33:1-100 Inapplicability of C.33:1-12.31.

332 words·~2 min read·/nj/title-33/chapter-1/33-1-100

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

2. a. The provisions of section 1 of P.L.1962, c.152 (C.33:1-12.31) shall not apply to the holder of any plenary retail distribution license or licenses who uses the holder's license or licenses, subject to rules and regulations, in connection with the operation of a retail food store and who acquires any additional alcoholic beverage retail license or licenses in connection with the acquisition of any retail food store as an asset in bankruptcy.

The license holder shall be entitled to sell, display, and offer for sale alcoholic beverages on separate contiguous licensed premises with a separate point of sale situated adjacent to the retail food store or in a separated area within the retail food store consistent with the requirements of section 3 of this act, P.L.2021, c.48 (C.33:1-101), subject to rules and regulations, in connection with the operation of a retail food store selling alcoholic beverages, and shall otherwise be prohibited from selling alcoholic beverages within the public retail floor area where merchandise including, but not limited to, groceries and other foodstuffs or any other mercantile products are sold at retail.

b. The provisions of section 1 of P.L.1962, c.152 (C.33:1-12.31) shall not apply to the holder of any plenary retail distribution license or licenses who used the holder's license or licenses in connection with the operation of one or more retail food stores prior to the effective date of this act, P.L.2021, c.48 (C.33:1-99 et seq.) and who acquires or acquired any additional plenary retail distribution license in connection with the acquisition of any retail food store as an asset in bankruptcy.

A license holder authorized to acquire an additional license or licenses in accordance with this subsection shall be exempt from the restrictions established in section 3 of this act, P.L.2021, c.48 (C.33:1-101). The exemption established pursuant to this subsection shall not be transferred to any other location unless the operation of such retail food store, along with the plenary retail distribution license, is so transferred.

L.2021, c.48, s.2.