reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.11 - Consumption of alcoholic beverages and possession of open containers prohibited upon retail distribution licensee's premises; exception

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No retail distribution licensee shall allow, permit or suffer any alcoholic beverage to be consumed in or upon the licensed premises nor shall such licensee possess or allow, permit or suffer any open containers of alcoholic beverage in or upon the licensed premises.
(b) Nothing in this provision shall prohibit opened bottles of alcoholic beverages returned by a customer as allegedly defective from being possessed by such licensee pending return to the manufacturer or wholesaler; provided the container is immediately resealed and labeled with the name and address of the customer and the date of return by the customer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.12 - Receiving alcoholic beverages from prohibited source

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No retail licensee shall purchase or obtain any alcoholic beverage except from the holder of a New Jersey manufacturer's or wholesaler's license or pursuant to a special permit first obtained from the Director.
(b) The purchase of alcoholic beverages by one retailer from another and sale of alcoholic beverages by one retailer to another are prohibited; provided, however, that the passage of title in any alcoholic beverages from transferor to transferee of a license may be authorized by special permit obtained from the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.13 - Maintaining copies of current license certificate; application; list of employees on the licensed premises

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee holding a Class C license shall conduct the licensed business unless:
1. The current license certificate is at all times conspicuously displayed on the retail licensed premises in such plain view as to be easily read by all persons visiting such premises, with Permit for Off-Premises Storage of Business Records sticker affixed, if applicable;
2. A photostatic or other true copy of the application for the current license as well as the last filed long-form application (if current application is the short form), is kept on the licensed premises; and
3. A list, on a form prescribed by the Director, containing the names and addresses of, and required information with respect to, all persons currently employed on retail licensed premises, is kept on the licensed premises. A licensee shall be deemed to have complied with this requirement if this information is contained in a computer system, accessible from the licensed premises, and the information can be immediately produced.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.14 - Prohibition against indecent matter upon licensed premises

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall allow, permit or suffer in or upon the licensed premises or have in his possession or distribute or cause to be distributed any obscene, indecent, filthy, lewd, lascivious or disgusting recording, printing, writing, picture or other matter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.15 - Possession of container mislabeled as to fill prohibited; exception

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall knowingly display, sell, or deliver any alcoholic beverage in an original container having a content of fill less than that stated on the container or label thereof, subject to such tolerance as permitted by Federal law and regulation; and no licensee shall possess such a container except for the sole purpose of return for credit or replacement consistent with
13:2-23.11
and
39.1
.
(b) No licensee shall knowingly display, sell, or deliver any alcoholic beverage in an original container that has been married with another bottle of the same brand. "Marrying" is the industry practice that generally consists of pouring the contents of a larger bottle of alcohol, into a smaller bottle of the same alcohol.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.16 - Prohibited promotions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for consumer alcoholic beverage tasting events conducted in accordance with N.J.A.C. 13:2-37, and promotions permitted in this section, no licensee, permittee or brand registrant shall, directly or indirectly, allow, permit or suffer any practice or promotion that:
1. Offers unlimited availability of any alcoholic beverage for consumption on a licensed premises, for a set price, except for:
i. Private parties, not sponsored by the licensee, such as wedding and birthday parties, and events held by social affair permittees; or
ii. New Year's Eve parties sponsored by a licensee where a set price for attendance includes an open bar;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.17 - Restriction upon limited retail distribution licensee possessing chilled malt alcoholic beverages

Current through Register Vol. 56, No. 14, July 15, 2024
No limited retail distribution licensee shall possess or allow, permit or suffer any chilled malt alcoholic beverages other than chilled draught malt alcoholic beverages in kegs, barrels or similar containers of at least 7.75 fluid gallons in capacity, in or upon the licensed premises.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.18 - Solicitation prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
No plenary or seasonal retail consumption licensee shall allow, permit or suffer any person employed on the licensed premises to solicit any beverage, alcoholic or otherwise, at the expense of or as a gift from any customer or patron.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.19 - Prohibition against offering substitute beverages; exception

