reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 14 - EMPLOYMENT BY LICENSEES OF A PERSON FAILING TO QUALIFY AS A LICENSEE › Section 13:2-14.13 - Cancellation, suspension and revocation of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employment permit may be canceled or suspended or revoked by the Director for cause, including, but not limited to, any of the following:
1. Violation by the holder of any provision of the alcoholic beverage law or any regulation adopted thereunder;
2. For any fraud, misrepresentation, false statement, misleading statement, evasion or suppression of a material fact in the application for the permit;
3. Proof that the holder has a prohibited interest in any license issued by the Director or any other issuing authority;
4. The permit holder is disqualified from being employed by a licensee for reasons other than the disqualification referred to in the employment permit;
5. Any other act or happening, occurring after the time of making an application for an employment permit which, if it had occurred before said time, would have prevented issuance of the permit; and
6. With respect to rehabilitation employment permits or temporary work letters issued pursuant to 13:2-14.6, proof of arrest or conviction of the permit holder of any crime or disorderly persons offense.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 15 - REMOVAL OF STATUTORY DISQUALIFICATION › Section 13:2-15.1 - Time for petition filing; removal of statutory disqualification

Current through Register Vol. 56, No. 14, July 15, 2024
Any person convicted of a crime involving moral turpitude may, after the lapse of five years from the date of conviction, or release from incarceration, whichever is later, petition the Director of the Division of Alcoholic Beverage Control pursuant to 33:1-31.2 for an order removing the resulting statutory disqualification from obtaining or holding any license or permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 15 - REMOVAL OF STATUTORY DISQUALIFICATION › Section 13:2-15.2 - Petition; contents

Current through Register Vol. 56, No. 14, July 15, 2024
The petition for removal of disqualification shall be in verified form accompanied by payment of a filing fee of $ 100.00. The petitioner shall be required to submit to fingerprinting and provide four recent color passport photographs (two inches by two inches) with said application, as well as any fingerprinting processing fees attendant thereto.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 15 - REMOVAL OF STATUTORY DISQUALIFICATION › Section 13:2-15.3 - Hearing

Current through Register Vol. 56, No. 14, July 15, 2024
No petition shall be denied without first affording the petitioner a hearing, which the Director shall schedule to be held at this Division by the Director under 52:14F-8 or by an Administrative Law Judge as a contested case pursuant to 1:1-3.2. The petitioner and two character witnesses will be required to appear in person at said hearing and to testify under oath.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 15 - REMOVAL OF STATUTORY DISQUALIFICATION › Section 13:2-15.4 - Removal of disqualifications; causes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director may, in the exercise of sound discretion, enter an order removing the disqualification, if the Director is satisfied from the petitioner's testimony, the witnesses produced or the investigative record that:
1. At least five years have elapsed from the later of the date of conviction or release from incarceration;
2. The petitioner has behaved in a law-abiding manner during such period; and
3. The petitioner's association with the alcoholic beverage industry will not be contrary to the public interest.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.1 - Necessity of permit

Current through Register Vol. 56, No. 14, July 15, 2024
No individual shall offer for sale or solicit any order in this State for the purchase or sale of any alcoholic beverage, whether such sale is to be made within or without this State, unless such individual holds a solicitor's permit and has such permit upon his person at the time of such solicitation. This, however, does not prohibit such offer or solicitation by any individual licensee himself or by the individual members of a licensed partnership or by any employee of any retail licensee in connection with and in the course of the licensed business.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.2 - Privileges of permit

Current through Register Vol. 56, No. 14, July 15, 2024
A solicitor's permit, issuable by the Director of the Division of Alcoholic Beverage Control, authorizes the permittee to make offers and solicit for such sales of alcoholic beverages on behalf of the licensee represented by the solicitor and designated in the permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.4 - Permits to enforcement officers or municipal officials

