A 5051

P.L.
2026, CHAPTER 13, approved May 29, 2026
Assembly, No. 5051 (First
Reprint)
An Act concerning hemp and medical cannabis regulation,
and amending various parts of statutory law.
���� Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
���� 1. Section 8 of P.L.2025, c.215 (C.2C:35-10f) is
amended to read as follows:
���� 8. a. On or after April 13, 2026, or unless otherwise
authorized by law, it shall be unlawful to sell, offer for sale, or distribute
any of the following:
���� (1) any viable seeds from a Cannabis sativa L. plant
that exceeds a total tetrahydrocannabinol concentration, including
tetrahydrocannabinolic acid, of 0.3 percent in the plant on a dry weight basis;
���� (2) any intermediate hemp-derived product containing:
���� (a) cannabinoids that are not capable of being
naturally produced by a Cannabis sativa L. plant;
���� (b)�� cannabinoids that are capable of being naturally
produced by a Cannabis sativa L. plant, but were synthesized or manufactured;
or
���� (c)�� more than 0.3 percent combined total of total
tetrahydrocannabinol, including tetrahydrocannabinolic acid, with any other
cannabinoids that have similar effects or are marketed to have similar effects
on humans or animals as tetrahydrocannabinol, as determined by the United
States Secretary of Health and Human Services;
���� (3) any intermediate hemp-derived cannabinoid product
that is marketed or sold as a final product or directly to an end consumer for
personal or household use;
���� (4) any final hemp-derived cannabinoid products
containing:
���� (a)�� cannabinoids that are not capable of being
naturally produced by a Cannabis sativa L. plant;
���� (b)�� cannabinoids that are capable of being naturally
produced by a Cannabis sativa L. plant, but were synthesized or manufactured
outside the plant;
���� (c) cannabinoids that are capable of being naturally
produced by a Cannabis sativa L. plant, but were synthesized or manufactured
outside the plant by any other prohibited synthesis methodology, as identified
by the Cannabis Regulatory Commission;
���� (d)�� greater than 0.4 milligrams combined total per
container of total tetrahydrocannabinol, including tetrahydrocannabinolic acid,
with any other cannabinoids that have similar effects or are marketed to have
similar effects on humans or animals as tetrahydrocannabinol, as determined by
the United States Secretary of Health and Human Services; or
���� (5)�� any cannabinoid product marketed, labeled, or
represented as hemp that exceeds the federally defined THC level for hemp.
���� Notwithstanding the above, until [May 31,] November
13, 2026, a hemp producer or its agent as authorized by the Department of
Agriculture to cultivate, handle, or process hemp or hemp-derived cannabinoid
products, pursuant to the �New Jersey Hemp Farming Act,� P.L.2019, c.238
(C.4:28-6 et al.), which are subject to the department�s statutory or
regulatory authority, established under that act, may possess or transport an
intermediate hemp-derived cannabinoid product with a THC concentration
exceeding 0.3 percent, provided that: (1) such material is undergoing processing
and at this stage of processing is not intended� to be used or consumed by a
human or animal; (2) the material is handled and transported in accordance with
any applicable regulations promulgated by the Cannabis Regulatory Commission
that establish standards for safety and security; and (3) any final
hemp-derived cannabinoid product processed therefrom and distributed or sold
does not exceed the allowable THC levels for hemp established by P.L.2025,
c.215.
���� b.��� It shall be unlawful to sell, offer for sale, or
distribute any intoxicating hemp beverage or any hemp-derived cannabinoid
product through online retail sale.
���� c.���� It shall be unlawful to dispense, distribute,
sell, or offer for sale any intoxicating hemp beverage from a vending machine.�
In addition to the penalties established pursuant to this section and
N.J.S.2C:35-5, a person who violates this subsection shall be liable to a civil
penalty of not less than $100 for each container of any such beverage.� The
penalty prescribed by this section shall be collected and enforced by summary
proceedings under the �Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10
et seq.).
���� d. (1) The sale, offer for sale, or distribution of any
substance or product in violation of this section shall be subject to the same
criminal penalties established for marijuana pursuant to N.J.S.2C:35-5.
