New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.11 - Penalty Schedule, definition of violation, successive violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth penalties for violations of the Alcoholic Beverage Control Act, 33:1-1 et seq., or the rules or orders of the Director promulgated thereunder.
(b) The Director may suspend or revoke a license, even for a first violation.
(c) The term "violation" means each breach of duty or responsibility imposed by the Alcoholic Beverage Control Act or the rules or orders of the Director promulgated thereunder.
(d) Violations by each and every individual shall constitute a separate incident for purposes of calculating the number of violations.
(e) The term "concurrent violations" means violations that occur within the same 24 hour period. The penalties for concurrent violations shall generally be calculated based on the same level of violation, subject to the provisions of (g) below. Notwithstanding the foregoing, the Director may, in the Director's sole discretion, consider aggravating or mitigating circumstances in determining the penalty for each violation.
(f) The term "successive violations" means violations that occur outside of the same 24-hour period. The penalties for successive violations shall generally be calculated based upon the number of violations occurring within a two-year period from the date of disposition of any prior violation(s), subject to the provisions of (g) below. Notwithstanding the foregoing, the Director may, in the Director's sole discretion, consider aggravating or mitigating circumstances in determining the level of violation.
(g) The penalty for a second, third or fourth violation shall only be imposed if the licensee has been notified of the prior violation or violations, before the additional violation is charged. Such notice may be provided by service of a Notice of Charges or the receipt of a written notice from an investigating officer that a violation has occurred, which may be presented to the licensee or other employee at the licensed premises, or other reasonable form of notice. Notwithstanding the foregoing, if violations are discovered during an undercover operation, then no notice of any prior violation is necessary to impose the penalty for a second, third or fourth violation.
(h) The penalty schedule lists the most common violations and is not intended to be exhaustive. Therefore, a license may be suspended or revoked for a violation that is not set forth in the penalty schedule. In fixing the penalty for any such violation, the Director shall state in writing specific reasons for determining the penalty imposed.
(i) Penalty Schedule<1>
Statute,
Code
Description
First
Second
Third
Fourth
Regulation or
Violation
Violation
Violation
Violation
Bulletin Item
<2>
<2>
<2>
<2>
33:1-25,
A &
Aiding and abetting
10
20
30
26, 31a and 52
A
N.J.A.C.
ACTIV
Illegal activity on
30
60
90
Revocation
N.J.A.C. 13:2-23.5(c)
the licensed premises
N.J.A.C.
ADV1
Improper
5
10
20
13:2-24.1 0(a)1 -7
advertising
N.J.A.C.
ADV2
Improper
5
10
20
13:2-24.10(a)8
cooperative
advertising
N.J.A.C.
APP1
Failure to provide
1
3
5
13:2-23.13(a)2
a copy of the most
recent full
application and/or
current renewal
application
N.J.A.C.
BOOKS1
Failure to have
2
10
20
13:2-23.32(a), (b)
true record or records
and (c), 24.1(c) and
of account available
(e)
on the licensed
premises, but produced
within 7 business days
of demand
33:1-25
APP2
Failure to timely
1
3
5
and N.J.A.C.
notify of change in
13:2-2.14(a)
fact on the license
application
33:1-25
APP3
Failure to notify
1
3
5
and N.J.A.C.
of corporate structure
13:2-2.14(b)
change
33:1-25
APP4
Failure to disclose
10
20
30
or false, misleading
or inaccurate answer
to a question on an
application, which
would not by itself
result in a
disqualification for
licensure
33:1-25
APP5
Failure to disclose
45
90
Revocation
or false, misleading
or inaccurate answer
to a question of
material fact on an
application
33:1-26
APP6
Lease out of the
45
90
Revocation
license
N.J.A.C. 13:2-23
BOOKS1
Failure to have
2
10
20
.32(a), (b) and (c),
true record or records
24.1(c) and (e)
of account available
on the licensed
premises, but produced
within 7 business days
of demand
N.J.A.C.