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee privileged to sell alcoholic beverages for consumption on the licensed premises shall serve or allow, permit, or suffer the service of any alcoholic beverage other than ordered or substitute a nonalcoholic beverage when an alcoholic beverage has been ordered, unless agreed to by the customer.
(b) No licensee privileged to sell alcoholic beverages for consumption on the licensed premises shall serve or allow, permit, or suffer the service of any alcoholic brand other than ordered or substitute a different brand when a certain brand of alcoholic beverage has been ordered, unless agreed to by the customer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.20 - Intoxicated workers prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall work in any capacity in or upon the licensed premises while actually or apparently intoxicated, or allow, permit or suffer any actually or apparently intoxicated person to work in any capacity in or upon the licensed premises.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.21 - Restrictions upon storage of alcoholic beverages

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall store any alcoholic beverage except at his licensed premises, or at a public warehouse licensed under the alcoholic beverage law, or at other premises pursuant to special permit first obtained from the Director. Nothing herein shall prohibit the storage of alcoholic beverages by a licensee upon the formerly licensed premises for a period not exceeding five days after the effective date of the transfer of the license to other premises or for a period not to exceed 72 hours following delivery at the licensed premises of alcoholic beverages purchased, as part of a cooperative order by a fellow member of a cooperative purchasing agreement made pursuant to N.J.A.C. 13:2-26.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.22 - Requirement for labeled tap markers; provision for electronic systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee privileged to sell alcoholic beverages for consumption on the licensed premises shall allow, permit or suffer any tap on the licensed premises to be connected with any barrel or other container of a malt alcoholic beverage unless such tap bears a marker which truly indicates the name or brand of the manufacturer of such malt alcoholic beverage, and unless such name or brand is in full view of the purchaser when the tap is located at a bar at which consumers are served.
(b) On premises where either an electronic or automatic system is being used, which provides for the dispensing of distilled alcoholic beverages in a barroom, and the label on the container from which the beverage is drawn is not visible to a consumer at the bar, then some alternate device must be used to indicate to the consumer the brand being dispensed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.23 - Requirements concerning labels; tax payment indicia

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No retail licensee shall possess, have custody of, or allow, permit or suffer in or upon the licensed premises any alcoholic beverage manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, possessed or transported in violation of the alcoholic beverage law, or any alcoholic beverage in any keg, barrel, can, bottle, flask or similar container which:
1. Does not bear any label describing its contents; or
2. Bears a label which does not truly describe its contents; or
3. Does not bear any indicia of tax payment as required by the laws of the United States.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.24 - Restrictions upon placing of orders

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall place any order within this State for the purchase of any alcoholic beverage or allow, permit or suffer any of his employees to place any order for the purchase of any alcoholic beverage, with any individual soliciting in violation of N.J.A.C. 13:2-16.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.25 - Restrictions upon retail/manufacturer or wholesaler relationships

Current through Register Vol. 56, No. 14, July 15, 2024
No retail licensee shall employ or have connected with him in any business capacity whatsoever any person interested, directly or indirectly, in the manufacturing or wholesaling of any alcoholic beverage within or without this State, nor shall any retail licensee be employed by or connected in any business capacity whatsoever with any person interested, directly or indirectly, in the manufacturing or wholesaling of any alcoholic beverage within or without this State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.26 - Fingerprinting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall employ or have connected with him in any business capacity whatsoever any person who refuses to submit himself for fingerprinting when required to do so by the Director or the municipal license issuing authority concerned.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.27 - Prohibited activities during license suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee, during the suspension of license, shall:
1. Allow, permit, or suffer the sale, service, delivery or consumption of any alcoholic beverage, or any other alcoholic beverage activity in or upon the licensed premises, except the storage of alcoholic beverages on hand or (with the permission of the Director) the return of alcoholic beverages to wholesalers or manufacturers; or
2. Deliver any alcoholic beverage to any consumer; or
3. Receive delivery of any alcoholic beverage at the licensed premises; or
4. Advertise that the licensed premises is closed or the licensed business stopped because of repairs or alterations or for any reason other than the suspension.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.28 - Standard of liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise specified by statute or rule, a licensee is guilty of a violation of the Alcoholic Beverage Control Act if it allows, permits or suffers the violative act on or about its licensed premises.
(b) When knowledge is required to establish a violation of the Alcoholic Beverage Control Act, knowledge is established if:
1. The licensee itself committed the violative act;
2. The licensee had actual knowledge or was on notice that the violative activity was taking place, or about to take place, on or about the licensed premises; or
3. The licensee could have discovered violative activity was taking place, or about to take place, on or about the licensed premises through reasonable inquiry and had notice of circumstances which gave rise to a duty to inquire regarding same.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.29 - Detention of evidence; search of licensed premises

