N.J. Stat. § 33:1-24.3d: Acquisition of additional inactive plenary retail consumption license.

6. a. A receiving municipality in which the number of plenary retail consumption licenses has reached the population limitation established in section 2 of P.L.1947, c.94 (C.33:1-12.14) may issue a request for proposal to acquire from a license holder an additional inactive plenary retail consumption license that was initially issued by any other sending municipality in this State. The inactive license acquired pursuant to this section shall be used in connection with a premises as part of an economic redevelopment plan or a redevelopment, improvement, or revitalization area as defined in section 3 of P.L.2023, c.290 (C.33:1-24.3a).

b. The request for proposal issued pursuant to subsection a. of this section shall specify a time and date after which no further applications from license holders will be accepted. The request shall be published in a newspaper circulating generally throughout the State by not less than two insertions, one week apart, the second of which shall be made not less than 30 days prior to the time and date specified in the notice as the time and date after which no further applications will be accepted. In addition, the request for proposal shall be published by the governing body on the official Internet website of the receiving municipality. The request for proposal shall require that all bids shall be sealed and remain confidential to other bidders. Notwithstanding the provisions of section 1 of P.L.1981, c.416 (C.33:1-19.3), the license shall be awarded to the lowest qualified bidder.

c. The holder of an inactive plenary retail consumption license shall apply to the governing body of the sending municipality for permission to transfer the inactive plenary retail consumption license from the sending municipality prior to submitting a bid in response to the request for proposal. The governing body of the sending municipality may approve the application only by a resolution adopted by a majority vote. The sending municipality shall not require the applicant to disclose the location of the proposed licensed premises.

After the receiving municipality accepts a successful bid, the sending municipality 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 sending 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 host municipality.

d. A receiving municipality that acquires a license pursuant to subsection c. 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.). 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 pursuant to P.L.1975, c.275 (C.33:1-19.1 et seq.) 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 in each calendar year.

g. 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.

h. A license issued pursuant to this section shall not be included in the total combined 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.6.