Bill Text: NJ S3502 | 2018-2019 | Regular Session | Amended


Bill Title: Allows alcoholic beverages to be consumed outdoors in Atlantic City Tourism District.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2019-06-20 - Received in the Assembly, Referred to Assembly Oversight, Reform and Federal Relations Committee [S3502 Detail]

Download: New_Jersey-2018-S3502-Amended.html

[First Reprint]

SENATE, No. 3502

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MARCH 4, 2019

 


 

Sponsored by:

Senator  BOB ANDRZEJCZAK

District 1 (Atlantic, Cape May and Cumberland)

Senator  JAMES BEACH

District 6 (Burlington and Camden)

 

Co-Sponsored by:

Senator Brown

 

 

 

 

SYNOPSIS

     Allows alcoholic beverages to be consumed outdoors in Atlantic City Tourism District.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Law and Public Safety Committee on June 6, 2019, with amendments.

  


An Act concerning the sale and consumption of alcoholic beverages and amending P.L.2011, c.18.

 

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

 

     1.    Section 1 of P.L.2011, c.18 (C.5:12-218) is amended to read as follows:

     1.    As used in P.L.2011, c.18 (C.5:12-218 et al.):

     "Atlantic City" or "city" means the City of Atlantic City, Atlantic County.

     "Atlantic City convention center project" or "convention center project" means the project authorized by paragraph (9) of subsection a. of section 6 of P.L.1971, c.137 (C.5:10-6).

     "Atlantic City Tourism District" or "tourism district" means the district within Atlantic City established pursuant to section 5 of P.L.2011, c.18 (C.5:12-219).

     "Authority" means the Casino Reinvestment Development Authority established pursuant to section 5 of P.L.1984, c.218 (C.5:12-153).

     "Convention center authority" means the Atlantic City Convention and Visitors Authority established pursuant to section 3 of P.L.1981, c.459 (C.52:27H-31).

     "Convention Center Division" or "division" means the division created pursuant to paragraph (1) of subsection b. of section 12 of P.L.2011, c.18 (C.5:12-226) to exist within the authority as a division of the authority.

     "Development and design guidelines" means the development and design guidelines for site plan applications, which guidelines are to be adopted by the authority pursuant to section 6 of P.L.2011, c.18 (C.5:12-220).

     "District land use regulations" means the regulations, applicable within the tourism district, that are to be adopted by the authority pursuant to P.L.2011, c.18 (C.5:12-218 et al.).

     "Gaming" means, in addition to any meaning otherwise provided by law, any legalized form of gambling in New Jersey including, but not limited to, casino gambling and horse racing.

     "Nonconforming use" means a legal or pre-existing use or activity which fails to conform to the development and design guidelines or land use regulations adopted by the authority pursuant to P.L.2011, c.18 (C.5:12-218 et al.).

     "Open container area" means portions of the beach, boardwalk, or other areas within the Atlantic City Tourism District, as determined by the authority, in which pedestrians are permitted to carry and consume open containers of alcoholic beverages pursuant to subsections n. and o. of section 5 of P.L.2011, c.18 (C.5:12-219).             "Public safety improvements" means the development of infrastructure in the tourism district made for the purpose of increasing safety. Such improvements would include the development of appropriate security technology and the installation of increased lighting in outdoor areas, the installation of surveillance cameras, and the installation of emergency phones and lights throughout the tourism district for use by appropriate security and law enforcement personnel.

     "Road and highway authority" means any State or local entity, including, but not limited to, Atlantic City or any agency thereof, Atlantic County or any agency thereof, the New Jersey Department of Transportation, and the South Jersey Transportation Authority established under section 4 of P.L.1991, c.252 (C.27:25A-4), or any other State or local entity having jurisdiction over (a) the roads and highways in the tourism district, (b) the roads and highways adjacent to the tourism district, (c) the land area in which the authority is an interested party pursuant to subsection c. of section 6 of P.L.2011, c.18 (C.5:12-220), or (d) the portion of the roads and highways in Atlantic City which provide direct access to the tourism district.

     "Tourism district master plan" or "Master plan," or "plan," means the authority's comprehensive master plan for the redevelopment of the tourism district.

     "Transfer Date" means, with respect to the assumption by the authority of the powers, duties, assets, and responsibilities of the convention center authority, the date on which (a) the chairs of the authority and the convention center authority certify to the Governor that all of the bonds issued by the convention center authority cease to be outstanding within the meaning of the resolutions pursuant to which the bonds were issued, and (b) the authority assumes all debts and statutory responsibilities of the convention center authority.