BOOKS2
Failure to maintain
30
60
Revocation
13:2-23.32(a), (b),
true record or records
(c) and (d), 24.1(c)
of account or failure
and (e)
to produce true record
or records of account
within seven business
days of demand
N.J.A.C.
BOT1A
Contaminated or low
1
5
10
13:2-23.15 or 23.23
proof bottles (one to
five bottles)
N.J.A.C.
BOT1B
Contaminated or low
5
10
20
13:2-23.15 or 23.23
proof bottles (six or
more bottles)
N.J.A.C.
BOT2
Substitution of
5
10
20
13:2-23.19
beverages
N.J.A.C.
BOT3
Tampering/adulterated
5
10
20
N.J.A.C.
BOT4
Substitution of Brands
15
30
45
Revocation
13:2-23.19(b)
N.J.A.C.
BOT5
Marrying of Bottles
5
10
15
13:2-23.15(b)
of Alcohol
13:2-23.9(a)
alcohol
13:2-35.1
BPP1
Broad package
10
30
60
and 35.5 or 35.2 and
privilege violation
35.4
(improper sale or
display)
N.J.A.C. 13:2-35.1
BPP2
Broad package
10
30
60
and 35.2
privilege violation
(insufficient
equipment and/or bar)
N.J.A.C.
BULK
Transfer of
1
5
10
13:2-23.12
inventory without a
bulk permit
N.J.A.C.
CERT
License certificate
1
3
5
13:2-23.13(a)1
not conspicuously
displayed
N.J.A.C.
CHECK
Return of an unpaid
5
10
20
13:2-23.33
check to Division or
issuing authority
(penalties will
include original check
amount and
administrative costs)
13:2-8.13
CLUB1
Advertising
5
10
20
availability of
alcoholic beverages to
the public
13:2-8.8,
CLUB2
Sale beyond the
10
20
30
9 and 11
scope of the club
license, including,
but not limited to,
sale to non-member or
social affair
permittee
13:2-26.1
COOP1
Purchase of
10
20
30
alcoholic beverages by
a non-member
N.J.A.C. 13:2-26.1
COOP2
Allowed a person
10
20
30
not qualified and/or
minor permittee to
order for member or
employee of
cooperative
N.J.A.C. 13:2-26.1
COOP3
Allowed a purchase
10
20
30
by a non-member
retailer under
cooperative
13:2-24.8
COST
Sale of alcoholic
15
30
45
beverages below cost
N.J.A.C.
C PL 1
Sale of alcoholic
15
30
45
13:2-24.6(a)6
beverages not listed
on a "Current Price
List"
N.J.A.C.
C PL 2
Sale or acceptance
15
30
45
13:2-24.6(a)6
of alcoholic beverages
upon terms other than
set forth on a
"Current Price List"
N.J.A.C.
C PL 3
Failure to maintain
15
30
45
13:2-24.6(a)1 and 2
an "Historical Price
List" and "Marketing
Manual"
N.J.A.C.
C PL 4
Failure to timely file
1
10
15
13:2-24.6(a)4
"Current Price List"
13:2-24.4
CRED1
Wholesaler extended
15
30
45
credit to retailer on
COD status
N.J.A.C. 13:2-24.4
CRED2
Retailer received
15
30
45
credit from wholesaler
while on COD status
N.J.A.C. 13:2-24.1
DISC1
Terms of sale of
15
30
45
Revocation
alcoholic beverages
offered in
discriminatory manner
13:2-24.2
DISC2
Offers service to a
15
30
45
Revocation
licensee in a
discriminatory manner
33:1-26
DISQ1
Employed a
30
60
90
Revocation
and N.J.A.C.
criminally
13:2-14.5
disqualified person
33:1-25,
DISQ2
Criminally
Revocation
26
disqualified licensee
N.J.A.C. 13:2-24.4
CRED1
Wholesaler extended
15
30
45
credit to retailer on
COD status
N.J.A.C. 13:2-24.4
CRED2
Retailer received
15
30
45
credit from wholesaler
while on COD status
N.J.A.C.
