33:1-12 Class C licenses; classifications; fees.
33:1-12. Class C licenses shall be subdivided and classified as follows:
Plenary retail consumption license. 1. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle, and also to sell any alcoholic beverages in original containers for consumption off the licensed premises; but this license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drug store or other mercantile business is carried on, except as hereinafter provided. The holder of this license shall be permitted to conduct consumer wine, beer and spirits tasting events and samplings for a fee or on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control, provided however, that the holder of this license complies with the terms and conditions set forth in section 3 of P.L.2009, c.216 (C.33:1-12d). Subject to such rules and regulations established from time to time by the director, the holder of this license shall be permitted to sell alcoholic beverages in or upon the premises in which any of the following is carried on: the keeping of a hotel or restaurant including the sale of mercantile items incidental thereto as an accommodation to patrons; the sale, at an entertainment facility as defined in R.S.33:1-1, having a seating capacity for no less than 4,000 patrons, of mercantile items traditionally associated with the type of event or program held at the site; the sale of distillers', brewers' and vintners' packaged merchandise prepacked as a unit with other suitable objects as gift items to be sold only as a unit; the sale of novelty wearing apparel identified with the name of the establishment licensed under the provisions of this section; the sale of cigars, cigarettes, packaged crackers, chips, nuts and similar snacks and ice at retail as an accommodation to patrons, or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages; or, in commercial bowling establishments, the retail sale or rental of bowling accessories and the retail sale from vending machines of candy, ice cream and nonalcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at not less than $250 and not more than $2,500. No ordinance shall be enacted which shall raise or lower the fee to be charged for this license by more than 20% from that charged in the preceding license year or $500.00, whichever is the lesser. The governing board or body of each municipality may, by ordinance, enact that no plenary retail consumption license shall be granted within its respective municipality.
The holder of this license shall be permitted to obtain a restricted brewery license issued pursuant to subsection 1c. of R.S.33:1-10 and to operate a restricted brewery immediately adjoining the licensed premises in accordance with the restrictions set forth in that subsection. All fees related to the issuance of both licenses shall be paid in accordance with statutory law.
Seasonal retail consumption license. 2. (1) The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle, and also to sell any alcoholic beverages in original containers for consumption off the licensed premises, during the summer season from May 1 until November 14, inclusive, or during the winter season from November 15 until April 30, inclusive.
(2) In addition, the director shall issue to the holder of this license, upon request by the licensee, one-day permits that shall entitle the license holder to sell alcoholic beverages for consumption on the licensed premises during the season when the license holder is not authorized to sell alcoholic beverages pursuant to subparagraph (1) of this subsection. The number of one-day permits issued to a licensee pursuant to this subsection shall not exceed an aggregate of 14 permits in one calendar year. A one-day permit issued pursuant to this subsection shall be valid for 24 consecutive hours. The fee for each one-day permit shall be $500.
The governing body of the municipality in which the licensed premises is situated may place reasonable conditions upon a one-day permit for the purpose of maintaining public safety on the licensed premises and immediately surrounding area. The costs associated with the reasonable conditions placed on the one-day permit shall be assumed by the holder of this license.
(3) This license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drug store or other mercantile business is carried on, except as hereinafter provided. Subject to such rules and regulations established from time to time by the director, the holder of this license shall be permitted to sell alcoholic beverages in or upon the premises in which any of the following is carried on: the keeping of a hotel or restaurant including the sale of mercantile items incidental thereto as an accommodation to patrons; the sale of distillers', brewers' and vintners' packaged merchandise prepacked as a unit with other suitable objects as gift items to be sold only as a unit; the sale of novelty wearing apparel identified with the name of the establishment licensed under the provisions of this section; the sale of cigars, cigarettes, packaged crackers, chips, nuts and similar snacks and ice at retail as an accommodation to patrons; or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at 75% of the fee fixed by said board or body for plenary retail consumption licenses. The governing board or body of each municipality may, by ordinance, enact that no seasonal retail consumption license shall be granted within its respective municipality.
Plenary retail distribution license. 3. a. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers; except that licensees shall be permitted to conduct consumer wine, beer, and spirits tasting events and samplings on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control, provided however, that the holder of this license complies with the terms and conditions set forth in section 3 of P.L.2009, c.216 (C.33:1-12d).