Current through Register Vol. 56, No. 14, July 15, 2024
No solicitor's permit shall be issued to or held by any person charged or entrusted with the enforcement of the laws concerning alcoholic beverages in any manner whatsoever, except that nothing herein shall prohibit a member of a municipal governing body or municipal issuing authority from being issued or holding a solicitor's permit, provided, however, that no holder of a solicitor's permit shall, directly or indirectly, offer for sale or solicit any order for the purchase or sale of any alcoholic beverages in any municipality in which he is a member of the municipal governing body or municipal issuing authority.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.5 - Permit fees

Current through Register Vol. 56, No. 14, July 15, 2024
The fee for a solicitor's permit is $ 15.00 per annum for solicitors employed exclusively by licensees whose license permits the sale of malt alcoholic beverages only, and $ 25.00 per annum for solicitors employed by all other eligible licensees. A separate fee shall be paid for each licensee designated in the permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.6 - Application for permit; photograph and fingerprints; affidavit of compliance with the Alcoholic Beverage Control Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for the issuance or renewal of a solicitor's permit shall make application on a form promulgated by the Director accompanied with the appropriate fee.
(b) Applications for the issuance of a solicitor's permit shall be accompanied by one passport type color photograph of the applicant, two inches by two inches, taken not more than 30 days prior to the date of the application.
(c) Applications for the issuance of a solicitor's permit shall require the fingerprinting of the applicant and the payment of the fingerprinting processing fees attendant thereto.
(d) Applications for the issuance of a solicitor's permit shall be accompanied by the applicant's affidavit, on a form prescribed by the Director, attesting to compliance with the Alcoholic Beverage Control Act. Such affidavit shall specifically state that the applicant has read, understands and promises not to violate the Alcoholic Beverage Control laws and regulations, including those which relate to:
1. Tied House Restrictions (pursuant to 33:1-43 and 13:2-23.25 );
2. The Retail Cooperative Purchase Regulation (pursuant to N.J.A.C. 13:2-26 ); and
3. The Trade Member Discrimination, Marketing, and Advertising Regulation (pursuant to N.J.A.C. 13:2-24.)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.7 - Term of permit

Current through Register Vol. 56, No. 14, July 15, 2024
All solicitors' permits shall expire on May 31st following their issuance, unless otherwise specified therein, as provided in 33:1-67.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.8 - Nontransferability of permit

Current through Register Vol. 56, No. 14, July 15, 2024
Each solicitor's permit covers only the employment designated therein and is not transferable as to employer or employee or employment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.9 - Amendment of application

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever any change shall occur in any of the facts set forth in the application for a solicitor's permit, the permittee shall file with the Director a notice in writing of such change within 10 days after its occurrence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.10 - Surrender of permit upon termination of employment

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the termination of any employment for which a solicitor's permit has been granted, the employer named therein shall file with the Director a notice in writing of such termination and the permittee shall surrender for cancellation to the Director the permit covering such employment within 10 days after its occurrence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.11 - Restrictions on permittee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No holder of a solicitor's permit shall, in the State of New Jersey, offer for sale or solicit any order for the purchase or sale of any alcoholic beverage other than to the extent duly allowed and permitted by law and by the New Jersey license of his or her employer.
(b) No holder of a solicitor's permit shall directly or indirectly engage in any conduct prohibited its employer by the provision of Title 33 or any regulations promulgated thereunder, nor shall such person sell, solicit, or deliver alcoholic beverages at a price or upon terms or conditions or under promotions or contests not contained in his or her employer's "Marketing Manual" and "Current Price List" kept pursuant to N.J.A.C. 13:2-24 for the operative period.
(c) No holder of a solicitor's permit shall offer for sale or solicit any order for the purchase or sale of any alcoholic beverage, or receive any commission or compensation, directly or indirectly, based on sales to any retail license in which an immediate family member of the solicitor has any direct or indirect financial interest or participates in the operation thereof.
(d) No holder of a solicitor's permit whose immediate family member has any direct or indirect interest or participates in the operation of a retail license shall offer for sale or solicit any order for the purchase or sale of any alcoholic beverage, or receive any commission or compensation, directly or indirectly, based on sales to any retail license in which an immediate family member of another solicitor employed by the same wholesaler has any direct or indirect financial interest or participates in the operation thereof.
(e) For purposes of this section, the term "immediate family member" shall be the same as the definition set forth in 13:2-16.3(d).
(f) All persons applying for a solicitor's permit or the annual renewal of a solicitor's permit shall certify on the solicitor's permit application that either:
1. The solicitor does not have any immediate family members, as defined by (e) above, that have a direct or indirect interest in, or participate in the operation of, a retail license; or
2. The solicitor's immediate family member or members, as defined by (e) above, have a direct or indirect interest in, or participate in the operation of, a retail license. The solicitor shall fully identify all such family members, the retail license number and the relationship to the solicitor. The solicitor shall certify that he or she is in compliance with (c) and (d) above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.12 - Interest of permittee in retail business