(cf: P.L.2016, c.5, s.11)

 

     2.    Section 5 of P.L.2011, c.18 (C.5:12-219) is amended to read as follows: 

     5     a. (1) There shall be established by resolution of the authority the Atlantic City Tourism District, which shall consist of those lands within Atlantic City that comprise an area to be designated by the resolution.  The area so designated shall include the facilities comprising licensed Atlantic City casinos, casino hotels, and any appurtenant property, any property under the ownership or control of the authority, the Atlantic City Special Improvement District established by ordinance of the City of Atlantic City, any property under the ownership or control of the convention center authority prior to the transfer date, any property within Atlantic City under the ownership or control of the New Jersey Sports and Exposition Authority established pursuant to P.L.1971, c.137 (C.5:10-1 et seq.) prior to the transfer date, the Atlantic City Convention Center, Boardwalk Hall and any part of the property consisting of the Atlantic City convention center project prior to the transfer date, and any specified part of Atlantic City which the authority finds by resolution to be an area in which the majority of private entities are engaged primarily in the tourism trade, and the majority of public entities, if any, serve the tourism industry.  Notwithstanding section 7 of P.L.1984, c.218 (C.5:12-155), the authority shall adopt the resolution by an affirmative vote of two-thirds of the voting members of the authority no more than 90 days after the effective date of P.L.2011, c.18 (C.5:12-218 et al.).  Notwithstanding section 7 of P.L.1984, c.218, adoption by the authority of any subsequent resolution to revise, in a manner consistent with this subsection, the area designated as comprising the tourism district shall also be by an affirmative vote of two-thirds of the voting members of the authority.

     (2)   If, on the 91st day after the effective date of P.L.2011, c.18 (C.5:12-218 et al.), the authority has not adopted the resolution establishing the tourism district as provided pursuant to paragraph (1) of this subsection, the authority shall carry out the purposes of P.L.2011, c.18 (C.5:12-218 et al.) within the following areas of Atlantic City:

     (a)   the area known as Bader Field;

     (b)   the area known as the Marina District beginning at a point north of White Horse Pike and continuing northwesterly along State Route 87 and Huron Avenue, and the casinos and hotels adjacent thereto, and bounded to the east by the body of water known as Clam Thorofare and bounded to the west by Huron Avenue and which area shall also encompass the area known as Farley Marina; and

     (c)   all that certain area bounded by a line, having as its point of origin the intersection of Kingston Avenue and Ventnor Avenue, which line of boundary proceeds from that point of origin as follows: 

     Northeasterly along Ventnor Avenue to its junction with Capt. John A. O'Donnell Parkway;

     Thence northeasterly along that Parkway to its intersection with Atlantic Avenue;

     Thence northeasterly along Atlantic Avenue to its junction with Florida Avenue;

     Thence northwesterly along Florida Avenue to its junction with North Turnpike Road;

     Thence northwesterly along North Turnpike Road to its junction with Sunset Avenue;

     Thence along Sunset Avenue as it curves to its intersection with Mediterranean Avenue;

     Thence northeasterly along Mediterranean Avenue to its junction with North Mississippi Avenue;

     Thence continuing southeasterly along North Mississippi Avenue to its junction with Fairmont Avenue;

     Thence northeasterly along Fairmount Avenue to its intersection with Christopher Columbus Boulevard;

     Thence northwesterly along Christopher Columbus Boulevard to the point at which it borders the Atlantic City Expressway, to its junction with the Atlantic City Expressway and Arkansas Avenue;

     Thence continuing westerly and northerly along the perimeter of the Atlantic City Expressway along the points of that perimeter to the point at which the perimeter is parallel to the northwest facing perimeter of the property encompassing the Atlantic City Convention Center;

     Thence continuing southerly and westerly along the northwest facing perimeter of the property encompassing the Atlantic City Convention Center to the point at which such property, and any property immediately adjacent thereto, intersects with Bacharach Boulevard;

     Thence continuing southerly and easterly along Bacharach Boulevard to its junction with Arctic Avenue;

     Thence continuing northeasterly along Arctic Avenue to its junction with Tennessee Avenue;

     Thence continuing southeasterly along Tennessee Avenue to its junction with Atlantic Avenue;

