On May 10, the Division of Alcoholic Beverage Control (ABC) issued Administrative Order 2024-03 granting blanket relief for the 2024-2025 license term for all eligible inactive Class C license holders. The Order also establishes quartiles, as required under P.L. 2023, c.290, based on the total length of time licenses have been inactive.
This order is in response to the recent liquor license reform of P.L. 2023, c.290, which among other things provides that inactive Class C licenses shall not be renewed if it has not been actively used in connection with the operation of a licensed premises within two consecutive terms. If the license remains inactive at the end of this two-year period, it will expire unless the municipal issuing authority extends the period and renews the license for an additional year.
To qualify for blanket 12.39 relief, inactive Class C licensees must otherwise qualify for renewal by doing the following:
1) File a timely renewal application (POSSE online or paper template renewal application) for the 2024-2025 license term not later than June 30, 2024 (30-day grace period until July 30, 2024, pursuant to N.J.S.A. 33:1-12.13); and
2) Pay the State filing fee and municipal renewal filing fee for the 2024-2025 license term not later than June 30, 2024 (30-day grace period until July 30, 2024, pursuant to N.J.S.A. 33:1-12.13).
A licensee is NOT eligible for the blanket 12.39 relief granted in this Order if a licensee has any outstanding issues for any prior term, such as the license has not been renewed because of a prior issue with 12.18 relief and/or 12.39 relief. All prior outstanding issues with the license, including any pending objections to renewal, must be resolved first before a licensee may benefit from the relief granted in this Order.
The quartiles established by the Order are based on the length of the plenary retail consumption license’s (PRCL) inactivity. Contained in the Order is a link to a statewide listing of inactive licenses. We suggest you review this list to ensure the inactive licenses in your municipality are accurately reflected. By statute PRCLs in each quartile are required to place their licenses into active use or transfer them by the dates set forth in the statute and described in the AO.
For legal questions about this Order, please contact AAG Alyssa Wolfe, Counsel to the Director at alyssa.wolfe@njoag.gov. For all other questions on inactive licenses, please contact Amy Leib at 609-376-9760.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.