A 3613 New Jersey General Assembly · 2026-2027 Regular Session

"Saving Our Diners and Preserving Our Past (SODA POP) Act"; provides sales and use tax exemption and corporation business and gross income tax credits for historic diners and historic restaurants included in online registry.*

This bill creates tax incentives for historic diners and restaurants in New Jersey that meet specific criteria. To qualify, establishments must have operated continuously for at least 25 years (including pandemic closures), qualify as small businesses, comply with health/safety rules, and be family-owned. Approved businesses receive a sales tax exemption on prepared food and beverages for on-site consumption and corporation business/gross income tax credits. The program requires annual registration through a state registry established by the Division of Travel and Tourism, with applications reviewed and approved by the Director.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Mar 9, 2026
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What changed between versions

Introduced Reprint · 6 edits
MODERATE
The First Reprint of A3613 makes several substantive changes following committee report. Most significantly, it shifts the authority to issue sales tax exemption and tax credit certificates from the Director of Travel and Tourism to the Director of Taxation, removes the 'on-site consumption' limitation from the sales tax exemption (broadening it to all prepared food and beverage sales at qualifying establishments), and adds flow-through provisions for partnerships and S corporations claiming the gross income tax credit. The bill was also renamed from 'Protecting Our Past' to 'Preserving Our Past (SODA POP) Act.'
ENFORCEMENT

Certificate issuance authority transferred: Previously the Director of Travel and Tourism directly issued both the sales tax exemption certificate and the tax credit certificate to operators. Now the Director of Travel and Tourism only notifies the Director of Taxation, who then issues both certificates. This centralizes tax administration in the Division of Taxation.

SCOPE

Sales tax exemption broadened: The phrase 'for on-site consumption' was removed from the sales tax exemption provision in section 2 (amending C.54:32B-3). The exemption now covers all sales of prepared food and beverages at historic diners and restaurants, not just those consumed on premises.

ELIGIBILITY

Partnership and S corporation flow-through rules added to the gross income tax credit (section 4): Partnerships and New Jersey S corporations cannot claim the credit directly. Instead, the credit is allocated to individual partners or shareholders in proportion to their distributive share of income, whether or not distributed.

REQUIREMENT

Registry structure changed from an 'annual' registry to a single registry that is updated annually. Applications are now explicitly for 'initial inclusion, and annual renewal,' implying continuous listing rather than a new registry each year.

DEFINITION

Bill renamed from 'Saving Our Diners and Protecting Our Past Act' to 'Saving Our Diners and Preserving Our Past (SODA POP) Act.' The word 'Protecting' was replaced with 'Preserving' and the SODA POP acronym was added.

TECHNICAL

Gender-neutral language updates throughout the sales tax section: 'his residence' changed to 'that private homeowner's or lessee's residence' and 'his services' changed to 'that individual's services.' Also corrected NAICS terminology from 'section 311, except subsector 3118' to 'subsector 311, except industry group 3118.'

Floor votes

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Full legislative history

Actions timeline

Total actions
2
Key actions
0
Committee
1
Mar 9, 2026
Committee
Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee
lower
Jan 13, 2026
Introduced
Introduced, Referred to Assembly Commerce and Economic Development Committee
lower
2 primary · 2 co-sponsors

Sponsors