���� (2) In addition to the penalties established pursuant
to N.J.S.2C:35-5, a person who sells, offers for sale, or distributes any
substance or product in violation of subsection a. of this section shall be
liable to a civil penalty of not less than $100 for the first violation, not
less than $1,000 for the second violation, and not less than $10,000 for the
third and each subsequent violation.� Each day during which a violation
continues shall constitute a separate and distinct offense.� The penalty
prescribed by this section shall be collected and enforced by summary
proceedings under the �Penalty Enforcement Law of 1999,� P.L.1999, c.274
(C.2A:58-10 et seq.).� Nothing in this section shall be construed to prohibit
the imposition of multiple fines for a single violation as a penalty for the
sale or distribution of more than one substance or product in violation of this
section.
���� (3) The sale, offer for sale, or distribution of any
substance or product in violation of this section shall be subject to the
enforcement provisions and remedies set forth in section 9 of P.L.2025, c.215
(C.2C:35-10i).
���� The imposition of any fine or other remedy under
P.L.2025, c.215 (C.2C:35-10f et al.) shall not preclude prosecution for a
violation of the criminal laws of this State.
(cf: P.L.2026, c.7, s.1)
���� 2. Section 12 of P.L.2025, c.215 (C.2C:35-10g) is
amended to read as follows:
���� 12. a. (1) Except as provided in section 11 of
P.L.2025, c.215 (C.24:6I-48.5), on or after April 13, 2026, any person or
entity that sells, offers for sale, or distributes an intoxicating hemp
beverage shall be subject to the penalties established pursuant to section 8 of
P.L.2025, c.215 (C.2C:35-10f).
���� (2) On or after November 13, 2026, the sale, offer for
sale, or distribution of an intoxicating hemp beverage by any person or entity
shall be subject to the penalties established in section 8 of P.L.2025, c.215
(C.2C:35-10f).
���� b.��� (1) On or after May 31, 2026, an intoxicating
hemp beverage sold, offered for sale, or distributed in accordance with section
11 of P.L.2025, c.215 (C.24:6I-48.5) [may
not contain more than 5 milligrams of total tetrahydrocannabinol per serving or
not more than 10 milligrams of total tetrahydrocannabinol per container] shall only
be in the following container forms:
���� (a) a can containing 1[not more
than five milligrams of total tetrahydrocannabinol per serving or]1 not
more than 10 milligrams of total tetrahydrocannabinol per can; or
���� (b) a resealable bottle of 750 milliliters in volume
containing 40 servings of five milligrams of total tetrahydrocannabinol per
serving or not more than 200 milligrams of total tetrahydrocannabinol per
bottle.
���� (2) A certificate of analysis prepared by a laboratory
that meets the requirements of paragraph (3) of this subsection shall accompany
the sale or distribution of any intoxicating hemp beverage sold or distributed
on or after May 31, 2026 and shall certify [that
the product contains no more than 5 milligrams of total tetrahydrocannabinol
per serving or no more than 10 milligrams of total tetrahydrocannabinol per
container]
the amounts of total tetrahydrocannabinol per serving and total
tetrahydrocannabinol per container.� For the purposes of this paragraph, a
cannabinoid concentration that is within 90 to 110 percent of the specified
milligrams per serving and per container claimed for that product shall be
deemed to be compliant.
���� (3) The certificate of analysis required pursuant to
paragraph (2) of this subsection shall be prepared by an independent testing
laboratory that complies with the testing established by the commission,
provided that such laboratory shall be registered with the Drug Enforcement
Administration in the United States Department of Justice and ISO 17025
accredited for all analytes required by the commission.
���� c.���� The sale of an intoxicating hemp beverage
without a certificate of analysis or [in
excess of the milligram limitations established in paragraph (2) of] not in
conformity with paragraph (1) of subsection b. of this section shall be
liable for a civil penalty of not less than $100 for each container.� The
penalty prescribed by this section shall be collected and enforced by summary
proceedings under the �Penalty Enforcement Law of 1999,� P.L.1999, c.274
(C.2A:58-10 et seq.).
(cf: P.L.2026, c.7, s.2)
���� 3. Section 31 of P.L.2021, c.16 (C.24:6I-45) is amended
to read as follows:
���� 31.� Municipal Regulations or Ordinances.�
���� a.���� A municipality may enact ordinances or
regulations, not in conflict with the provisions of P.L.2021, c.16 (C.24:6I-31
et al.):
���� (1)�� governing the number of cannabis establishments,
distributors, or delivery services, as well as the location, manner, and times
of operation of establishments and distributors, but the time of operation of
delivery services shall be subject only to regulation by the commission; and
���� (2)�� establishing civil penalties for violation of an
ordinance or regulation governing the number of cannabis establishments,
distributors, or delivery services that may operate in such municipality, or
their location, manner, or the times of operations.
