N.J.S.A. 33:1-12 Plenary Retail Consumption License
NJ ABC Liquor Store License
Bars, restaurants and nightclubs are licensed to sell alcohol under a Plenary Retail Consumption License in New Jersey. This license authorizes the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle and also allows the sale of alcoholic beverages in original containers for consumption off the licensed premises. Such sales of package goods, however, are subject to restrictions under ABC regulation. Retail consumption licensees may not conduct any other mercantile business or commercial activity on the licensed premises except for certain exceptions (see below).
These licenses must be renewed on an annual basis and are subject to a renewal fee ranging upwards of $2,500 per year. Moreover, these licenses are subject to population caps. This means that certain towns may not issue any new licenses absent an increase in their federal census. For this reason, retail consumption licenses vary in value from town-to-town.
If you own a retail consumption license and received a Notice of Charges from the Division of Alcoholic Beverage Control or your are in the market to Buy/Sell a liquor license, contact the ABC liquor licensing attorneys at Proetta, Oliver & Fay. Our firm can be reached 24/7 at (732) 858-5857.
Pursuant to ABC law, the holder of a plenary retail consumption license is be entitled, subject to rules and regulations, “to sell any alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle, and also to sell any alcoholic beverages in original containers for consumption off the licensed premises; but this license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drug store or other mercantile business is carried on.”
Can a Retail Consumption License Conduct Tastings?
Yes. Plenary Retail Consumption Licenses (33) are permitted to conduct consumer wine, beer and spirits tasting events and samplings for a fee or on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control Tastings.
What Can be Sold In Addition Food and Alcohol?
Plenary Retail Consumption Licensees may also engage in the sale the following:
- Distillers’, brewers’ and vintners’ packaged merchandise prepacked as a unit with other suitable objects as gift items to be sold only as a unit;
- Novelty wearing apparel identified with the name of the establishment licensed under the provisions of this section;
- The sale of cigars, cigarettes, packaged crackers, chips, nuts and similar snacks and ice at retail as an accommodation to patrons, or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages;
- In commercial bowling establishments, the retail sale or rental of bowling accessories and the retail sale from vending machines of candy, ice cream and nonalcoholic beverages.
Plenary Retail License and Restricted Breweries, Brewpubs
In order to operate a Brewpub in New Jersey, you must possess a Restricted Brewery license as well as a Plenary Retail Consumption license. This will allow you to operate a restricted brewery immediately adjoining the licensed premises in accordance with the restrictions set forth in that subsection.
Seasonal Retail Consumption License
A seasonal retail consumption license has the same rights and privileges as a plenary retail consumption licenses under N.J.S.A. 33:1-12, except that they may only engage in the sale of alcohol during the summer season from May 1 until November 14, inclusive, or during the winter season from November 15 until April 30, inclusive. As of this date no winter season retail consumption licenses have been issued in New Jersey.
ABC Lawyers in New Jersey
For assistance with compliance, sale, purchase, or defense representation regarding you New Jersey Plenary Retail Consumption License, contact the ABC liquor license attorneys at (732) 858-5857.