N.J. Stat. § 33:1-24.3b: Transfer of new plenary retail consumption license.

4. a. A governing board or body of a sending municipality that is authorized to issue a new plenary retail consumption license shall be entitled to offer the license at public sale pursuant to P.L.1981, c.416 (C.33:1-19.3 et seq.) or offer the license at public sale to the highest bidding governing body of any other municipality in this State.

A license transferred to a receiving municipality pursuant to this section only shall be used in connection with a premises as part of an economic redevelopment plan or located within a redevelopment, improvement, or revitalization area as defined in section 3 of P.L.2023, c.290 (C.33:1-24.3a). The sending municipality shall not be entitled to issue a new license pursuant to P.L.1975, c.275 (C.33:1-19.1 et seq.) to replace the license transferred to the receiving municipality pursuant to this section.

A receiving municipality may issue a license obtained under any provision of this act by either the historical method or through competitive bidding.

Notwithstanding anything contained in the Municipal Finance Law to the contrary, a municipality may obtain a license as set forth in this act either through capital funding, borrowing, or any other methods as may be approved by the Division of Local Government Services in the Department of Community Affairs.

b. Notice of the public sale shall be provided to the director and other municipalities at least 90 days prior to the sale. The notice to the municipalities shall specify the minimum acceptable bid and general conditions of sale, including a statement that the sending municipality reserves the right to reject all bids where the highest bid is not accepted.

The funds derived from the sale shall be remitted to the municipal treasurer for the general use of the sending municipality.

c. A receiving municipality that acquires a license pursuant to subsection a. of this section shall be entitled to offer the license at public sale pursuant to P.L.1975, c.275 (C.33:1-19.1 et seq.).

d. A license transferred to a receiving municipality and issued to a qualified bidder that is not actively used in connection with the operation of a premises within two years of the issuance date shall revert to the receiving municipality. The receiving municipality may choose to reissue the license in the public bid process outlined elsewhere in this chapter or may return the license to the sending municipality for the sending municipality to reissue, should it choose to do so. The license holder shall not be entitled to appeal the expiration of the license to the director or a court of law unless the license holder has been deprived of the use of the licensed premises as a result of failure to obtain governmental approval despite a good faith effort to do so, eminent domain, fire, or other casualty, and establishes by affidavit filed with the director that the license holder is making a good faith effort to resume active use of the license in connection with the operation of a licensed premises.

e. Notwithstanding any provision contained in the Municipal Finance Law to the contrary, a municipality may obtain a license as set forth in this section either through capital funding, borrowing, or any other method as may be approved by the Division of Local Government Services in the Department of Community Affairs.

f. A receiving municipality shall not be entitled to acquire more than one license pursuant to this section each calendar year.

g. 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 license transferred under the provisions of this section.

h. Licenses transferred pursuant to the provisions of this section shall be subject to all the provisions of Title 33 of the Revised Statutes, rules and regulations promulgated by the director, and municipal ordinances.

i. A license issued pursuant to this section shall not be included in the total number of licenses permitted based upon population necessary to issue a new plenary retail consumption or seasonal retail consumption license pursuant to section 2 of P.L.1947, c.94 (C.33:1-12.14).

L.2026, c.46, s.4.