New Jersey S 742: Revises residential property mortgage foreclosure process.

Bill Text

S742 

SENATE, No. 742 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

SYNOPSIS

���� Allows certain redevelopers to be exempt from 
inactive alcoholic beverage licenses restriction.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning alcoholic beverage licensing and amending P.L.1977, c.246.� 

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 1 of P.L.1977, c.246 (C.33:1-12.39) 
is amended to read as follows:� 

���� 1.��� a. On and after the 
effective date of P.L.2023, c.290 (C.33:1-10b et al.), a Class C license as 
defined in R.S.33:1-12 shall not be renewed if the license has not been 
actively used in connection with the operation of a licensed premises within 
two consecutive license terms.� A license that remains inactive at the end of 
the two-year period shall expire, provided, however, the governing body of a 
municipality may in its discretion extend the period during which the license 
may remain inactive for an additional year.� 

���� The time limitation 
established pursuant to this section shall not apply to a license that is:

���� (1)�� held by a developer 
or redeveloper, or an affiliate thereof, or a tenant of a developer or 
redeveloper, or affiliate thereof; and 

���� (2)�� intended to be used 
at a premises that is located or is intended to be constructed in a 
redevelopment, improvement, or revitalization area, as defined by section 3 of 
P.L.2023, c.290 (C.33:1-24.3a) provided the redevelopment, improvement, or 
revitalization area encompasses at least 250,000 square feet and has secured 
site plan approvals from the municipality.� 

���� b.��� Notwithstanding 
subsection a. of this section, if the licensee has been deprived of the use of 
the licensed premises as a result of eminent domain, fire, or other casualty, 
and establishes by affidavit filed with the director that the licensee is 
making a good faith effort to resume active use of the license in connection 
with the operation of a licensed premise, the time period provided for in this 
section shall be automatically extended for an additional period of two license 
terms.

���� c.���� Following the effective 
date of P.L.2023, c.290 (C.33:1-10b et al.), prior to the expiration of an 
inactive license pursuant to subsection a. of this section, an inactive license 
shall be:

���� (1)�� actively used by the 
license holder; 

���� (2)�� transferred in a private 
transaction for fair market value to another person who intends to use the 
license. The transferee shall actively use the license in connection with a 
premises upon receipt of the license; or 

���� (3)�� transferred from a 
sending municipality to a receiving municipality in accordance with section 3 
of P.L.2023, c.290 (C.33:1-24.3a).

���� d.��� The director shall 
divide the inactive plenary retail consumption licenses that were placed on 
inactive status prior to the effective date of P.L.2023, c.290 (C.33:1-10b et 
al.) into quartiles based on the total length of time that the licenses have 
been inactive, excluding a license exempted pursuant to subsection a. of 
this section.� The licenses shall be transferred pursuant to subsection c. 
of this section in accordance with the following time schedule:

���� (1)�� the quartile that has 
been inactive for the longest period of time shall be transferred pursuant to 
subsection c. of this section within one year of the effective date of 
P.L.2023, c.290 (C.33:1-10b et al.);

���� (2)�� the quartile that has 
been inactive for the second longest period of time shall be transferred 
pursuant to subsection c. of this section within two years following the 
effective date of P.L.2023, c.290 (C.33:1-10b et al.);

���� (3)�� the quartile that has 
been inactive for the third longest period of time shall be transferred 
pursuant to subsection c. of this section within three years following the 
effective date of P.L.2023, c.290 (C.33:1-10b et al.); and

���� (4)�� the quartile that has 
been inactive for the shortest period of time shall be transferred pursuant to 
subsection c. of this section within four years following the effective date of 
P.L.2023, c.290 (C.33:1-10b et al.).

���� e.���� Any request for relief 
under this section shall be accompanied by a nonreturnable filing fee of $100 
payable to the director. 

(cf:� P.L.2023, c.290, s.4) 

���� 2.��� This act shall take 
effect immediately.� 

STATEMENT

���� Under current law, an inactive 
Class C alcoholic beverage license which generally is used to sell alcoholic 
beverages to the public, is required to expire after it remains inactive for 
two consecutive two-year license terms.� The governing body of a municipality 
may extend this time period for an additional year.� 

���� This bill establishes an