The governing board or body of each municipality may, by ordinance, enact that this license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, except that any such ordinance, heretofore or hereafter adopted, shall not prohibit the retail sale of distillers', brewers' and vintners' packaged merchandise prepacked as a unit with other suitable objects as gift items to be sold only as a unit; the sale of novelty wearing apparel identified with the name of the establishment licensed under the provisions of this act; cigars, cigarettes, packaged crackers, chips, nuts and similar snacks, ice, and nonalcoholic beverages as accessory beverages to alcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at not less than $125 and not more than $2,500. No ordinance shall be enacted which shall raise or lower the fee to be charged for this license by more than 20% from that charged in the preceding license year or $500.00, whichever is the lesser. The governing board or body of each municipality may, by ordinance, enact that no plenary retail distribution license shall be granted within its respective municipality.
Limited retail distribution license. 3. b. The holder of this license shall be entitled, subject to rules and regulations, to sell any unchilled, brewed, malt alcoholic beverages in quantities of not less than 72 fluid ounces for consumption off the licensed premises, but only in original containers; provided, however, that this license shall be issued only for premises operated and conducted by the licensee as a bona fide grocery store, meat market, meat and grocery store, delicatessen, or other type of bona fide food store at which groceries or other foodstuffs are sold at retail; and provided further that this license shall not be issued except for premises at which the sale of groceries or other foodstuffs is the primary and principal business and at which the sale of alcoholic beverages is merely incidental and subordinate thereto. The fee for this license shall be fixed by the governing body or board of the municipality in which the licensed premises are situated, by ordinance, at not less than $31 and not more than $63. The governing board or body of each municipality may, by ordinance, enact that no limited retail distribution license shall be granted within its respective municipality.
Plenary retail transit license. 4. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages, for consumption only, on railroad trains, airplanes, limousines and boats, while in transit. The fee for this license for use by a railroad or air transport company shall be $375, for use by the owners of limousines shall be $31 per vehicle, and for use on a boat shall be $63 on a boat 65 feet or less in length, $125 on a boat more than 65 feet in length but not more than 110 feet in length, and $375 on a boat more than 110 feet in length; such boat lengths shall be determined in the manner prescribed by the Bureau of Customs of the United States Government or any federal agency successor thereto for boat measurement in connection with issuance of marine documents. A license issued under this provision to a railroad or air transport company shall cover all railroad cars and planes operated by any such company within the State of New Jersey. A license for a boat or limousine issued under this provision shall apply only to the particular boat or limousine for which issued, and shall permit the purchase of alcoholic beverages for sale or service in a boat or limousine to be made from any Class A and B licensee or from any Class C licensee whose license privilege permits the sale of alcoholic beverages in original containers for off-premises consumption. An interest in a plenary retail transit license issued in accordance with this section shall be excluded in determining the maximum number of retail licenses permitted under P.L.1962, c.152 (C.33:1-12.31 et seq.).
Club license. 5. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages but only for immediate consumption on the licensed premises and only to bona fide club members and their guests. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at not less than $63 and not more than $188. The governing board or body of each municipality may, by ordinance, enact that no club licenses shall be granted within its respective municipality. Club licenses may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic, or similar purposes, and not for private gain, and which comply with all conditions which may be imposed by the Director of the Division of Alcoholic Beverage Control by rules and regulations.
The provisions of section 23 of P.L.2003, c.117 amendatory of this section shall apply to licenses issued or transferred on or after July 1, 2003, and to license renewals commencing on or after July 1, 2003.
Sporting facility license. 6. The holder of this license shall be entitled, subject to rules and regulations, to sell at retail or to serve any alcoholic beverages as the owner, operator, lessee, or concessionaire of a sporting facility by the glass or other receptacle or in original containers only on the premises of the sporting facility.
Notwithstanding any other provision of Title 33 of the Revised Statutes and subject to conditions established by the director, the holder of this license may share direction and control of the premises to be licensed and share proceeds and profits from the sale of alcoholic beverages with the owner, operator, concessionaire, or lessee of the facility. The holder of this license shall be permitted to conduct consumer wine, beer, and spirits tasting events and samplings for a fee or on a complimentary basis provided, however, the license holder complies with the provisions of section 3 of P.L.2009, c.216 (C.33:1-12d) and rules and regulations promulgated thereto. Notwithstanding any law, rule or regulation to the contrary, the holder of this license shall be entitled to establish an all-inclusive area within the licensed sporting facility, provided the all-inclusive area is limited to one area within the sporting facility for each game or event and the capacity of the all-inclusive area does not exceed 500 persons.
The fee for this license shall be $2,500 for venues with a capacity of less than 7,500 persons; $5,000 for venues with a capacity of not less than 7,500 persons but not more than 14,999 persons; $7,500 for venues with a capacity of not less than 15,000 persons but not more than 22,499 persons; and $10,000 for venues with a capacity of 22,500 persons or more.