���� b.��� A municipality may prohibit the operation of any
one or more classes of cannabis establishment, or cannabis distributors or
cannabis delivery services, but not the delivery of cannabis items and related
supplies by a delivery service, within the jurisdiction of the municipality
through the enactment of an ordinance, and this prohibiting ordinance shall
apply throughout the municipality, even if that municipality or parts thereof
fall within any district, area, or other geographical jurisdiction for which land
use planning, site planning, zoning requirements or other development authority
is exercised by an independent State authority, commission, instrumentality, or
agency pursuant to the enabling legislation that governs its duties, functions,
and powers, even if this development authority is expressly stated or
interpreted to be exclusive thereunder; the local prohibiting ordinance
applies, notwithstanding the provisions of any independent State authority law
to the contrary.� Only an ordinance to prohibit one or more classes of cannabis
establishment, or cannabis distributors or cannabis delivery services enacted
pursuant to the specific authority to do so by this section shall be valid and
enforceable; any ordinance enacted by a municipality prior to the effective
date of this section addressing the issue of prohibiting one or more types of
cannabis-related activities within the jurisdiction of the municipality is null
and void, and that entity may only prohibit the operation of one or more
classes of cannabis establishment, or cannabis distributors or cannabis
delivery services by enactment of a new ordinance based upon the specific
authority to do so by this section.� The failure of a municipality to enact an
ordinance prohibiting the operation of one or more classes of cannabis
establishment, or cannabis distributors or cannabis delivery services within
180 days after the effective date of P.L.2021, c.16 (C.24:6I-31 et al.), shall
result in any class of cannabis establishment, or a cannabis distributor or
cannabis delivery service that is not prohibited from operating within the
municipality as being permitted to operate therein as follows: the growing,
cultivating, manufacturing, and selling and reselling of� cannabis and cannabis
items, and operations to transport in bulk cannabis items by a cannabis
cultivator, cannabis manufacturer, cannabis wholesaler, or as a cannabis
distributor or cannabis delivery service shall be permitted uses in all
industrial zones of the municipality; and the selling of cannabis items to
consumers from a retail store by a cannabis retailer shall be a conditional use
in all commercial zones or retail zones, subject to meeting the conditions set
forth in any applicable zoning ordinance or receiving a variance from one or
more of those conditions in accordance with the �Municipal Land Use Law,�
P.L.1975, c.291 (C.40:55D-1 et seq.).� At the end of a five-year period
following the initial failure of a municipality to enact an ordinance prohibiting
the operation of one or more classes of cannabis establishment, or cannabis
distributors or cannabis delivery services, and every five-year period
thereafter following a failure to enact a prohibiting ordinance, the
municipality shall again be permitted to prohibit the future operation of any
one or more classes of cannabis establishment, or cannabis distributors or
cannabis delivery services through the enactment of an ordinance during a new
180-day period, but this ordinance shall be prospective only and not apply to
any cannabis establishment, distributor or delivery service operating in the
municipality prior to the enactment of the ordinance.
���� c. (1) When the commission receives an application for
initial licensing or renewal of an existing license for any cannabis
establishment, distributor, or delivery service pursuant to section 19 of
P.L.2021, c.16 (C.24:6I-36), or endorsement for a cannabis consumption area
pursuant to section 28 of P.L.2019, c.153 (C.24:6I-21), the commission shall
provide, within 14 days, a copy of the application to the municipality in which
the establishment, distributor, delivery service, or consumption area is to be
located, unless the municipality has prohibited the operation of the particular
class of business for which licensure is sought pursuant to subsection b. of
this section, or in the case of an application seeking a consumption area
endorsement, prohibited the operation of cannabis retailers.� The municipality
shall determine whether the application complies with its local restrictions on
the number of cannabis establishments, distributors, or delivery services, or
their location, manner, or times of operation, and the municipality shall
inform the commission whether the application complies with its local
restrictions.
