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

5. a. The holder or contract purchaser of an inactive plenary retail consumption license issued by any municipality may apply to the governing bodies of the sending municipality and a receiving municipality located within the same county or a contiguous municipality not in the same county to use the license in connection with a premises located in the receiving municipality. An inactive plenary retail consumption license used in a receiving municipality only shall be used as part of an economic redevelopment plan or in connection with a premises located within a redevelopment, improvement, or revitalization area as defined in section 3 of P.L.2023, c.290 (C.33:1-24.3a). A license used in the receiving municipality pursuant to this section shall permanently remain in the redevelopment, improvement, or revitalization area of the receiving municipality and shall not be transferred to any other location within the receiving municipality nor any other municipality. 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.

b. The sending and receiving municipalities shall submit to the director notice of the intent to transfer a license at least 90 days prior to the transfer. The sending and receiving municipalities shall adopt by majority vote identical resolutions authorizing the transfer of the license. The identical resolutions shall establish the license transfer fee, which shall be paid by the license holder and deposited in the general fund of the host municipality. Prior to adopting the resolution pursuant to this section, the governing body of both municipalities shall give special consideration as to whether sufficient attempts were made by the license holder to use or transfer the license for use in connection with a premises located in the sending municipality.

A license transferred to a receiving municipality pursuant to this section 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.

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

d. 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.

e. 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.5.