For the purposes of this subsection:
"Sporting facility" means a stadium, arena, team training facility, or similar venue located on public property where alcoholic beverages are served or sold at retail for consumption on the premises by the glass or other open receptacle or in original containers.
"Team training facility" shall include team offices and team headquarters.
amended 1942, c.156; 1946, c.272; 1951, c.163; 1956, c.215; 1957, c.179; 1966, c.180; 1967, c.296; 1968, c.335; 1969, c.183; 1976, c.44, s.3; 1976, c.54; 1985, c.157, s.2; 1993, c.198; 1993, c.216, s.2; 1996, c.83; 1997, c.8, s.2; 2003, c.117, s.23; 2003, c.279; 2009, c.216, s.1; 2015, c.86, s.1; 2018, c.147.
Structure New Jersey Revised Statutes
Title 33 - Intoxicating Liquors
Section 33:1-1.1 - Presumption as to fitness for beverage purposes and alcoholic content
Section 33:1-2 - License required, terms; personal use; brand registration; fees.
Section 33:1-3 - Alcoholic beverage control
Section 33:1-3.1 - Short title; findings, declarations
Section 33:1-4 - Appointment power of director
Section 33:1-4.1 - Use of funds collected as fees, penalties
Section 33:1-5.4 - Secretary to board of alcoholic beverage control
Section 33:1-6 - Only eligible persons to be appointed
Section 33:1-7 - Officers and employees not to be interested in liquor industry; acceptance of gifts
Section 33:1-8 - Form of official bonds; force and effect
Section 33:1-9 - Classes of licenses
Section 33:1-10 - Class A licenses; subdivisions; fees.
Section 33:1-10.1 - Taxes collected, paid.
Section 33:1-11 - Class B alcoholic licenses; subdivisions, classifications; fees.
Section 33:1-11.2 - Definitions
Section 33:1-11.4 - Inapplicability to foreigners who also hold Class A license
Section 33:1-11.5 - Revocation or suspension of license
Section 33:1-11.6 - Active use required for renewal; fee
Section 33:1-12 - Class C licenses; classifications; fees.
Section 33:1-12a - Posting of notice required.
Section 33:1-12c - Definitions relative to alcoholic beverage tastings and samplings.
Section 33:1-12.13 - Renewal licenses; new licenses
Section 33:1-12.14 - New retail licenses; limitation.
Section 33:1-12.15 - Municipalities under 1000, licenses in
Section 33:1-12.16 - Renewal or transfer of existing licenses
Section 33:1-12.19 - New license where licensee served in armed forces
Section 33:1-12.20 - Licensure of certain hotels, motels.
Section 33:1-12.20a - Licenses contingent on completion of construction; rights of holder
Section 33:1-12.21 - Municipal regulations limiting number of license, act is in addition to
Section 33:1-12.22 - Effective date
Section 33:1-12.23 - Sale and display for off-premises consumption
Section 33:1-12.25 - Hotel guests, sale and delivery to
Section 33:1-12.26 - Renewal of expired or expiring license, what is; new licenses
Section 33:1-12.27 - New limited retail distribution license; issuance
Section 33:1-12.28 - Renewal of existing limited retail distribution licenses
Section 33:1-12.31 - Acquisition of beneficial interest in more than two retail licenses prohibited
Section 33:1-12.32 - Alcoholic beverage licenses.
Section 33:1-12.34 - Membership in organization holding club license
Section 33:1-12.35 - Right to continue to hold, use and renew existing licenses
Section 33:1-12.36 - Corporate licenses
Section 33:1-12.37 - Violation; penalty
Section 33:1-12.38 - Rules and regulations
Section 33:1-12.39 - Active use required for renewal of Class C license; fee
Section 33:1-12.40 - Findings, declarations
Section 33:1-12.41 - Definitions
Section 33:1-12.42 - Plenary retail licensees required to complete educational program
Section 33:1-12.43 - Establishment of educational programs for plenary retail licensees
Section 33:1-12.44 - Educational program, scheduling, attendance, curriculum, fees
Section 33:1-12.46 - Completion of educational program required within nine months
Section 33:1-12.47 - Certificate of completion of educational program required for license renewal
Section 33:1-12.48 - Rules, regulations
Section 33:1-12.51 - Rules, regulations.
Section 33:1-12.53 - Letter of consent required.
Section 33:1-12.54 - Regulations.
Section 33:1-13 - Class D, transportation licenses; fees.
Section 33:1-14 - Class E licenses; subdivisions; fees.