���� (2)�� A municipality may impose a separate local
licensing or endorsement requirement as a part of its restrictions on the
number of cannabis establishments, distributors, or delivery services, or their
location, manner, or times of operation.� A municipality may decline to impose
any local licensing or endorsement requirements, but a local jurisdiction shall
notify the commission that it either approves or denies each application
forwarded to it.
���� d. (1) Notwithstanding any provision of law to the
contrary, in the case of a medical cannabis dispensary issued a permit pursuant
to the �Jake Honig Compassionate Use Medical Cannabis Act,� P.L.2009, c.307
(C.24:6I-1 et al), which is applying for approval or renewal of a Class 5
Cannabis Retailer license pursuant to P.L.2021, c.16 (C.24:6I-31 et al.), and
which is proposed to be co-located on the premises of an existing medical
cannabis dispensary in a municipality that permits the sale of medical cannabis,
irrespective of whether the municipality permits the retail sale of adult-use
cannabis items, the Commission shall not require municipal review, consent, or
approval as a condition of issuing a Class 5 Cannabis Retailer license for such
location.� Any prior municipal approval authorizing the medical cannabis
dispensary to lawfully operate on the premises shall be deemed to authorize the
operation of a Class 5 Cannabis Retailer license at such location.
���� (2) Notwithstanding any municipal restrictions on
the number of cannabis dispensaries or locations, a municipality shall not
prohibit the retail sale of cannabis items by any medical cannabis dispensary
issued a permit pursuant to the �Jake Honig Compassionate Use Medical Cannabis
Act,� P.L.2009, c.307 (C.24:6I-1 et al) that has been open and lawfully operating
in such municipality before July 1, 2023 without any violation, or notice
thereof, for a period of not less than three years prior to the enactment of
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill).
(cf: P.L.2021, c.16, s.31)
���� 4. Section 11 of P.L.2025, c.215 (C.24:6I-48.5) is
amended to read as follows:
���� 11. a. (1) Notwithstanding the provisions of section 8
of P.L.2025, c.215 (C.2C:35-10f), the holder of any valid and unrevoked plenary
wholesale license or plenary retail distribution license, as such terms are
defined in R.S.33:1-11 and R.S.33:1-12, or the holder of a valid and
unrevoked plenary retail consumption license that meets the requirements of
R.S.33:1-12 and section 1 of P.L.1948, c.98 (C.33:1-12.23), may sell
intoxicating hemp beverages until November 13, 2026, after which date, the
holder shall be subject to the penalties and prohibitions established in
section 8 of P.L.2025, c.215 (C.2C:35-10f).
���� (2) Notwithstanding the provisions of section 8 of
P.L.2025, c.215 (C.2C:35-10f), a person or entity that is licensed by the
Cannabis Regulatory Commission in accordance with P.L.2021, c.16 (C.24:6I-31 et
al.) may sell intoxicating hemp beverages until November 13, 2026, after which
date, the person or entity shall be subject to the penalties and prohibitions
established in section 8 of P.L.2025, c.215 (C.2C:35-10f).
���� b. (1) (a) [Any
intoxicating hemp beverage distributed, sold, or offered for sale in this State
pursuant to paragraph (1) of subsection a. of this section shall be stored or
displayed in a place that is not accessible to customers without the assistance
of an employee of the establishment.]
Deleted by amendment, P.L.���� , c.����� (pending before the Legislature as
this bill)
���� (b) [Notwithstanding
subparagraph (a) of this paragraph, intoxicating] Intoxicating hemp
beverages sold, distributed, or offered for sale pursuant to [subparagraph] paragraph
(1) of subsection a. of this section may be stored or displayed in a place
accessible to customers and may be accessed without the assistance of an
employee of the establishment only if:
���� (i) the establishment segregates the storage or
display of intoxicating hemp beverages from other intoxicating liquors, and
posts conspicuous notice at the place of storage or display indicating to
customers that the products are intoxicating hemp beverage beverages and may
only be purchased by a person 21 years of age or older;
���� (ii) the establishment actively monitors the place of
storage or display;
���� (iii) an employee of the establishment confirms at the
point of sale that the customer is 21 years of age or older and understands
that they are purchasing an intoxicating hemp beverage and is informed of
the appropriate serving size of the intoxicating hemp beverage being purchased;
and
���� (iv) the establishment complies with any other
requirements as may be established by rule by the Division of Alcoholic
Beverage Control, in consultation with the Cannabis Regulatory Commission.