Current through Register Vol. 56, No. 14, July 15, 2024
By the acceptance of the license, the licensee consents to the detention, as and for evidence, of any physical matter, including alcoholic beverages, found on the licensed premises or during the course of any investigation, inspection or search of the licensed premises being conducted by the Director, the Director's deputies, inspectors or investigators or 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 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.30 - Prohibition against hindering an investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every license and every person with an ownership interest therein and every director, officer, agent and employee of every licensee shall facilitate any investigation or inspection of the licensed premises conducted by, or on behalf of the Division, or other issuing authority. The failure of any of the foregoing persons or entities, either directly or indirectly, to answer any question, to produce any document in the time, place and manner requested or to facilitate in any way whatsoever the inspection of the licensed business or premises shall constitute a violation of this section.
(b) A refusal by any licensee, or any of the persons identified in (a) above, to comply with an investigatory subpoena or request combined with a prompt legal challenge thereto shall constitute a defense if the refusal and legal challenge are based upon a legally cognizable privilege or claim for which the licensee has an objectively reasonable basis to believe applies to its circumstances, as determined by the Director or a court of law with competent jurisdiction. A legal challenge to an investigatory subpoena shall be prompt if a motion to quash the subpoena is filed with either the Director or a court of law before the return date of the subpoena.
(c) Every person identified in (a) above shall accept service of any investigatory request, including requests for documents or testimony or subpoena issued by the Director. If service of an investigatory request cannot be made due to the refusal of the licensee or any such person identified in (a) above to accept service of same, the licensee may be considered in violation of 33:1-35 and 13:2-23.30.
(d) No licensee, permittee or any shareholder, partner or other person having an interest in a license or permit shall refuse to submit to fingerprinting when so required by the Director or the local issuing authority.
(e) No licensee, permittee or any shareholder, partner or other person having an interest in a license or permit shall refuse to submit full disclosure in a financial investigation, including but not limited to all savings, checking, or other bank or financial accounts held by or for such person or entity individually, jointly, or in trust (for himself, herself or another person or entity), when so required by the Director or the local issuing authority.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.31 - Law enforcement officers; ownership prohibition; employment restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No license shall be held by any regular police officer, any peace officer or any other person whose powers or duties include the enforcement of the alcoholic beverage law or regulations, or by any profit corporation or association in which any such officer or person is interested, directly or indirectly.
(b) No licensee shall employ or have connected with him in any business capacity whatsoever any such officer or person, except that:
1. Nothing herein shall prohibit a licensee from employing in a non-managerial capacity a special law enforcement officer; and
2. A licensee, upon prior written application to and written approval by the Director, may employ a regular police officer, peace officer or other person whose powers and duties include the enforcement of the Alcoholic Beverage Law (other than an officer employed by the Division of State Police) provided that such officer shall not be employed in a jurisdiction in which the officer is officially employed and further provided:
i. Written application pursuant to (b)2 above shall include prior written approval of such employment by the chief law enforcement officer of the jurisdiction which employs said officer or person and proof that written notice of the application has been provided to the chief law enforcement officer of the jurisdiction where the licensee is located.
ii. In the case of the chief law enforcement officer seeking such employment, the prior written approval must be from the chief executive officer of the governing body of the jurisdiction which employs said chief officer;
iii. A police officer so employed shall not, while engaged in the selling, serving, possessing or delivering of any alcoholic beverages;
(1) Have in his or her possession any firearm; or
(2) Wear or display any uniform, badge or insignia which would identify him or her as a police officer; and
iv. No police officer so employed shall be permitted to work in excess of 24 hours a week in any such establishment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.32 - Records to be maintained on the licensed premises; other required records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless a licensee has obtained a permit for the off-premises storage of certain records, pursuant to 13:2-29.4, each licensee holding a Class C license must keep and maintain the following documents and records on its licensed premises:
1. The current license certificate;
2. A copy of the current license application with any amendments filed, if applicable, together with a copy of the last long-form retail licensee application filed by the licensee;
3. A fully completed up-to-date list of all persons currently working on the licensed premises (commonly known as Form E-141A);
4. The current Federal special tax stamp, or proof of proper filing for such annual stamp;
5. Copies of all delivery slips, invoices or similar documents for such transactions made within the past year;
6. Records of transactions with or placements by a registered display service, including records regarding product displays provided by any manufacturer, supplier, wholesaler or third parties pursuant to 13:2-24.2(b), including the following information:
i. The name, address and license number of the manufacturer, supplier, wholesaler or third party providing the display and items(s);
ii. The date furnished and anticipated removal date of the display;
iii. Description of the display item and evidence of its cost, such as an invoice or receipt; and
iv. The name and address of the winner of display item after sweepstakes; such winner must not be a relative or employee of retailer;
7. New Jersey Sales Tax Certificate of Authority; and
8. Records set forth in (b) and (c) below.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES › Section 13:2-23.33 - Dishonored checks; unpaid fees

