Section 33:1-12.55 - [Effective 8/1/2024] Definitionsa. As used in this section: "Eligible municipality" means a municipality in which at least one shopping mall is located and the number of plenary retail consumption licenses has reached the population limitation established in section 2 of P.L. 1947, c. 94 (C.33:1-12.14).
"Enforcing agency" means the enforcing agency in any municipality designated to administer and enforce the "State Uniform Construction Code Act" pursuant to section 8 of P.L. 1975, c. 217 (C. 52:27D-126), and regulations promulgated thereunder.
"Shopping mall" means a standalone, publicly accessible enclosed walkway or hall area that serves to connect retail, entertainment, food and beverage establishments, and office space and:
(1) that is under common ownership or control and connects with or provides access to separate retail establishments, including at least one restaurant or other establishment that serves alcoholic beverages pursuant to a plenary retail consumption license; and(2) was constructed prior to the effective date of P.L. 2023, c. 290 (C.33:1-10b et al.) or for which an application for a construction permit has been declared complete by an enforcing agency prior to the effective date of P.L. 2023, c. 290 (C.33:1-10b et al.)."Strip mall" means a retail shopping complex that consists of stores, restaurants, or other businesses in adjacent spaces or storefronts in one or more buildings that are connected by a doorway or open onto a common parking lot or outdoor pedestrian walkway.
b. The governing body of an eligible municipality may, by ordinance or resolution, issue within the municipality not more than: (1) two special licenses to a person or other legal entity for use in connection with a food and beverage establishment located within a shopping mall with a minimum gross square footage of not less than 750,000; and(2) four special licenses to a person or other legal entity for use in connection with a food and beverage establishment located within a shopping mall with a gross square footage of 1,500,000 or more.c. A special license issued pursuant to subsection b. of this section shall authorize the sale of alcoholic beverages for immediate consumption on the operator's premises.d. A person who would fail to qualify as a licensee under Title 33 of the Revised Statutes shall not be permitted to hold an interest in a special license under the provisions of this section.e. Licenses shall be subject to all the provisions of Title 33 of the Revised Statutes, rules and regulations promulgated by the director, and municipal ordinances.f. A special license issued pursuant to this section shall not be transferred for use in connection with any premises other than a premises that is operated as a food and beverage establishment located within the same shopping mall.g. Application for the initial issuance and renewal of each license shall be made to the municipal governing body on an annual basis. The fee for the initial issuance of the license shall be at least $250,000. One half of the initial issuance fee for the license shall be paid upon the issuance of the license and the other half of that amount shall be paid one year later. The governing body of the municipality shall establish an annual fee for the license which shall not exceed the fee which may be imposed by a municipality for a plenary retail consumption license pursuant to R.S. 33:1-12. The fee for the initial issuance of the license shall be paid to the eligible municipality in which the license is issued.
h. If the individual corporation or entity holding the license determines to transfer a special license issued pursuant to this section, the license shall be sold for the sum paid pursuant to subsection g. of this section. A special license issued pursuant to this section shall not be transferred to the governing body of another municipality or for use in connection with any premises other than a premises that is operated as a food and beverage establishment located within a shopping mall.i. The director shall not issue a special concessionaire permit for any location or premises which is eligible to obtain a license to serve alcoholic beverages under the provisions of this section.j. A special license issued pursuant to this section shall not be subject to the population limitation established pursuant to section 2 of P.L. 1947, c. 94 (C.33:1-12.14). An interest in a special license issued pursuant to this section shall be excluded in determining the maximum number of plenary retail consumption licenses issued to a person pursuant to P.L. 1962, c. 152 (C.33:1-12.31 et seq.).k. The provisions of this section shall not apply to a strip mall as defined in subsection a. of this section.l. Pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C.52:14B-1 et seq.), the director may adopt rules and regulations to effectuate the purposes of this act.Added by L. 2023, c. 290,s. 6, eff. 8/1/2024.