���� (2) Intoxicating hemp beverages sold, distributed,
or offered for sale pursuant to subsection a. of this section shall conform to
the requirements of subsection b. of section 12 of P.L.2025, c.215
(C.2C:35-10g).
���� c. (1) The provisions of Title 33 of the Revised
Statutes and the rules and regulations promulgated thereunder shall apply to
the sale or distribution of intoxicating hemp beverages by any person or entity
licensed pursuant to the provisions of Title 33 of the Revised Statutes;
���� (2) Nothing contained in P.L.2025, c.215 (C.2C:35-10f
et al.) shall be construed to preclude the Division of Alcoholic Beverage
Control from exercising the authority to enforce the rules and regulations
governing activities taken by licensees on licensed premises or from taking
disciplinary action against a licensee under Title 33 of the Revised Statutes
based upon a determination by the division that the licensee committed a
violation of P.L.2025, c.215 (C.2C:35-10f et al.).
(cf: P.L.2025, c.215, s.11)
���� 5. R.S.33:1-12 is amended to read as follows:
���� 33:1-12. Class C licenses shall be subdivided and
classified as follows:
���� Plenary retail consumption license. 1. The holder of
this license shall 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, except as hereinafter provided.� Subject to section 1 of
P.L.1948, c.98 (C.33:1-12.23), the holder of this license shall be entitled to
sell intoxicating hemp beverages until the expiration date set forth in section
11 of P.L.2025, c.215 (C.24:6I-48.5), for consumption off the licensed
premises, but only in original containers.� The holder of this license
shall be 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, provided, however, that the holder of this license complies with the
terms and conditions set forth in section 3 of P.L.2009, c.216 (C.33:1-12d).�
Subject to such rules and regulations established from time to time by the
director, the holder of this license shall be permitted to sell alcoholic
beverages in or upon the premises in which any of the following is carried on:
the keeping of a hotel or restaurant including the sale of mercantile items
incidental thereto as an accommodation to patrons; the sale, at an
entertainment facility as defined in R.S.33:1-1, having a seating capacity for
no less than 4,000 patrons, of mercantile items traditionally associated with
the type of event or program held at the site; the sale of distillers�,
brewers�, and vintners� packaged merchandise prepacked as a unit with other
suitable objects as gift items to be sold only as a unit; the sale of 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; or, 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.� The fee for this license
shall be fixed by the governing board or body of the municipality in which the
licensed premises are situated, by ordinance, at not less than $250 and not
more than $2,500.� No ordinance shall be enacted which shall raise or lower the
fee to be charged for this license by more than 20 percent from that charged in
the preceding license year or $500.00, whichever is the lesser.� The governing
board or body of each municipality may, by ordinance, enact that no plenary
retail consumption license shall be granted within its respective municipality.
���� The holder of this license shall be permitted to obtain
a restricted brewery license issued pursuant to subsection 1c. of R.S.33:1-10
and to operate a restricted brewery immediately adjoining the licensed premises
in accordance with the restrictions set forth in that subsection.� All fees
related to the issuance of both licenses shall be paid in accordance with
statutory law.
���� Seasonal retail consumption license. 2. (1) The holder
of this license shall 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, during the summer season
from May 1 until November 14, inclusive, or during the winter season from
November 15 until April 30, inclusive.
���� (2)�� In addition, the director shall issue to the
holder of this license, upon request by the licensee, one-day permits that
shall entitle the license holder to sell alcoholic beverages for consumption on
the licensed premises during the season when the license holder is not
authorized to sell alcoholic beverages pursuant to subparagraph (1) of this
subsection.� The number of one-day permits issued to a licensee pursuant to
this subsection shall not exceed an aggregate of 14 permits in one calendar
year.� A one-day permit issued pursuant to this subsection shall be valid for
24 consecutive hours.� The fee for each one-day permit shall be $500.
���� The governing body of the municipality in which the
licensed premises is situated may place reasonable conditions upon a one-day
permit for the purpose of maintaining public safety on the licensed premises
and immediately surrounding area.� The costs associated with the reasonable
conditions placed on the one-day permit shall be assumed by the holder of this
license.