Current through Register Vol. 56, No. 14, July 15, 2024
No holder of a solicitor's permit shall be interested, directly or indirectly, in any retail license or any business conducted thereunder, nor shall the holder of a solicitor's permit be employed by or connected in any business capacity with any retail licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.13 - Search of permittee's vehicle

Current through Register Vol. 56, No. 14, July 15, 2024
By the acceptance of a solicitor's permit, the permittee consents to inspection and search of any vehicle owned or being driven by him, without search warrant, by the Director, his or her deputies, inspectors and investigators and by any officer as defined by 33:1-1(p).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.14 - Responsibilities of employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No holder of a Class A (33:1-10 ) or Class B (33:1-11 ) license shall allow, permit or suffer, in his behalf, any individual to offer for sale or solicit any order in the State of New Jersey for the purchase or sale of any alcoholic beverage, whether such sale is to be made within or without the State, unless such person has a solicitor's permit.
(b) No wholesaler shall pay compensation, whether by commission or otherwise, to a solicitor unless the solicitor substantially performed the duties referenced in 13:2-16.3(e)  throughout the period and for each account for which the compensation is paid.
(c) No wholesaler shall hire a person whose immediate family member has a direct or indirect financial interest or participates in the operation of a retail license.
(d) No wholesaler shall assign a solicitor to any retail account or pay commission or compensation to a solicitor for sales to any retail account in which an immediate family member of the solicitor has any direct or indirect financial interest or participates in the operation thereof.
(e) No wholesaler shall assign a solicitor to any retail account in violation of 13:2-16.11(c) or (d).
(f) For every solicitor whose immediate family member has any direct or indirect interest in, or participates in the operation of a retail license, the employing wholesaler shall submit, upon each annual renewal application, a statement disclosing all retail accounts assigned to the solicitor and a certification that the solicitor has not been assigned to any accounts in which an immediate family member of that solicitor, or an immediate family member of any solicitor employed by that wholesaler, has any direct or indirect financial interest or participates in the operation thereof.
(g) For purposes of this section, the term "immediate family member" shall be the same as the definition set forth in 13:2-16.3(d).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.15 - Solicitor's contracts

Current through Register Vol. 56, No. 14, July 15, 2024
All contracts of employment between Class A (33:1-10 ) or Class B (33:1-11 ) licenses and their solicitors shall be in writing and shall set forth the salary, commission or other compensation of any kind agreed to be paid to such solicitor. Contracts shall be maintained by the employer for a period of three years from the date of execution and shall be available for inspection by the Director, his or her deputies, inspectors, investigators and agents and other officers as defined by 33:1-1(p).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.16 - Filing of statement of compensation with Director

Current through Register Vol. 56, No. 14, July 15, 2024
On or before May 31 of each year, each holder of a Class A (33:1-10 ) or Class B (33:1-11 ) license employing any solicitor during the preceding calendar year shall file with the Director a true statement listing all compensation, itemized as to salary, commission, reimbursed expenses, prizes, awards, bonuses, or otherwise, paid to each such solicitor by such manufacturer or wholesaler during that calendar year.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 16 - SOLICITOR'S PERMIT › Section 13:2-16.17 - Suspension or revocation of solicitor's permit