E-141-A1
Employees list not
1
5
10
13:2-23.13(a)3
complete or available
on the licensed
premises
N.J.A.C.
E-141-A2
Employees list not
15
30
45
13:2-23.13(a)3
complete or available
on the licensed
premises and
criminally
disqualified employee
13:2-14.1
EMIN
Employing a minor
1
5
10
and/or 14.2
without a permit
N.J.A.C.
EPOL1
Employed a law
10
20
30
13:2-23.31(b)2 i
enforcement officer
without approval
33:1-26.1
EPOL2
Employed a law
15
30
45
Revocation
enforcement officer in
jurisdiction where law
enforcement officer
serves
N.J.A.C.
ESOL
Employment of a
15
30
45
Revocation
13:2-23:25
solicitor by a
retailer
33:1-12a
FETAL
Failure to display
1
3
5
Fetal Alcoholic
Syndrome warning
poster
2A:40-1;
GAMB1
Failure to notify
5
10
20
13:2-23.7(c)
of placement of
approved video game
within 48 hours of
placement
N.J.A.C.
GAMB2
Raffling of sealed
5
10
20
13:2-23.7(a)7
containers of
alcoholic beverages
without a permit
N.J.A.C.
GAMB3
Gambling
5
10
20
13:2-23.7(a)5
paraphernalia on the
licensed premises
N.J.A.C.
GAMB4A
Non-criminal
5
10
20
13:2-23.7(a)
gambling activity on
the licensed premises
N.J.A.C.
GAMB4B
Criminal gambling
30
60
90
Revocation
13:2-23.7(a)
activity on the
licensed premises
N.J.A.C.
GAMB5
Unapproved video
5
10
20
13:2-23.7(a)6
device on the licensed
premises
N.J.A.C.
GAMB6
Video or slot
30
60
90
Revocation
13:2-23.7(a)4
machine or other
gambling device
playing for money or
other valuable thing
N.J.A.C. 13:2-23.7
GAMB7A
Criminal gambling
90
Revocation
activity on the
licensed premises
involving an employee
N.J.A.C. 13:2-23.7
GAMB7B
Criminal gambling
Revocation
activity on the
licensed premises
involving a licensee
N.J.A.C. 13:2-23.7
GAMB7C
Non-criminal
10
20
30
Revocation
gambling activity on
the licensed premises
involving an employee
N.J.A.C. 13:2-23.7
GAMB7D
Non-criminal
10
20
30
Revocation
gambling activity on
the licensed premises
involving a licensee
N.J.S.A.
HIND1
Employee hindering
30
60
90
Revocation
33:1-35 /N.J.A.C.
an investigation
13:2-23.30
N.J.S.A.
HIND2
Licensee hindering
45
90
Revocation
33:1-35/N.J.A.C.
an investigation
13:2-23.30
13:2-38.1
HRS1
Sale of alcoholic
10
20
30
or 38.2
beverages before or
after the legal hour
or in violation of a
municipal ordinance
N.J.S.A. 33:1-31h
HRS2
Presence of
10
20
30
and N.J.A.C.
non-employee(s) after
13:2-38.1 or 38.2
the legal hour set by
a municipal ordinance
N.J.A.C. 13:2-20
INSIG
Alcoholic beverages
1
5
10
transported without a
transit insignia
N.J.A.C.
INV1
Failure to have
1
5
10
13:2-20.4(b) or 23.32
invoices available at
the licensed premises,
but produced within
seven business days of
demand
N.J.A.C.
INV2
Failure to maintain
30
60
Revocation
13:2-20.4(b) or 23.32
invoices or failure to
produce invoices
within seven business
days of demand
N.J.A.C.
LEWD1
Lewd activity on
30
60
90
Revocation
13:2-23.6(a)1
the licensed premises
N.J.A.C.
