant is incorporated--copy of certificate of incorporation; if an association--copy of charter; and
5. Affidavit of publication by newspaper in which notice of application has appeared, as hereinafter provided.
(d) Within 10 days subsequent to the filing of application with the Director, applicant shall cause to be published a notice of application once, in a newspaper printed in the English language, published and circulated in the municipality in which the premises sought to be authorized are located. If, however, there shall be no such newspaper, then such notice shall be published in a newspaper printed in the English language, published and circulated in the county in which said premises are located.
(e) Notice of application shall be published in the following form:

-NOTICE-
ALCOHOLIC BEVERAGE PERMIT
Take notice that ..........................................................
(Name of Applicant)

has applied to the DIRECTOR of the New Jersey DIVISION OF ALCOHOLIC BEVERAGE CONTROL for a SPECIAL CONCESSIONAIRE PERMIT for premises situated at

............................................................................
(No.) (Street) (Municipality)

The person(s) who will hold an interest in this permit is/are:

See *

See ** to insert other information applicable

Objections, if any, should be addressed to the Director, Division of Alcoholic Beverage Control, PO Box 087, Trenton, New Jersey 08625.

............................................................................
(Name of Applicant)
............................................................................
(Address of Applicant)

* If the applicant is an individual, insert the name and residence address of that individual.

If applicant is a corporation, insert the names and residence address of all officers and all directors, and the names and residences of all stockholders holding one percent or more of any of the stock of the applicant corporation or any corporation that is a stockholder in the applicant corporation.

If the applicant is a partnership, insert the name of the partnership and the names and residence address of all partners and any limited partners holding an interest of one percent or more.

If applicant is a club, insert the names and residence address of the officers and the offices they fill respectively, and the names and residences of the directors, trustees or other governing officials.

If the applicant is a limited liability company, insert the name of the limited liability company, and the name and addresses of all officers and members.

**If the application is for a building not yet constructed, insert in the Notice the following: "Plans of building to be constructed may be examined at the office of the Director of the Division of Alcoholic Beverage Control, 140 East Front Street, Fifth Floor, Trenton, New Jersey 08625."

(f) Upon timely receipt of a duly signed written objection to the issuance of a special concessionaire permit, the Director will afford a hearing to all parties and notify the applicant and the objector of the date, hour and place thereof. No hearing need be held if no objection shall be lodged, but the application shall not be denied without first affording the applicant an opportunity to be heard.
(g) The holder of a special concessionaire permit shall be entitled to purchase alcoholic beverages only from the holders of New Jersey wholesale licenses. Said permittee is expressly prohibited from purchasing alcoholic beverages from retail licensees and from selling or offering for sale alcoholic beverages for off-premises consumption, unless specifically authorized in the permit issued by the Director upon a showing of good cause therefor.
(h) The Director may, in the exercise of sound discretion, impose special conditions on any permit.
(i) The holder of a special concessionaire permit must abide by all provisions of the New Jersey Alcoholic Beverage Control Act, Division rules and regulations and municipal ordinances as they pertain to retail licensees. Failure to do so may result in disciplinary proceedings against the permittee. Hours of sale shall not exceed those permitted in the municipality in which the public building or land is located.

N.J. Admin. Code § 13:2-5.2

As amended, R.1979 d.138, eff. 5/1/1979.
See: 11 N.J.R. 143(a), 11 N.J.R. 257(c).
Amended by R.1986 d.181, effective 5/19/1986.
See: 18 N.J.R. 545(a), 18 N.J.R. 1104(a).
Substantially amended.
Amended by R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
In (a), added "or on any property" owned or controlled by State; in (b), clarified payment of fee with application; in (c)1, added public "buildings or" lands. Substantially revised application form. In (f), "Upon timely receipt" was "Upon receipt"; in (i), stipulated public building "or land".
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 N.J.R. 2051(a), 27 N.J.R. 3177(a).
Changed Director's address.
Amended by R.2000 d.342, effective 8/21/2000.
See: 32 N.J.R. 1717(a), 32 N.J.R. 3162(a).
In (a), deleted "or" following "partnership," and added ", or other type of legal entity" following "corporation"; and rewrote (b).
Special amendment, R.2003 d.311, effective 7/3/2003 (to expire January 3, 2004).
See: 35 N.J.R. 3707(a).
In (b), substituted "$ 2,000" for "fixed by the Director" following "for the permit shall be".
Adopted concurrent amendment, R.2003 d.470, effective 11/5/2003.
See: 35 N.J.R. 3707(a), 35 N.J.R. 5427(a).
Provisions of R.2003 d.311 adopted without change.
Amended by R.2006 d.67, effective 2/21/2006.
See: 37 N.J.R. 3221(a), 38 N.J.R. 1193(a).
In (a), added ", limited liability company,"; in (e), added "If the applicant is a limited liability company, insert the name of the limited liability company, and the name and addresses of all officers and members." to the Notice form.