Current through Register Vol. 56, No. 14, July 15, 2024
If a solicitor holds more than one solicitor's permit and one of the solicitor's permits is suspended or revoked, all of the solicitor's permits shall be suspended or revoked unless the solicitor demonstrates good cause why the solicitor's other permits should not be suspended or revoked.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.1 - Notice and petition of appeal; contents; fee

Current through Register Vol. 56, No. 14, July 15, 2024
All appeals from the actions taken by a municipal issuing authority concerning the issuance, denial, renewal, transfer, suspension or revocation of a retail license shall be commenced by the filing, in duplicate, of a notice and petition of appeal to the Director of the Division of Alcoholic Beverage Control. The petition shall set forth the identity of the parties involved in the appeal, the subject matter of the appeal, the date and the action of the issuing authority from which the appeal is taken, the relief sought, the grounds therefor and a fee of $ 100.00 payable to the Director, Division of Alcoholic Beverage Control.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.2 - Service of notice and petition of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
The appellant shall first serve, personally or by ordinary mail, a copy of the notice and petition of appeal upon the respondent issuing authority and, where the action appealed from is the grant, transfer or extension of a license, or the refusal to revoke or suspend a license, a copy shall be so served upon the licensee, who shall also be joined as a respondent. The notice and petition of appeal, together with an acknowledgement or affidavit of service, must be filed with the Director within the time set forth in 13:2-17.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.3 - Time for appeal

Current through Register Vol. 56, No. 14, July 15, 2024
Appeals by any taxpayer or other aggrieved person from the issuance of a license or from the grant of an application for the extension or transfer of a license must be taken within 30 days from the date of issuance, extension or transfer of the license. All other appeals by a licensee or applicant for a license must be taken within 30 days after the personal service or mailing by registered mail of a written notice by the municipal issuing authority of the action taken against the licensee or the applicant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.4 - Answer

Current through Register Vol. 56, No. 14, July 15, 2024
Within 10 days after service of the notice and petition of appeal, each respondent shall file, in duplicate, an answer with the Director and serve a copy thereof on each of the parties to the appeal. The answer filed by the respondent issuing authority shall include a statement of the grounds for its action, together with a copy of the subject resolution.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.5 - Jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
Upon filing of the notice and petition of appeal and answer, the Director shall determine whether the case is contested. If the case is determined to be contested, the Director shall file it with the Office of Administrative Law pursuant to N.J.A.C. 1:1-8 or retain it under the provisions of 52:14F-8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.6 - De novo hearing; burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
All appeals shall be heard de novo and the burden of establishing that the action of the respondent issuing authority was erroneous, and should be reversed, shall rest with appellant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.7 - Subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
Subpoenas and subpoenas duces tecum, signed by the Director or Administrative Law Judge, for the attendance of witnesses and the production of books, records and other documents at the hearing on the appeal, may be obtained by the parties upon request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.8 - Stays

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The filing of an appeal from a suspension or revocation of a license by a municipal issuing authority shall act as an automatic stay of such suspension or revocation, unless the Director shall otherwise order. All other appeals shall not stay the effect of the action appealed from unless otherwise ordered by the Director or Administrative Law Judge.
(b) In cases in which a suspension or revocation has been stayed pending the outcome of an appeal to the Director, the licensee must file a renewal application and the appropriate fees for each subsequent license term while the appeal is pending or the license shall be deemed to have expired.
(c) In cases in which a suspension has not been stayed or in which a revocation has been stayed and an indefinite suspension imposed pending the outcome of an appeal to the Director, the licensee must file a renewal application and the appropriate fees for each subsequent license term while the appeal is pending or the license shall be deemed to have expired.
(d) In cases in which a revocation has not been stayed pending the outcome of an appeal to the Director, the licensee need not file a renewal application and appropriate fees for each subsequent license term while the appeal is pending. If the revocation is not sustained on appeal, then the licensee shall be required to file renewal applications and pay the appropriate fees for each license term during which the appeal was pending, within 60 days of the date of the Director's decision or the license shall be deemed to have expired.
(e) In all other cases, except those addressed in 13:2-17.9, the licensee must file a renewal application and the appropriate fees for each subsequent license term while the appeal is pending or the license shall be deemed to have expired.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.9 - Extension of license term