���� (3)�� 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, except as
hereinafter provided.� Subject to such rules and regulations established from
time to time by the director, the holder of this license shall be permitted to
sell alcoholic beverages in or upon the premises in which any of the following
is carried on: the keeping of a hotel or restaurant including the sale of mercantile
items incidental thereto as an accommodation to patrons; the sale of
distillers�, brewers�, and vintners� packaged merchandise prepacked as a unit
with other suitable objects as gift items to be sold only as a unit; the sale
of 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.� The fee for this license shall be
fixed by the governing board or body of the municipality in which the licensed
premises are situated, by ordinance, at 75 percent of the fee fixed by said
board or body for plenary retail consumption licenses.� The governing board or
body of each municipality may, by ordinance, enact that no seasonal retail
consumption license shall be granted within its respective municipality.
����� (4) A person who held
this license prior to the effective date of P.L.2025, c.295 and wishes to
exchange the license for a plenary retail consumption license may surrender the
license to the issuing authority prior to the last day of the 24th
month following the effective date of P.L.2025, c.295 and the issuing authority
shall convert the license to a plenary retail consumption license. �Thereafter,
the licensee may sell any alcoholic beverages during 12 months of each year in
accordance with the provisions of this section.� The governing board or body of
the municipality in which the licensed premises is situated shall affirmatively
approve the holder of this license converting it to a plenary retail
consumption license in accordance with this subsection, and exercising the same
privileges as the holder of a plenary retail consumption license.� A person who
converts this license shall be entitled to sell alcoholic beverages on the same
days and during the same hours as other plenary retail consumption license
holders within the same municipality.�
����� The fee to convert
this license shall be equal to 43 percent of the average sales price of plenary
retail consumption licenses in the municipality in which the licensed premises
is located during the two years immediately preceding the effective date of P.L.2025,
c.295.� If less than three plenary retail consumption licenses have been sold
in the municipality or municipalities during the two years immediately
preceding the effective date of P.L.2025, c.295, the fee shall be equal to 43
percent of the average sales price of the last three plenary retail consumption
licenses sold prior to the effective date of P.L.2025, c.295, except as
otherwise provided in paragraph (b) of this subsection.� If the licensed
premises is located within the boundaries of two or more municipalities, the
highest average sale price of the two or more municipalities shall be used to
calculate the fee.� The calculation to determine the fee shall not include de
minimis or related party transfer sales and shall be subject to the following
requirements:
����� (a) if the sales
price of a plenary retail consumption license required to be used in this
section to determine the average sales price is not known or cannot be
determined because the license was sold co-mingled with other assets as part of
a bulk sale for a total sales price that did not identify the component prices
of the individual assets included in the sale, the fee shall be $350,000;
����� (b) if less than
three plenary retail consumption licenses have been sold in the municipality or
municipalities during the five years immediately preceding the effective date
of P.L.2025, c.295, the fee shall be $350,000; or
����� (c) if a municipality
has less than five plenary retail consumption licenses, the fee shall be
$350,000.
���� The fee for converting
this license shall be paid to the municipality in which the licensed premises
is located. If the licensed premises is located within the boundaries of two or
more municipalities, the fee shall be divided and paid in equal proportions to
the municipalities.� A person who exchanges this license also shall pay the
annual fee established by the issuing authority for holding a plenary retail
consumption license.
���� Plenary retail distribution license. 3. a. The holder
of this license shall be entitled, subject to rules and regulations, to sell
any alcoholic beverages, or intoxicating hemp beverages until the expiration [of] date set
forth in section 11 of P.L.2025, c.215 (C.24:6I-48.5), for consumption off
the licensed premises, but only in original containers except that licensees
shall be permitted to conduct consumer wine, beer, and spirits tasting events
and samplings on a complimentary basis pursuant to conditions established by
rules and regulations of the Division of Alcoholic Beverage Control, provided,
however, that the holder of this license complies with the terms and conditions
set forth in section 3 of P.L.2009, c.216 (C.33:1-12d).