Current through Register Vol. 56, No. 14, July 15, 2024
If a check submitted by a licensee, permittee or applicant is returned unpaid to the Division or other issuing authority or if all or any portion of any fee required is unpaid, the licensee, permittee or applicant shall be subject to disciplinary action or denial of current and future applications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.1 - Discrimination in terms of sale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to promote competition while preserving an orderly marketplace, including, but not limited to, the prevention of destructive price wars, and to promote practices that foster moderation and responsibility in the use and consumption of alcoholic beverages.
(b) For purposes of this subchapter:
1. A discount is an inducement or allowance to purchase a product which is reflected on the wholesaler's invoice at the time the sale of the subject alcoholic beverages to a retailer is completed. A discount is reflected in the cost of the product on which it is given, as it relates to the retailer's sale price for purposes of 13:2-24.8. Discounts may include quantity discounts;
2. A rebate is an inducement or allowance to purchase a product which is not reflected on the wholesaler's invoice at the time the sale of the subject alcoholic beverages to a retailer is completed, but which is payable no less than 30 days and no more than 90 days after the payment for the product on which it is given. A rebate is not reflected in the cost of the product on which it is given, as it relates to the retailer's sale price for purposes of N.J.A.C. 13:2-24.8; and
3. A retail incentive program (RIP) is a form of rebate in which a wholesaler provides a financial incentive to a retailer to purchase a specific quantity of alcoholic beverages in one purchase transaction and places no other obligation on the retailer. A purchase transaction is a single order and a single delivery of a specific quantity of a specific alcoholic beverage or combination of beverages, as reflected on a single wholesaler's invoice. More specific requirements for this type of rebate are set forth in (e) below.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.2 - Discrimination in services, facilities or equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as may otherwise be authorized by this subchapter, no manufacturer, supplier, importer, brand registrant, wholesaler or distributor privileged to engage in the commerce of any alcoholic beverage into or within this State shall, directly or indirectly, in any connection whatsoever with the sale, purchase, distribution or marketing of alcoholic beverages in this State, sell, pay, grant, provide, receive or accept anything of value:
1. As a commission, brokerage fee or other compensation, or any allowance or discount in lieu thereof, except for the reasonable value of services actually rendered, and as to the sale, purchase or distribution of alcoholic beverages, and only to a permittee, licensee or registrant of this State; or
2. As, or for services, facilities or equipment, unless the same is available on proportionally equal terms to all other customers or accounts competing in the distribution of the connected alcoholic beverage product(s), except that no service, facility or equipment may be offered to a retail licensee which, directly or indirectly, requires the future purchase or an agreement to make a future purchase of any alcoholic beverages.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.3 - Restraint of trade