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the filing of an appeal from the denial of an application for renewal of a license, or the failure to act upon such renewal application within the time set forth in 13:2-2.10(b), the Director may, at the time of the filing of the appeal, in the exercise of sound discretion, issue an order upon respondent issuing authority to show cause why the term of the license should not be extended pending the determination of the appeal, together with ad interim relief extending the license pending the return of the order to show cause. If it appears that a substantial question of fact or law has been raised, and that irreparable injury to the appellant would result if the license is not extended, the Director may extend the license pending the outcome of the appeal, subject to such special conditions as the Director may deem appropriate.
(b) In cases in which a license has been extended pending the outcome of an appeal to the Director, the licensee must file a renewal application and the appropriate fees for each subsequent license term while the appeal is pending or the license shall be deemed to have expired.
(c) In cases in which a license has not been extended pending the outcome of an appeal to the Director, the licensee need not file a renewal application and appropriate fees for each subsequent license term while the appeal is pending. If the licensee prevails on appeal, then the licensee shall be required to file renewal applications and pay the appropriate fees for each term during which the appeal was pending, within 60 days of the date of the Director's decision or the license shall be deemed to have expired.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.10 - Transfer, extension or renewal subject to appeal

Current through Register Vol. 56, No. 14, July 15, 2024
When appeal is taken in any matter, any subsequent transfer, extension or renewal of the license involved in the appeal shall be subject to the ultimate outcome of such appeal, unless otherwise ordered in the final administrative determination of the case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.11 - Hearing procedure

Current through Register Vol. 56, No. 14, July 15, 2024
Upon determination that the matter is a contested case, the Uniform Administrative Procedure Rules of Practice (N.J.A.C. 1:1) shall govern the conduct of the case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 17 - APPEALS › Section 13:2-17.12 - Renewal applications and appeals to the Appellate Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Director's decision revokes a license or affirms a municipal decision to revoke a license or deny renewal of a license and the Director's decision has not been stayed pending an appeal to the Appellate Division, the licensee need not file a renewal application and appropriate fees for each subsequent license term while the appeal to the Appellate Division is pending. If the licensee prevails on the appeal to the Appellate Division, then the licensee shall be required to file renewal applications and pay the appropriate fees for each term during which the appeal was pending, within 60 days of the date of the Appellate Division's decision or the license shall be deemed to have expired.
(b) In any other case involving an appeal to the Appellate Division from the Director's decision, the licensee must file a renewal application and the appropriate fees for each subsequent license term while the appeal to the Appellate Division is pending or the license shall be deemed to have expired.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 18 - PETITION PROCEEDINGS; DISCRIMINATION AGAINST WHOLESALERS › Section 13:2-18.2 - Filing and serving petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The petitioner shall file with the Director, Division of Alcoholic Beverage Control, an original and copy of a Verified Petition setting forth the identity of the parties, the subject matter of the petition, the identity and the brand registration number for each of the product(s) involved, the relief sought, the grounds therefor and such other matters required under 33:1-93.6 et seq.
(b) The petitioner shall serve, personally or by ordinary mail, a copy of the petition upon the respondent importer, blender, distiller, rectifier or winery no later than within five days from the filing of the petition. The original petition, together with acknowledgement or affidavit of service, shall be filed with the Director.
(c) The petition shall be accompanied by a filing fee of $ 100.00 payable to the Director, Division of Alcoholic Beverage Control.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 18 - PETITION PROCEEDINGS; DISCRIMINATION AGAINST WHOLESALERS › Section 13:2-18.3 - Answer to petition