���� The governing board or body of each municipality may,
by ordinance, enact that this license shall not be issued to permit the sale of
alcoholic beverages in or upon any premises in which any other mercantile
business is carried on, except that any such ordinance, heretofore or hereafter
adopted, shall not prohibit the retail sale of distillers�, brewers�, and
vintners� packaged merchandise prepacked as a unit with other suitable objects
as gift items to be sold only as a unit; the sale of novelty wearing apparel identified
with the name of the establishment licensed under the provisions of this act;
cigars, cigarettes, packaged crackers, chips, nuts, and similar snacks, ice,
and nonalcoholic beverages as accessory beverages to alcoholic beverages.� The
fee for this license shall be fixed by the governing board or body of the
municipality in which the licensed premises are situated, by ordinance, at not
less than $125 and not more than $2,500.� No ordinance shall be enacted which
shall raise or lower the fee to be charged for this license by more than 20
percent from that charged in the preceding license year or $500.00, whichever
is the lesser.� The governing board or body of each municipality may, by
ordinance, enact that no plenary retail distribution license shall be granted
within its respective municipality.
���� Limited retail distribution license. 3. b. The holder
of this license shall be entitled, subject to rules and regulations, to sell
any unchilled, brewed, malt alcoholic beverages in quantities of not less than
72 fluid ounces for consumption off the licensed premises, but only in original
containers, provided, however, that this license shall be issued only for
premises operated and conducted by the licensee as a bona fide grocery store,
meat market, meat and grocery store, delicatessen, or other type of bona fide
food store at which groceries or other foodstuffs are sold at retail and
provided further that this license shall not be issued except for premises at
which the sale of groceries or other foodstuffs is the primary and principal
business and at which the sale of alcoholic beverages is merely incidental and
subordinate thereto.� The fee for this license shall be fixed by the governing
body or board of the municipality in which the licensed premises are situated,
by ordinance, at not less than $31 and not more than $63.� The governing board
or body of each municipality may, by ordinance, enact that no limited retail
distribution license shall be granted within its respective municipality.
���� Plenary retail transit license. 4. The holder of this
license shall be entitled, subject to rules and regulations, to sell any
alcoholic beverages, for consumption only, on railroad trains, airplanes,
limousines, and boats, while in transit.� The fee for this license for use by a
railroad or air transport company shall be $375, for use by the owners of
limousines shall be $31 per vehicle, and for use on a boat shall be $63 on a
boat 65 feet or less in length, $125 on a boat more than 65 feet in length but
not more than 110 feet in length, and $375 on a boat more than 110 feet in
length; such boat lengths shall be determined in the manner prescribed by the
Bureau of Customs of the United States Government or any federal agency
successor thereto for boat measurement in connection with issuance of marine
documents.� A license issued under this provision to a railroad or air
transport company shall cover all railroad cars and planes operated by any such
company within the State of New Jersey.� A license for a boat or limousine
issued under this provision shall apply only to the particular boat or
limousine for which issued and shall permit the purchase of alcoholic beverages
for sale or service in a boat or limousine to be made from any Class A and B
licensee or from any Class C licensee whose license privilege permits the sale
of alcoholic beverages in original containers for off-premises consumption.� An
interest in a plenary retail transit license issued in accordance with this
section shall be excluded in determining the maximum number of retail licenses
permitted under P.L.1962, c.152 (C.33:1-12.31 et seq.).
���� Club license. 5. The holder of this license shall be
entitled, subject to rules and regulations, to sell any alcoholic beverages but
only for immediate consumption on the licensed premises and only to bona fide
club members and their guests.� The fee for this license shall be fixed by the
governing board or body of the municipality in which the licensed premises are
situated, by ordinance, at not less than $63 and not more than $188.� The
governing board or body of each municipality may, by ordinance, enact that no
club licenses shall be granted within its respective municipality.� Club
licenses may be issued only to such corporations, associations and
organizations as are operated for benevolent, charitable, fraternal, social,
religious, recreational, athletic, or similar purposes, and not for private
gain, and which comply with all conditions which may be imposed by the Director
of the Division of Alcoholic Beverage Control by rules and regulations.
���� The provisions of section 23 of P.L.2003, c.117
amendatory of this section shall apply to licenses issued or transferred on or
after July 1, 2003, and to license renewals commencing on or after July 1,
2003.
���� Sporting facility license. 6. The holder of this
license shall be entitled, subject to rules and regulations, to sell at retail
or to serve any alcoholic beverages as the owner, operator, lessee, or
concessionaire of a sporting facility by the glass or other receptacle or in
original containers only on the premises of the sporting facility.