     Thence continuing northeasterly along Atlantic Avenue at a width extending westerly of 100 feet from all points along the western side of Atlantic Avenue to its junction with Maine Avenue;

     Thence continuing from the intersection of Maine Avenue and Atlantic Avenue easterly in a line extending through the Boardwalk and beach, to the tidal shore of Atlantic City;

     Thence continuing from the intersection of the end point of that line and the tidal shore, southerly along the tidal shores as it jogs and curves to the point the tidal shore turns to a southwesterly direction;

     Thence continuing along such southwesterly direction of the tidal shores as it jogs and curves to the point on the tidal shore at which the shoreline would intersect with a straight-line projection oceanward of southern Kingston Avenue;

     Thence continuing northerly and westerly along Kingston Avenue to its junction with Ventnor Avenue.

     b.    Upon and after the adoption, pursuant to subsection a. of this section, of the resolution establishing the tourism district, or upon and after the establishment of the tourism district under paragraph (2) of subsection a. of this section, as appropriate the authority shall have jurisdiction within the tourism district to impose land use regulations, implement development and design guidelines and implement initiatives that promote cleanliness, commercial development, and safety, undertake redevelopment projects, and institute public safety improvements in coordination with security and law enforcement personnel.

     c.     (1) Notwithstanding any law, rule, or regulation to the contrary, upon and after the adoption, pursuant to subsection a. of this section, of the resolution establishing the tourism district, or upon and after the establishment of the tourism district under paragraph (2) of subsection a. of this section, as appropriate, the authority shall have, in conjunction with the appropriate road and highway authority or authorities, as appropriate, jurisdiction with respect to the approval of development projects upon those roads and highways over which such road and highway authority or authorities have jurisdiction as of the date of enactment of P.L.2011, c.18 (C.5:12-218 et al.).

     (2)   Notwithstanding any law, rule, or regulation to the contrary, upon and after the adoption, pursuant to subsection a. of this section, of the resolution establishing the tourism district, or upon and after this establishment of the tourism district under paragraph (2) of subsection a. of this section, as appropriate, the authority shall have, with respect to the roads and highways located within the tourism district, exclusive jurisdiction with respect to the promulgation of rules and regulations affecting the control and direction of traffic within the tourism district.

     d.    The authority may, by resolution, authorize the commencement of studies and the development of preliminary plans and specifications relating to the creation and maintenance of the tourism district.  These studies and plans shall include, whenever possible, estimates of construction and maintenance costs, and may include criteria to regulate the construction and alteration of facades of buildings and structures in a manner which promotes unified or compatible design.

     e.     In furtherance of the development of an economically viable and sustainable tourism district, the authority shall, within one year after the date of enactment of P.L.2011, c.18 (C.5:12-218 et al.), adopt a tourism district master plan.  The authority shall initiate a joint planning process with the participation of: State departments and agencies, corporations, commissions, boards, and, prior to the transfer date, the convention center authority; metropolitan planning organizations; Atlantic County; Atlantic City; and appropriate private interests.

     f.     After the creation of the tourism district pursuant to subsection a. of this section, the authority shall create a commission to be known as the Atlantic City Tourism District Advisory Commission, or "ACT Commission," consisting of members to be appointed by the authority. Persons appointed as members of the commission shall include public officials of Atlantic City and Atlantic County, representatives of the casino and tourism industries, public citizens, and any other individual or organization the authority deems appropriate.  The commission shall be authorized to review the authority's annual budget and the authority's plans concerning the tourism district.  The commission shall, from time to time, make recommendations to the authority concerning the authority's development and implementation of the tourism district master plan, and the authority shall give due consideration to those recommendations.  In order to ensure coordination, compatibility, and consistency between the tourism district master plan and the city's master plan, the authority shall consult with the city in developing the tourism district master plan.

     g.    The tourism district master plan shall establish goals, policies, needs, and improvement of the tourism district, the implementation of clean and safe initiatives, and the expansion of the Atlantic City boardwalk area to reflect an authentic New Jersey boardwalk experience.  The authority may consult with public and private entities, including, but not limited to, those entities that are present in, or that have been involved with the development of, boardwalk areas in New Jersey such as the boardwalk areas of Ocean City, the Wildwoods, and Cape May.

     h.    In developing the tourism district master plan, the authority shall place special emphasis upon the following:

     (1)   the facilitation, with minimal government direction, of the investment of private capital in the tourism district in a manner that promotes economic development;

     (2)   making use of marina facilities in a way that increases economic activity;