Current through Register Vol. 56, No. 14, July 15, 2024
Within 10 days after service of the copy of the petition, each respondent shall file an answer with the Director, together with proof of service of a copy thereof on the petitioner. The answer shall include a statement as to whether the respondent has refused to sell to the petitioner and, if so, the reasons for such refusal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 18 - PETITION PROCEEDINGS; DISCRIMINATION AGAINST WHOLESALERS › Section 13:2-18.4 - Interlocutory relief

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The petitioner may apply to the Director by verified petition and request interlocutory relief. The verified petition must allege that the petitioner will probably suffer substantial and irreparable injury before final determination of the proceeding unless interlocutory relief is granted.
(b) If it appears that the petitioner will probably suffer immediate, substantial and irreparable injury before a hearing can be held on the return date of the order to show cause, the Director may enter an ex parte order granting ad interim relief, provided the respondent is granted the right to move, on two days notice, to dissolve or modify said order. Ad interim relief can include an Order which requires, among other things, that the respondent sell designated product(s) to the petitioner upon terms as specified by the Director.
(c) Upon return of the order to show cause, the Director may grant interlocutory relief if it appears that a substantial question of law or fact has been raised and that the petitioner will probably suffer substantial and irreparable injury without such relief before final determination of the proceeding.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 18 - PETITION PROCEEDINGS; DISCRIMINATION AGAINST WHOLESALERS › Section 13:2-18.5 - Enforcement of Director's orders

Current through Register Vol. 56, No. 14, July 15, 2024
All persons whether licensees or non-licensees, shall comply with the terms of any final, interlocutory or other order entered in these proceedings. In the event a respondent fails to comply with the terms of such order, the Director may, in addition to any penalty provided by law, enter an order prohibiting any licensed wholesaler from purchasing, directly or indirectly, any alcoholic beverage other than malt alcoholic beverages of such respondent until the Director finds that there has been compliance therewith.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 18 - PETITION PROCEEDINGS; DISCRIMINATION AGAINST WHOLESALERS › Section 13:2-18.6 - Jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the filing of the Verified Petition and answer, the Director shall determine whether the case is contested. If the case is determined to be contested, the Director shall either file it with the Office of Administrative Law pursuant to N.J.A.C. 1:1-8 or retain it under the provisions of 52:14F-8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 18 - PETITION PROCEEDINGS; DISCRIMINATION AGAINST WHOLESALERS › Section 13:2-18.7 - Public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
All proceedings shall be heard at a location designated by the Division of Alcoholic Beverage Control or by the Office of Administrative Law, whichever agency is hearing the case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 18 - PETITION PROCEEDINGS; DISCRIMINATION AGAINST WHOLESALERS › Section 13:2-18.8 - Hearing procedure