���� Notwithstanding any other provision of Title 33 of the
Revised Statutes and subject to conditions established by the director, the
holder of this license may share direction and control of the premises to be
licensed and share proceeds and profits from the sale of alcoholic beverages
with the owner, operator, concessionaire, or lessee of the facility.� The
holder of this license shall be permitted to conduct consumer wine, beer, and
spirits tasting events and samplings for a fee or on a complimentary basis provided,
however, the license holder complies with the provisions of section 3 of
P.L.2009, c.216 (C.33:1-12d) and rules and regulations promulgated thereto.�
Notwithstanding any law, rule or regulation to the contrary, the holder of this
license shall be entitled to establish up to five all-inclusive areas within
the licensed sporting facility, provided the total capacity of the
all-inclusive area or areas within the sporting facility for each game or event
does not exceed more than 500 persons or five percent of the total capacity of
the sporting facility, whichever is greater.
���� The fee for this license shall be $2,500 for venues
with a capacity of less than 7,500 persons; $5,000 for venues with a capacity
of not less than 7,500 persons but not more than 14,999 persons; $7,500 for
venues with a capacity of not less than 15,000 persons but not more than 22,499
persons; and $10,000 for venues with a capacity of 22,500 persons or more.
���� The director may, in accordance with regulations or a
special ruling, issue special all-inclusive area event permits to the holder of
this license authorizing the establishment of an all-inclusive area or areas in
excess of these limitations for a national or international sporting event at a
sporting facility with a seating capacity of 50,000 or more persons, provided
the issuance of the special all-inclusive area event permits is consistent with
the provisions of Title 33 of the Revised Statutes and any regulations
promulgated thereunder.� The director may impose special conditions on the
special all-inclusive area event permits deemed necessary and proper to protect
the health, safety, and welfare of the public.� A special all-inclusive area
event permit issued pursuant to this subsection shall be valid for the
specified duration of the event and the fee shall be $2,000 per day for each
all-inclusive area established, but the total fee shall not exceed $6,000 per
day.� Prior to the issuance of a special all-inclusive area event permit, the
director may require the holder of this license to provide a bond or equivalent
to the Division of Alcoholic Beverage Control in an amount to be determined by
the director based on the size, scope, and conditions of the national or
international sporting event and the compliance history of the sporting
facility license holder.
���� For the purposes of this subsection:
���� �National or international sporting event� means a
tournament-level professional event governed by a national or international
sports federation or governing body, including, but not limited to, sporting
events governed by the National Football League, International Olympic
Committee, and the International Federation of Association Football.
���� �Sporting facility� means a stadium, arena, team
training facility, or similar venue located on public property where alcoholic
beverages are served or sold at retail for consumption on the premises by the
glass or other open receptacle or in original containers.
���� �Team training facility� shall include team offices and
team headquarters.
(cf: P.L.2025, c.295, s.1)
���� 6. Section 1 of P.L.1948, c.98 (C.33:1-12.23) is
amended to read as follows:
���� The holder of a plenary retail consumption license or a
seasonal retail consumption license, after the effective date of this act, may
sell and display for sale alcoholic beverages in original containers for
consumption off the licensed premises only in the public barroom of the
licensed premises, such barroom being a room containing a public bar, counter
or similar piece of equipment designed for and used to facilitate the sale and
dispensing of alcoholic beverages by the glass or other open receptacle for
consumption on the licensed premises; provided, however, that where, prior to
the effective� date of this act, alcoholic beverages in original containers for
off-premises consumption were sold and displayed for sale by the holder of such
license, either to the exclusion of sale for consumption on the licensed
premises or upon a portion of the licensed premises other than the public
barroom, such sale and display shall be permitted as heretofore and
notwithstanding renewal or transfer of the license either from person to person
or place to place, subject to rules and regulations to be promulgated by the
commissioner.� The holder of a plenary retail consumption license may, until
the expiration date set forth in section 11 of P.L.2025, c.215 (C.24:6I-48.5),
sell and display for sale intoxicating hemp beverages in original containers
for consumption off the licensed premises only in the public barroom of the
licensed premises, provided that the public barroom is not located in or upon a
premises that also operates a hotel, restaurant, entertainment facility, or
commercial bowling establishment.
(cf: P.L.1948, c.98, s.1)
���� 7. �This act shall take effect immediately.
���� Revises certain restrictions concerning hemp,
intoxicating hemp beverages, and medical cannabis.