LEWD2
Lewd activity with
45
90
Revocation
13:2-23.6(a)1
audience participation
on the licensed
premises
N.J.A.C.
LEWD3
Lewd material on
10
20
30
13:2-23.14
the licensed premises
33:1-12
MERC
Conducted other
5
10
20
mercantile business on
the licensed premises
N.J.S.A.
NARC1
Narcotic activity
45
90
Revocation
33:2-23.5(b)
on the licensed
premises
N.J.A.C.
NARC2
Narcotic
45
90
Revocation
13:2-23.5(b)
paraphernalia on the
licensed premises
N.J.A.C.
NARC3
Narcotic activity
90
Revocation
13:2-23.5(b)
on the licensed
premises involving an
employee
N.J.A.C.
NARC4
Narcotic activity
Revocation
13:2-23.5(b)
on the licensed
premises involving a
licensee
N.J.A.C.
NUIS1
Licensed business
10
20
30
13:2-23.6(b)
conducted in such a
manner to become a
nuisance (quality of
life--noise, litter,
urination, etc.)
N.J.A.C.
NUIS2
Licensed business
30
60
90
Revocation
13:2-23.6(b)
conducted in such a
manner to become a
nuisance (police
intervention--public
safety or rights being
violated)
N.J.S.A.
ORDIN
Violation of any
10
20
30
33:1-31 (h)
ordinance, resolution
or regulation of an
issuing authority or
governing body
N.J.S.A. 33:1-31
ORDER
Violation of an
10
20
30
order of the Director
or of an issuing
authority
13:2-9.3
POSS
Failure to maintain
Indefinite
Indefinite
Indefinite
Revocation
continuing possession
suspension
suspension
suspension
and exclusive control
+ 10
+ 20
+ 30
of licensed premises
days
days
days
N.J.A.C.
PP
Prohibited
10
20
30
13:2-23.16
promotion
N.J.A.C.
PROHD
Accepted delivery
5
10
20
13:2-23.10
from a non-licensed
carrier
N.J.A.C.
PROHP
Purchased alcoholic
10
20
30
13:2-23.12(a) or (b)
beverages from a
prohibited source
N.J.A.C.
PROHS
Sale of alcoholic
10
20
30
13:2-23.12(b)
beverages to a
prohibited receiver
(retailer-retailer)
N.J.A.C.
PULA
Sale to a person
15
30
45
Revocation
13:2-23.1(a)
under the legal age,
but over the age of 18
N.J.A.C.
PULA/M
Sale to a person
30
60
90
Revocation
13:2-23.1(a)
under the age of 18
years
N.J.A.C.
REBATE
Prohibited consumer
5
10
20
13:2-24.11
rebate
N.J.A.C.
RET
Retailer
30
60
90
Revocation
13:2-23.24
received--parallel to
SOL3
33:1-11,
SBD1
Sale of less than
5
10
20
2c
one hundred forty-four
fluid ounces of malt
alcoholic beverages in
original containers
33:1-11,
SBD2
Sale of "chilled"
5
10
20
2c
malt alcoholic
beverages
33:1-12
SCOPE
Sale or consumption
10
20
30
beyond the scope of
the license
N.J.S.A.
SOL1
Solicitor offered
15
30
45
Revocation
33:1-52 /N.J.A.C.
an order of alcoholic
13:2-16.11; N.J.A.C.
beverages for purchase
13:2-16.3; N.J.A.C.
or sale, other than
13:2-16.1
allowed by law and the
license of employer
and/or offered to sell
or sold to, or
received compensation
based on purchases
made by or sales made
to, a retail license
in which the
solicitor's or another
solicitor's immediate
family has a direct or
indirect interest.
N.J.A.C.
SOL2
Solicitor employed
15
30
45
Revocation
13:2-16.12
by or connected in
business capacity to a
retail licensee
N.J.A.C.
