Bill Text: NJ S2542 | 2010-2011 | Regular Session | Introduced


Bill Title: Extends grandfather clause for renewal of lapsed alcoholic beverage retail licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-12-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2542 Detail]

Download: New_Jersey-2010-S2542-Introduced.html

SENATE, No. 2542

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED DECEMBER 9, 2010

 


 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

 

 

 

 

SYNOPSIS

     Extends grandfather clause for renewal of lapsed alcoholic beverage retail licenses.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning retail alcoholic beverage licenses and amending P.L.1947, c.94.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 6 of P.L.1947, c.94 (C.33:1-12.18) is amended to read as follows:

     6.    a. Except as provided in subsection d. of this section, in any case in which a timely renewal was not filed, nothing in this act shall be deemed to prevent the issuance of a new license to a person who files an application therefor within  one year following the expiration of the license renewal period, but who pays the municipal and State renewal fees for the year for which a timely renewal application was not filed, 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 or other extraordinary circumstances.

     b.    Any request for relief under this section shall be filed not later than one year following the expiration of the license renewal period for the license which was not renewed in a timely manner and shall be accompanied by a nonreturnable filing fee of  $100 payable to the director for each license term.

     c.     A new license issued pursuant to this section shall be assigned the same license number as the license which was not renewed in a timely manner.

     d.    Notwithstanding subsection a. of this section, a person with an expired license which was not renewed within the five years immediately preceding the enactment of [P.L.2010, c.14] P.L.     , c.    (pending before the Legislature as this bill), but who pays the municipal and State renewal fees for each year for which a timely renewal application was not filed, may file for issuance of a new license in accordance with subsection a. of this section within six months of the effective date of [P.L.2010, c.14] P.L.     , c.    (pending before the Legislature as this bill).

(cf:  P.L.2010, c.14, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     The bill extends a grandfather clause for persons who, under certain circumstances, are issued a new retail alcoholic beverage license after failing to file a timely license renewal application.

     P.L.1947, c.94 was recently amended to allow for the issuance of a new retail alcoholic beverage license to a licensee who did not file a timely license renewal application, if that licensee files an application within one year of the license expiration date.   The amendment also applied to any licensee whose license expired within the five year period immediately preceding the amendment's enactment date if that licensee applied for the new license within six months after the amendment was signed into law.  This bill extends the time period that such a licensee may apply for a new license for an additional six months.

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