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee or registrant privileged to sell or distribute alcoholic beverages within this State shall contract, combine in the form of trust or otherwise, or conspire in restraint of trade or commerce in alcoholic beverages.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.4 - Regulation of wholesaler credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Credit terms established by an individual wholesaler shall be offered equally to the entire retail trade unless different terms to individual retail accounts are justified by the financial or credit history or risk of the particular accounts.
1. The maximum period for which credit may be extended in sales made to retailers is 30 days from the date of delivery in the case of all sales of any type of alcoholic beverage.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.5 - Supplier pricing and marketing information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every manufacturer, supplier, winery, brewer, importer, blender or rectifier intending to sell alcoholic beverages to wholesalers or distributors within this State shall:
1. For a period of three years maintain on its licensed premises or other principal place of business made known to the Division in a readily retrievable fashion pursuant to N.J.A.C. 13:2-29:
i. A "Historical Price List", which shall contain the prices at which all products by brand, type, proof, age and size were offered for sale to the trade, inclusive of all discounts, allowances or differentials; and
ii. A "Marketing Manual", which shall contain, by category, on a chronological basis, all services, facilities, equipment, advertising and promotional items and programs offered to the trade or consumers; and
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.7 - Marketing initiatives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the foregoing provisions of this subchapter, a licensed manufacturer, supplier, importer, wholesaler or distributor may furnish or provide advertising or promotional materials to any retail licensee. Such licensees may provide product samples to retailers and make donations of alcoholic beverages to qualified industry trade organizations and bona fide charitable organizations, only within the terms and conditions of a special permit first obtained from the Director, issued upon a petition establishing and defining its need and use and verifying that all taxes have been paid.
(b) Manufacturers, suppliers, wholesalers or third parties at their direction, may supply retailers with point of sale and consumer novelty items, for advertising purposes, with the following limitations:
1. Supplied items shall be nominal in value, including, but not limited to, napkins, coasters, T-shirts, golf balls and similar items;
2. Provision of such items to retailers may not be conditional upon any purchase by the retailer; and
3. The items shall be brand identified for advertising purposes and intended for use by the retailer and/or distribution to consumers to advertise products or promote brand recognition.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.8 - Sales below cost; prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding other provisions of this subchapter, no wholesaler distributor or other licensee, privileged to sell to retailers, and no retail licensee, shall offer to sell or sell alcoholic beverages at a price below "cost" except for authorized samples and donations pursuant to 13:2-24.7, or upon petition to and approved by the Director, pursuant to a bona fide "close out" sale.
(b) "Cost" is defined as the actual proportionate invoice price and freight charge to a distributor or wholesaler and the actual proportionate invoice price to a retailer, as the case may be, of any given container of an alcoholic beverage product, plus applicable State and Federal taxes. The actual invoice price shall be determined by the "last-in-first-out" method applying generally accepted accounting principles.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.9 - Combination and tied sales