SOL3
Solicitor offered a
30
60
90
Revocation
13:2-16.11(b)
cash rebate, free
goods or other
incentive not
contained on Current
Price List
N.J.A.C. 13:2-16.3
SOL4
Solicitor held a
15
30
45
Revocation
solicitor's permit
and/or received
compensation based
upon sales to or
purchases made by
retail licenses but
did not substantially
perform the duties
required of a
solicitor as defined
in N.J.A.C.
13:2-16.3(e).
N.J.S.A.
STAMP
Federal Tax Stamp
1
3
5
33:1-31 (e)
not available
N.J.A.C.
STOR1
Storage of
5
10
20
13:2-23.21
alcoholic beverages
off the licensed
premises without a
permit or not in a
licensed warehouse
N.J.A.C.
STOR2
Storage of
5
10
20
13:2-23.21
alcoholic beverages
for a time period
exceeding 72 hours
following receipt of a
delivery for a fellow
co-op member
N.J.A.C.
SUSPV
Prohibited activity
10
20
30
13:2-23.27
during license
suspension
N.J.A.C.
TAP
Tap connected to a
5
10
20
13:2-23.22(a)
container of malt
alcoholic beverages
not truly indicating
name or brand
N.J.S.A.
TAX
Knowing failure to
15
30
60
33:1-31(d)
pay taxes described in
N.J.S.A. 33:1-31
N.J.A.C.
TOX1
Sale of alcoholic
15
30
45
Revocation
13:2-23.1(b)
beverages to an
intoxicated patron
N.J.A.C.
TOX2
Licensee or
15
30
45
Revocation
13:2-23.20
employee working at
licensed premises
while intoxicated
N.J.A.C.
TRANS
Transporting
10
20
30
13:2-20.4(a) and
alcoholic beverages
13:2-20.3
without proper
documents
33:1-25
UI1
Undisclosed person,
30
60
90
Revocation
not otherwise
disqualified, with a
beneficial interest in
a liquor license or
licensed business
33:1-26
UI2
Person under the
Revocation
age of 18 or
criminally
disqualified person
with an undisclosed
beneficial interest in
a liquor license or
licensed business
N.J.S.A.
UI3
Acquiring a
Revocation
33:1-12.31
beneficial interest in
more than two retail
liquor licenses
N.J.S.A.
UI4
Solicitor with an
Revocation
33:1-43 /N.J.A.C.
undisclosed business
13:2-16.12
relationship to or a
beneficial interest in
a retail license
N.J.A.C.
UI5
Police officer,
Revocation
13:2-23.31
peace officer, or any
other person whose
power or duties
include the
enforcement of the
alcoholic beverage law
or regulations with an
undisclosed beneficial
interest in a liquor
license
N.J.S.A. 33:1-43
UI6
A brewery, winery,
Revocation
distillery, rectifying
and blending plant or
wholesale licensee
with an undisclosed
interest in a retail
liquor license
N.J.A.C.
WHOL1
Wholesaler
30
60
90
Revocation
13:2-16.11 and 23.28
responsible for
solicitor violating
13:2-16.3
and/or 16.11
N.J.A.C.
WHOL2
Wholesaler hired,
30
60
90
Revocation
13:2-16.1 4
as a solicitor, a
person whose immediate
family member has a
direct or indirect
financial interest in
a retail license, in
violation of N.J.A.C.
13:2-16.14 and/or
wholesaler assigned a
solicitor, whose
immediate family
member has a direct or
indirect interest in a
retail license to an
account in which that
solicitor's or any
solicitor's family
member has a direct or
indirect interest in
the retail license.
N.J.A.C.
WHOL3
Wholesaler paid
30
60
90
Revocation
13:2-16.14
commission to a
solicitor, whose
immediate family
member has a direct or
indirect interest in a
retail license, based
upon sales made to or
purchases made by a
retail licensee in
which the solicitor's
or another solicitor's
immediate family
member has a direct or
indirect interest.
1 The description of the penalties in this schedule is not intended to provide a complete description of the violation. The governing standard is set forth in the referenced statute or regulation.
2 Number refers to days of license suspension.