Current through Register Vol. 56, No. 14, July 15, 2024
Upon determination that the matter is a contested case, the Uniform Administrative Procedure Rules of Practice (N.J.A.C. 1:1) shall govern its conduct.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.1 - Commencement of disciplinary proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disciplinary proceedings shall be commenced upon the service of a Notice of Charges on the licensee, permittee, brand registrant or other party (hereinafter, "licensee"). For purposes of this subchapter, licenses, permits and registrations will hereinafter be described as licenses.
(b) Service shall be made in person; or by certified mail, return receipt requested and ordinary mail.
(c) Service shall be made upon any of the following: the individual licensee, the agent designated to accept service on the most recent license application or amendment thereto or any officer, director, shareholder, member or partner of the licensee. If none of these individuals are available at the licensed premises, then service may be made on any employee. Mail service shall be made upon any individual listed above using the address that is shown for that individual on the most recent license application or amendment thereto.
(d) Service by mail shall be complete upon mailing.
(e) If a certification of service of the charges is required, it shall be sufficient if the Division describes the date of mailing, the modes of service and that the mailing was to the last known address as set forth by the licensee in its last-filed license renewal application or amendment thereto.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.2 - Contents of Notice of Charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Notice of Charges shall include the following:
1. A list of each of the charges against the licensee;
2. A statement that each charge shall constitute an individual and separate violation and the penalty for each charge, as set forth in the Penalty Schedule in 13:2-19.11(i), shall be listed separately;
i. If the penalty sought is revocation, the licensee shall be notified of the personal disqualification penalty, as set forth in 13:2-19.10, and whether the Division seeks to have the premises barred from licensure for two years, pursuant to 33:1-31;
ii. If the premises is not owned by the licensee and the Division seeks to bar licensure of the premises for two years, pursuant to 33:1-31, the owner of the premises shall also be notified in the manner set forth in 13:2-19.1(b);
3. Notice that the licensee has 30 days from the date of service of the Notice of Charges to enter a plea of guilty, not guilty or non vult to the charges;
i. Notice that, if the licensee fails to enter a timely plea, it shall be deemed to have pled non vult to the charges. Thereafter, the Director may impose upon the licensee the penalty or penalties stated in the Notice of Charges, without further notice;
ii. Notice that, if the licensee pleads guilty or non vult to the charges, it shall have the opportunity to present mitigating circumstances to the Director;
iii. Notice that the licensee may petition the Director to accept a monetary offer in compromise in lieu of all or part of the penalty or penalties stated in the Notice of Charges, as provided in 33:1-31; and
4. Advice of the licensee's right to representation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.3 - Pleading procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of service of the Notice of Charges on the licensee, the licensee shall enter a plea of guilty, not guilty or non vult to the charges.
(b) If the licensee enters a plea of guilty or non vult, the charges shall be deemed sustained, but the licensee shall have the opportunity:
1. To petition the Director to accept a monetary offer in compromise in lieu of all or part of the penalty or penalties (suspensions only) stated in the Notice of Charges, as provided in 33:1-31; and
2. To demonstrate mitigating circumstances, either by written statement or, in the sole discretion of the Director, by oral statement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.4 - Emergent hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an alleged action of a licensee presents a danger which is an immediate threat to the public health, safety or welfare and contrary to the interest of the community, the Director may, upon request of the Division, issue an Order for Emergent Hearing. The Order shall either provide a plenary hearing on the charges pursuant to (b) below or provide a hearing concerning the imposition of conditions pending a plenary hearing pursuant to (c) below.
1. The hearing date shall be not less than five days from the date of service upon the licensee of the Order for Emergent Hearing. Service shall be made in the same manner set forth in 13:2-19.1(b).
2. In the Order for Emergent Hearing, the Director may impose such conditions to be in effect until the hearing date, as the Director, in the Director's sole discretion, deems necessary to protect the public health, safety and welfare.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.5 - License or permit subject to disciplinary proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
Disciplinary proceedings against a license or permit shall not be barred or abated because of the expiration, transfer, surrender, renewal or extension of the license or permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.6 - Suspension, cancellation or revocation

Current through Register Vol. 56, No. 14, July 15, 2024
Any license or permit may be suspended, cancelled or revoked for proper cause, notwithstanding that such cause arose prior to a subsequent transfer or extension of the license, or arose during a prior license term of a license held by the licensee or his predecessor in interest or arose during the term of a prior permit held by the permittee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.7 - Pending proceedings; effect upon license or permit

Current through Register Vol. 56, No. 14, July 15, 2024
When disciplinary proceedings are instituted and the license is transferred, extended or renewed, or a permit is extended or renewed during the pendency thereof, such proceedings shall be carried through to completion. Any order of suspension, cancellation or revocation therein shall apply without further proceedings to the transferred, extended or renewed license or permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.8 - Expiration or surrender of license; pending proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
Where a license expires or is surrendered and another license is issued or transferred to another person for the licensed premises subject to pending disciplinary proceedings, the premises shall continue to be subject to any order made in the disciplinary proceedings declaring the premises ineligible to become the subject of a license under 33:1-31.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.9 - Suspended license; transfers or extensions