Section 33:1-15 - Separate license for each warehouse, salesroom or office
Section 33:1-17 - Licensee to give bond; custody of bonds
Section 33:1-17.1 - Requirement of alcoholic beverage retail licensee clearance certificate
Section 33:1-18 - Director to administer issuance of certain licenses.
Section 33:1-19.1 - Issuance of new, additional licenses, publication of notice.
Section 33:1-19.2 - Issuance of license after publication of notice
Section 33:1-19.3 - Issuance to highest qualified bidder; public sale; qualifications
Section 33:1-19.6 - Inapplicability of act to powers of issuing authority; appeals
Section 33:1-19.7 - Plenary retail consumption license, nonprofit theater
Section 33:1-19.7 - Plenary retail consumption license, issuance to certain nonprofit corporations.
Section 33:1-19.8 - Issuance of retail consumption license to certain nonprofit corporations.
Section 33:1-20 - License to member of issuing authority issued only by director; additional fee
Section 33:1-22 - Appeal to director from action of issuing authority; fee; procedure
Section 33:1-23 - Enumeration of duties of commissioner
Section 33:1-23.1 - Regulation by Commissioner of sales in violation of fair trade contract
Section 33:1-24 - Duties of municipal authorities issuing licenses
Section 33:1-24.3 - Acquisition, sale of inactive plenary retail consumption licenses.
Section 33:1-24.4 - Municipal authority, open container area.
Section 33:1-25.2 - Nonprofit organization; use of name other than peace officer as licensee
Section 33:1-26 - License, terms, transfer; fee.
Section 33:1-26.1 - Peace officers; employment in business licensed to sell alcoholic beverages
Section 33:1-27 - Fee for issuance of license; exceptions
Section 33:1-28 - Transportation of alcoholic beverages by licensees
Section 33:1-28a - Special permit
Section 33:1-29 - Regulation of use of alcoholic beverages by druggists and hospitals; sales to
Section 33:1-31 - Suspension, revocation of license
Section 33:1-31.1 - Automatic suspension of license upon conviction of violation; effect of appeal
Section 33:1-31.2 - Application for removal of statutory disqualification; fee.
Section 33:1-32 - Conditions to issuance of license
Section 33:1-34 - Notice of change in facts set forth in application; corporations
Section 33:1-36 - Service of subpoenas
Section 33:1-38 - Commissioner to hear appeals; powers on appeal; execution of orders
Section 33:1-39 - Rules and regulations by commissioner; subjects covered
Section 33:1-39.1 - Reciprocal rules and regulations with other states
Section 33:1-39.2 - Regulation of sales to consumers
Section 33:1-40 - Municipal regulation of number of retail licenses, hours of sale, etc.
Section 33:1-40.3 - Sale of certain alcoholic beverages.
Section 33:1-41 - Appeal from limitation of number of retail licenses or hours of sale
Section 33:1-43 - Alcoholic beverage retailing restrictions
Section 33:1-43a - Limited right of wholesaler to acquire interest in corporation
Section 33:1-43.2 - Services, items, equipment, availability to retailers, conditions.
Section 33:1-45 - Municipal referendum on retail sales of all kinds of alcoholic beverages
Section 33:1-45.1 - Club license where vote was "No" in referendum; duration of act
Section 33:1-46.1 - Club license; authority to issue after municipal referendum
Section 33:1-46.2 - Special permits to golf and country clubs; license fee
Section 33:1-46.3 - Powers granted director cumulative
Section 33:1-47 - Municipal referendum on Sunday sales
Section 33:1-47.1 - Municipal referendum on hours of retail sales
Section 33:1-48 - Municipal boards certified to commissioner
Section 33:1-49 - Purchase of illicit beverage; misdemeanor
Section 33:1-50 - Manufacture, sale, possession, etc., in violation of chapter; misdemeanor
Section 33:1-51 - Other violations of chapter; misdemeanor
Section 33:1-52 - Aiding in violations; misdemeanor
Section 33:1-53 - Conviction of second offense
Section 33:1-54 - Violation upon leased premises; termination of lease; notice; summary proceedings
Section 33:1-55 - Maintenance of place where unlawful property is kept, manufactured or sold
Section 33:1-56 - Issuing search warrant; private dwellings
Section 33:1-57 - Prerequisites to issuance of search warrant; contents; service
Section 33:1-58 - Breaking and entry in execution of warrant
Section 33:1-59 - Service of warrant in nighttime
Section 33:1-60 - Execution and return of warrant; time limit
Section 33:1-61 - Receipt for and inventory of property seized
Section 33:1-62 - Return of illegally seized property
Section 33:1-63 - Resisting officer serving or executing search warrant; misdemeanor
Section 33:1-64 - Procuring search warrant without probable cause; misdemeanor
Section 33:1-65 - Search without warrant; misdemeanor
Section 33:1-67 - Solicitor's permit required; exceptions; issuance; fee; violations; penalty
Section 33:1-68 - Detention of evidence
Section 33:1-69 - Place of sale; determination
Section 33:1-71 - Officers to use diligence; arrests
Section 33:1-72 - Sale of warehouse receipts; license required; fee.
