The Division of Alcoholic Beverage Control (ABC) has released Advisory Notice 2024-06, which outlines P.L. 2023, c.290, that allows for the creation of Shopping Mall licenses for selling alcoholic beverages for immediate consumption within qualifying shopping malls.
On January 16, 2024, Governor Philip D. Murphy signed P.L. 2023, c.290 into law. This law amends the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 to 33:5-5, and introduces Shopping Mall licenses, a new type of retail consumption license.
Starting August 1, 2024, municipalities at the population cap for plenary retail consumption licenses (one per 3,000 residents) can issue Shopping Mall licenses for premises within qualifying malls. These malls must have at least 750,000 gross square feet (GSF), be under common ownership, feature an enclosed walkway connecting various establishments, and have at least one establishment with a Plenary Retail Consumption License. Strip malls do not qualify. Eligible municipalities can issue up to two licenses for malls with 750,000 GSF and up to four for malls with 1,500,000 GSF. The initial issuance fee is at least $250,000, with half due upon issuance and the rest a year later, and the annual renewal fee is set by the municipality. These licenses allow on-premises alcohol consumption only and can be transferred only within the same mall. They must comply with all provisions of the Alcoholic Beverage Control Act, Division regulations, and municipal ordinances, including public sale and annual renewal requirements.
The League recommends reviewing AN 2024-06 with your municipal attorney.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.