Current through Register Vol. 56, No. 14, July 15, 2024
When any license has been suspended, such suspension shall continue in full force and effect notwithstanding any transfer or extension of the license during the period of suspension.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.10 - Revoked license: licensee inability to work; transfer prior to revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A revocation shall render the licensee and the officers, directors and each owner, directly or indirectly, of more than 10 percent of the stock of a corporate licensee ineligible to hold or receive any other license, of any kind or class, or work, in any capacity, in any licensed premises, for a period of two years from the effective date of such revocation. A second revocation shall render the licensee and the officers, directors and each owner, directly or indirectly, of more than 10 percent of the stock of a corporate licensee ineligible to hold or receive any such license, or work, in any capacity, in any licensed premises, at any time thereafter.
(b) In the event that a license is transferred to another person or entity or a change in corporate structure has occurred, prior to the time that a license has been revoked, the Director shall review the facts of the revocation proceedings. The Director shall thereafter determine whether the holders or owners (either direct or indirect) of the license at the time the violation(s) occurred, at the time the license was revoked, or any interim times, either allowed, permitted or suffered the unlawful conduct or should have known the effects of a license revocation or should otherwise be subject to statutory disqualification. Thereafter, the Director may order that any or all of such holders and owners be statutorily disqualified, pursuant to the terms of 33:1-31 and (a) above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.12 - Offers in compromise of suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director may, in the Director's sole discretion, accept offers in compromise for all or part of a suspension. These offers may be monetary, pursuant to 33:1-31, or may involve deferring some of the days of suspension. The Director is under no obligation to accept an offer in compromise and shall make this decision based on what the Director determines to be reasonable and proper under the circumstances of the case.
(b) In cases being prosecuted by the Division, a licensee proposing that the Director accept an offer in compromise shall submit any such proposal to the Director, in writing, setting forth the reasons why the offer should be accepted. The Director will not consider an offer in compromise in any case being prosecuted by the Division after an Initial Decision is issued by the Office of Administrative Law, except under extraordinary circumstances. However, if the license is transferred and the current licensee had no interest in the license at the time that the violations in question were charged, the current licensee may apply to the Director for relaxation of this regulation pursuant to 13:2-9.1.
(c) In municipal cases involving an application to the Director for a monetary offer in compromise, the licensee shall file a Notice of Appeal, with notice to the municipality, setting forth the reasons why the offer should be accepted. Rules governing the Notice of Appeal are set forth in N.J.A.C. 13:2-17.
(d) If a licensee proposes that the Director accept a monetary offer in compromise, the licensee shall submit any documentation the Director requests, including, but not limited to, income tax returns or other financial reports.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.13 - Increase or decrease of penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The penalties set forth in the penalty schedule, at 13:2-19.11(i), may be increased or decreased based upon a finding by the Director of aggravating or mitigating circumstances.
(b) Some of the factors that the Director may consider to decrease a penalty are: previous history of compliance, good faith efforts to prevent a violation and extraordinary cooperation in the investigation demonstrating that the licensee is acting responsibly. Some of the factors the Director may consider to increase a penalty are: prior warnings or violations about compliance problems, efforts to conceal violations, age of customers and that the incident that gave rise to the violation resulted in death or substantial injury. These factors are provided as examples only and are not to be considered all inclusive.
(c) In addition, if death or serious injury occurred as a result of the incident that gave rise to the violation, the Director may revoke the license, even if it is a first violation. The licensee has the burden of demonstrating mitigating circumstances.
(d) In determining to increase or decrease the penalty or penalties set forth in the penalty schedule, the Director shall state in writing specific reasons for determining the penalty or penalties actually imposed.
(e) In instances where a licensee fails to comply with a request for documents and/or testimony, the Director may indefinitely suspend the license until such time as the licensee complies, in addition to any other penalty for hindering an investigation.