Section 33:1-73 - Intention and construction of law
Section 33:1-74 - Temporary permits; fees.
Section 33:1-76 - Sales within 200 feet of church or school prohibited; waiver; exceptions
Section 33:1-76.1 - Renewal or reissuance of club or Class B wholesale license granted on waiver
Section 33:1-77 - Defenses of sellers
Section 33:1-78 - Bottling without license; misdemeanor
Section 33:1-79 - Licensees to purchase and sell alcoholic beverages of certain manufacturers only
Section 33:1-80 - Issue of stamps, labels, etc.; fees
Section 33:1-81 - Misrepresenting age to induce sale or delivery to minor; disorderly person.
Section 33:1-81.1 - Hearing; attendance by parent or guardian; subpoena
Section 33:1-81.1a - Violations by parent, guardian; notification; fine.
Section 33:1-81.2 - Identification card; contents
Section 33:1-81.7 - Transfer of card; offense; penalty.
Section 33:1-81.8 - Alcoholic beverage licensee not relieved from liabilities by presentation
Section 33:1-85 - Retail licensees to sell or possess alcohol only pursuant to special permit
Section 33:1-86 - Punishment for violating section 33:1-85
Section 33:1-87 - Exemptions from provisions of act
Section 33:1-89 - Discrimination in price to retailers prohibited
Section 33:1-90 - Discounts, rebates or other allowances to retailers
Section 33:1-91 - Participation in unlawful transactions prohibited
Section 33:1-93 - Regulation of sales to retailers
Section 33:1-93.6 - Discrimination in sales to wholesalers
Section 33:1-93.7 - Refusal to sell; hearing; fee
Section 33:1-93.8 - Order to complete sale to wholesaler
Section 33:1-93.9 - Noncompliance with director's order
Section 33:1-93.10 - Rules and regulations
Section 33:1-93.12 - Short title.
Section 33:1-93.13 - Findings, declarations relative to malt alcoholic beverages.
Section 33:1-93.14 - Definitions relative to malt alcoholic beverages.
Section 33:1-93.15 - Contract, agreement between brewer and wholesaler.
Section 33:1-93.16 - Termination of contract, agreement by brewer, conditions.
Section 33:1-93.17 - Representation of brewer by wholesaler, standards.
Section 33:1-93.18 - Actions against brewer, remedies.
Section 33:1-93.19 - Nonseverability of act, application or not of Franchise Practices Act.
Section 33:1-94 - Retail regulations by municipalities to be governed by ordinance only
Section 33:1-96 - Licenses for new license terms deemed renewals
Section 33:1-97 - Special auction permit to nonprofit organization; fee, duration
Section 33:1-98 - Definitions relative to sales at seasonal farmers markets.
Section 33:1-99 - Definitions relative to alcoholic beverage licenses and certain retail stores.
Section 33:1-100 - Inapplicability of C.33:1-12.31.
Section 33:1-101 - Physical separation for area containing alcoholic beverages in retail food store.
Section 33:1-102 - "Brewery trail", identification, definition.
Section 33:2-2 - Stills not registered declared unlawful property
Section 33:2-3 - Seizure of unregistered stills; search warrant; arrest of offenders
Section 33:2-4 - Hearing by commissioner; notice
Section 33:2-5 - Forfeiture and sale of seized property; padlocking premises
Section 33:2-6 - Director's determination in form of order; review
Section 33:2-7 - Return of seized property; costs
Section 33:2-8 - Accounting for moneys
Section 33:2-9 - Violating padlocking order; misdemeanor
Section 33:2-10 - Failure to register still; misdemeanor
Section 33:2-11 - Unregistered stills in actual operation declared nuisance; destruction
Section 33:3-9 - Manufacture, sale, etc., of poisoned liquors; penalty
Section 33:4-1 - Commission created; purpose and powers
Section 33:5-1 - Findings, declarations.
Section 33:5-5 - Annual certification, taxable volume of beer, cider, mead, liquors sold.