33:1-19.7 Plenary retail consumption license, issuance to certain nonprofit corporations.
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/nj/title-33/chapter-1/33-1-19-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The governing board or body of any municipality, upon the approval of the Director of the Division of Alcoholic Beverage Control, may issue a plenary retail consumption license to a nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, including a disregarded entity of the corporation that is a single-member limited liability corporation disregarded for federal income tax purposes pursuant to 26 C.F.R. Part 301, which regularly operates as an art-house movie theater or conducts musical performances, theatrical productions, concerts, or other public entertainment events for which admission is charged.
A license issued pursuant to this section shall be used in connection with premises that have a seating capacity of at least 1,000 persons and are primarily used to host musical performances, theatrical productions, concerts, or other public entertainment events.
The license shall authorize the sale of alcoholic beverages by the nonprofit corporation or its restaurant operator who has been approved pursuant to procedures established by the Division of Alcoholic Beverage Control for consumption on the licensed premises:
a. during the two hours immediately preceding performances or public entertainment events;
b. during performances or public entertainment events, including intermission; and
c. during the two hours immediately following performances or public entertainment events.
For the purposes of this section:
"Art-house movie theater" means a theater that is principally used for the purpose of showing motion pictures and is operated by a nonprofit arts organization which demonstrates a commitment to enriching its local community by providing opportunities for participation in the arts, offering arts education opportunities, and promoting regional economic prosperity.
"Licensed premises" shall include the premises where the performance or public entertainment event is held and any adjacent premises operated by the licensee.
"Performance" shall include the showing of any motion picture, musical concert, theatrical play, dance recital, literature reading, or other artistic or cultural exhibition.
"Public entertainment event" shall include a sporting event, a simulcast, or other social, charitable, or athletic event.
A license issued under the provisions of this section shall not be counted in determining the number of licenses under P.L.1947, c.94 (C.33:1-12.13 et seq.) or under P.L.1968, c.277 (C.40:48-2.40 et seq.).
At the option of the nonprofit licensee, revenue generated by a concessionaire within or adjacent to the licensed premises may be used to support or subsidize the theater’s performances or public entertainment events held at the licensed premises.
For the purposes of this section, the division shall not differentiate for the purposes of approving a nonprofit applicant operating in a publicly owned or nonprofit arts organization-owned theater or art-house movie theater or performing arts center.
L.1985, c.151, s.1; amended 1994, c.18; 2019, c.466, s.1; 2023, c.104, s.1; 2025, c.131, s.1.