     (3)   the development of the boardwalk area;

     (4)   the development of the Marina District; and

     (5)   the development of nongaming, family centered tourism related activities such as amusement parks.

     i.     The authority shall solicit funds from private sources to aid in support of the tourism district.

     j.     The authority shall administer and manage the tourism district and carry out such additional functions as provided under P.L.2011, c.18 (C.5:12-218 et al.).  The authority shall oversee the redevelopment of the tourism district and implementation of the tourism district master plan.  The authority shall enter into agreements with public and private entities for the purposes of promoting the economic and general welfare of Atlantic City and the tourism district. Any resolution adopted by the city of Atlantic City to establish a program of municipal financial assistance, in the form of grants, loans, tax credits or abatements, or other incentives, or to enter into an agreement providing such financial assistance, to support a development or redevelopment project located within the tourism district shall require the approval of the authority.  If such resolution shall receive the approval of the authority, then notwithstanding any law, rule, or order to the contrary, the program may be implemented by the mayor without the adoption of any municipal ordinance.  A program adopted pursuant to this subsection shall not be subject to repeal or suspension by voter initiative.

     k.    Notwithstanding the provisions of any other law to the contrary, the authority shall provide that all available assets and revenues of the authority shall be devoted to the purposes of the tourism district and community development in Atlantic City, unless otherwise provided by contract entered into prior to the effective date of P.L.2011, c.18 (C.5:12-218 et al.).

     l.     The authority shall coordinate and collaborate with the city of Atlantic City Planning and Zoning Departments with respect to code enforcement, planning and zoning.  The authority shall coordinate and collaborate with any of the city's departments, agencies, and authorities with respect to administrative operations relating to the implementation of the tourism district master plan.  If the city determines that it is unable to coordinate and collaborate with the authority pursuant to this subsection, the Department of Community Affairs, shall, at the request of the authority, assume jurisdiction over the Atlantic City Planning and Zoning Departments and any other appropriate departments, agencies, or authorities of the city responsible for code enforcement and administrative operations of the city to provide that the authority shall receive necessary assistance regarding code enforcement and administrative actions undertaken in its implementation of the tourism district master plan.  The assumption of jurisdiction by the Department of Community Affairs over any department, agency, or authority of the city, undertaken pursuant to this subsection, shall not be construed as affecting the jurisdiction of any such department, agency, or authority, or of the city, with respect to regulatory control or the provision of services by the city, unless such regulatory control or provision of services is directly related to the provision of assistance to the authority regarding code enforcement and administrative actions undertaken in furtherance of the implementation of the tourism district master plan.

     m.   Two years after the adoption of the tourism district master plan, the authority shall conduct a formal evaluation of the plan to assess the functionality of its implementation.  The authority may make any changes concerning its implementation of the master plan, as necessary, to improve its functionality.  Such changes may include the reallocation of the resources of any division under the authority's jurisdiction and the reorganization of the functions and operations of those entities which pertain to the tourism district master plan.  The authority may make any changes concerning the employment of authority employees which would improve the functionality of the authority's implementation of the master plan.

     n.    Notwithstanding any other provision of law to the contrary, the authority may, by resolution, authorize 1[the sale of alcoholic beverages by]1 the holder of a plenary retail consumption license, casino hotel alcoholic beverage 1[permit] license1, concessionaire permit, or other license or permit 1who is1 authorized to sell alcoholic beverages 1[in connection with a] for consumption on a1 licensed premises 1[that is located adjacent to an open container area] to sell alcoholic beverages for consumption in an open container area provided that the licensed premises is located adjacent to an open container area1 and 1[may]1, subject to conditions imposed by the authority 1[as defined in section 1 of P.L.2011, c.18 (C.5:12-218)]1 and the appropriate alcoholic beverage license issuing authority, allow a patron who is at least 21 years of age to remove a single alcoholic beverage in an open container for consumption within the open container area by that patron.  

     A determination to adopt a resolution pursuant to this subsection shall be made only after a public hearing is held by the authority on the merits of establishing an open container area.

     o.    Notwithstanding any other provision of law to the contrary, a pedestrian who is at least 21 years of age may consume alcoholic beverages from an open container that was purchased from a license holder who is authorized pursuant to subsection n. of this section to allow the removal of open containers of alcoholic beverages from the licensed premises. 

(cf: P.L.2012, c.34, s.12)

 

     3.    This act shall take effect on the first day of the third month following enactment.

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