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall sell or offer to sell any alcoholic beverage product upon terms that permit purchase of that product, by size and price, only when purchased in conjunction with a different product or the same product in a different size.
(b) Subject to the provisions of 33:1-12, the holder of a Class C license, notwithstanding a local ordinance to the contrary, may sell alcoholic beverages in combination with packaged holiday merchandise prepackaged as a unit with other suitable objects as gift items to be sold only as a unit.
(c) The holder of a Class A or B license authorized to sell to retailers, may sell any combination of distilled spirits, malt alcoholic beverages and wine, provided that the combined products offered for sale are all within one of the three noted categories.
(d) The holder of a Class C license, or the holder of any Class A or B license which has the privilege to sell at retail, may sell at retail, may sell, at retail, any combination of alcoholic beverages with or without any other suitable objects provided that such sale is in accordance with the license's privileges and that the combination sale shall not be offered at a price below cost as defined by 13:2-24.8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.10 - Advertising and consumer protection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No manufacturer, importer, registrant, wholesaler, distributor or retailer shall include in any advertising material or in any advertisement, directly or indirectly, any statement, illustration, design, device, name, symbol, sign or representation that:
1. Is false or misleading;
2. Is obscene or lewd;
3. Contains the name of or depiction of any biblical character or religious character or symbol;
4. Portrays a minor or child or items or symbols which are generally associated with children or which tends to induce minors to purchase alcoholic beverages;
5. Tends to create or give the impression that the use of an alcoholic beverage has curative or therapeutic effects or enhances athletic prowess;
6. Offers an alcoholic beverage product for sale to consumers which is not immediately available in reasonable supply at the price, size and age specified, unless advertised at a stated limited quantity;
7. Is in violation of any other provisions of the Alcoholic Beverage Control Act; or
8. Offers alcoholic beverage pricing information in affiliation with other non-identically owned licensees in a communication which fails to truthfully disclose and prominently indicate;
i. The identity of the individual licensee who established the pricing information; and
ii. That the specific prices and products featured may not be available at all businesses represented or indicated as being affiliated.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.11 - Manufacturers' rebates and coupons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the provisions of this section, a manufacturer, distiller, blender and rectifier, brewer, vintner, or any importer may offer mail-in rebates or refunds of a portion of the purchase price of alcoholic beverages directly to consumers.
1. No such rebate may be for more than the full amount of the retail purchase price of the alcoholic beverage. In addition, the reimbursement of first-class postage to the consumer for the cost of mailing in the rebate offer for redemption is permitted.
2. Any such rebate offer shall require a form, with all the terms and conditions of the rebate offer clearly stated thereon, to be completed and mailed by a consumer who must be of legal age to purchase alcoholic beverages. A proof-of-purchase may also be required to be submitted with the form. Such forms shall be distributed to consumers via advertisements in newspapers, magazines, circulars of general distribution, or internet site; by general address mailings; by point-of-sale tear-off pads on retail licensed premises; or by neck-hangers or other attachments on bottles or packaging or other similar means of distribution; provided that such pads, neck-hangers, or other attachments or other similar means of distribution shall be non-discriminatorily distributed to licensees within a targeted advertising area.
3. Any rebate offered in accordance with this section shall be mailed to the consumer completing the form at the address shown thereon in the form of cash or check only.
4. At least 10 days prior to the commencement of any rebate promotion offered in accordance with this section, the manufacturer, distiller, blender and rectifier, brewer, vintner, or importer making such rebate offer shall file in duplicate with the Director of the Division of Alcoholic Beverage Control a statement setting forth all terms and conditions of the rebate offer, including, but not limited to, the amount of rebate, any proof-of-purchase requirement, the effective dates of the offer, the marketing area in which the offer will be promoted, how the offer will be advertised to the public and the name and address of any clearinghouse retained to process rebates. A facsimile or copy of the rebate offer form shall also be filed in duplicate. The Division shall promptly be notified of any change in the terms of a rebate offer prior to such changes taking place.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING › Section 13:2-24.12 - Display services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee, permittee, or registrant privileged to engage in the commerce of alcoholic beverages in this State shall, directly or indirectly, furnish to, provide payment for, receive or accept anything of value from, or otherwise utilize in any manner whatsoever, any display service unless such service has registered with the Division in a form prescribed by the Director. Such registration shall include:
1. The name and address of the display service and all officers, directors, partners, stockholders and/or employees thereof unless a publicly traded corporation, in which case only officers, directors and stockholders having at least one percent interest need be furnished;
2. An affidavit or certification that no person listed in (a) above would be disqualified from having an interest in an alcoholic beverage license in this State;
3. Copies of all existing display service agreements with licensees, permittees, registrants, suppliers, importers, manufacturers or cooperatives doing business in the State of New Jersey; and
4. The issuance of a registration acknowledgement, which shall be renewable on May 1 of each year.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 25 - DIVERSION, TRANSSHIPMENT AND REGISTERED DISTRIBUTION › Section 13:2-25.1 - Plenary and wine wholesalers: Delivery from warehouse inventory

Current through Register Vol. 56, No. 14, July 15, 2024
No plenary wholesale licensee or wine wholesale licensee shall deliver alcoholic beverages to a licensed retailer other than from inventory in a warehouse located in New Jersey and operated under a plenary wholesale license or a wine wholesale license. Such "inventory" shall be deemed to include only alcoholic beverages which shall have been stored in such warehouse for at least a period of 24 continuous hours.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 25 - DIVERSION, TRANSSHIPMENT AND REGISTERED DISTRIBUTION › Section 13:2-25.2 - Registered distribution

Current through Register Vol. 56, No. 14, July 15, 2024
No plenary wholesale, wine wholesale or limited wholesale licensee shall sell or deliver any brand of alcoholic beverage intended for resale in this State unless the alcoholic beverage is acquired from the brand owner, or his authorized agent, or a wholesale licensee designated as a New Jersey registered distributor by the brand owner or his authorized agent pursuant to N.J.A.C. 13:2-33.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 25 - DIVERSION, TRANSSHIPMENT AND REGISTERED DISTRIBUTION › Section 13:2-25.3 - State beverage distributor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No State beverage distributor shall sell or deliver to any retailer or consumer malt alcoholic beverages other than from inventory in a warehouse or salesroom located in New Jersey and operated under a State beverage distributor's license. Such "inventory" shall be deemed to include only malt alcoholic beverages which shall have been stored in such warehouse for at least a period of 24 continuous hours.
(b) No State beverage distributor shall sell or deliver any brand of alcoholic beverage intended for resale in this State unless the alcoholic beverage is acquired from the brand owner or his authorized agent, or a New Jersey distributor designated by the brand owner or his authorized agent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 26 - RETAIL COOPERATIVE PURCHASES › Section 13:2-26.1 - Restrictions on cooperative purchases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Class C retail licensee, as defined in 33:1-12, may join with another Class C licensee in a cooperative agreement for the purchase and transportation of alcoholic beverages, provided that such agreement and activity shall conform to the following standards:
1. The cooperative may hire employee(s) to act in an administrative or management capacity for the cooperative's purchase, storage and transportation of alcoholic beverages, provided:
i. The employee meets with the qualification requirements of 33:1-25 and 13:2-14.5;
ii. The employee applies for and receives a permit from the Director of the Division of Alcoholic Beverage Control upon a format prescribed by the Director; and
iii. The employee has no ownership of, employment with or financial interest in a Class A, B or C license;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 27 - LABELING AND STANDARDS OF FILL; DEPOSIT MARKED CONTAINERS › Section 13:2-27.1 - Adoption of Federal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following Federal regulations relating to labeling and standards of fill concerning distilled spirits, wine and malt alcoholic beverages packaged for shipment in interstate or foreign commerce, are incorporated herein by reference, and shall also apply to alcoholic beverages packaged purely for intrastate shipment within New Jersey:
1.
										§ 205(e) of the Federal Administration Act, regarding the labeling of alcoholic beverages, 27 U.S.C. § 8;
2.27 CFR Part 4, Labeling and advertising of wine;
3.27 CFR Part 5, Labeling and advertising of distilled spirits;
4.27 CFR Part 7, Labeling and advertising of malt beverages;
5.27 CFR Part 13, Labeling procedures; and
6.27 CFR Part 16, Alcoholic beverage health warning statement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 27 - LABELING AND STANDARDS OF FILL; DEPOSIT MARKED CONTAINERS › Section 13:2-27.2 - Deposit marked containers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No manufacturer, supplier, importer, brand registrant, wholesale or retail licensee or permittee shall sell, distribute or market for resale to a consumer in New Jersey or purchase for resale to a consumer in New Jersey any malt alcoholic beverage product, except for malt coolers, packaged in a bottle or can marked for deposit of another state.
(b) The provisions of (a) above shall not apply where an application is received from the brand registrant or its authorized agent of a malt alcoholic beverage which is accompanied by a certification from an appropriate officer that the total of all shipments from the brewery of malt alcoholic beverages for the past full or part calendar year in New Jersey did not exceed 3,000 barrels of 31 fluid gallons capacity or their container equivalent. False or misleading certifications shall be punishable by suspension or revocation of all brand registrations filed by the brewery or its authorized agent.
(c) For the purposes of (a) above, "malt coolers" shall be defined as a flavored malt beverage made from a base of malt beverage and flavored with fruit juices, aromatics, essences, or other flavoring in quantities and proportions such that the resulting product possesses a character and flavor distinctive from the base malt beverages and distinguishable from other malt beverages and is generally considered a "malt cooler" product.
(d) When the Director, after providing notice and an opportunity to be heard, determines that, for an otherwise exempt product, the purposes for lifting the prohibition of selling alcoholic beverage containers marked for deposit of another state are no longer being served, the Director shall prohibit the sale, distribution or marketing for resale or purchase for resale to a consumer in New Jersey, of that product when packaged in a container marked for deposit of another state. The Director's determination shall be based upon a finding of evidence of transshipping, economic hardship caused to licensed wholesalers, degradation of tax revenues, violation of the primary source law, or for other good cause.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 29 - RECORDS › Section 13:2-29.1 - Public records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following enumerated records required to be maintained by law or other regulation by the Director shall constitute public records of the Division:
1. All license or permit applications filed with the Director, subject to nondisclosure of information protected by Federal or State law;
2. All filed administrative disciplinary charges, transcripts of Division disciplinary hearings, Office of Administrative Law initial decisions and reports and recommendations, and Conclusions and Orders of the Director;
3. All filed administrative appeal pleadings, transcripts of Division appeal hearings, Office of Administrative Law initial decisions and reports and recommendations, and Conclusions and Orders of the Director;
4. All Ordinances or Resolutions of local issuing authorities that may be filed with the Division;
5. All product information and other filings required to be made by licensees and permittees by law or regulation; and
6. All records, pleadings, documents and orders, exclusive of investigative reports, pertaining to duly instituted seizure proceedings, pocket license applications and tax revocation proceedings.