reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.6 - Applicants for renewal of municipal licenses

Current through Register Vol. 56, No. 14, July 15, 2024
Applicants for renewal of municipal licenses, other than seasonal retail consumption licenses, issued by municipal issuing authorities are not required to advertise notice of application. In lieu thereof, the Director shall cause a general notice of application to be published in the form set forth in 13:2-1.5 once a week from the week of April 1 through the week of June 1 in a newspaper printed in the English language and published and circulated in the counties in which the premises of applicants for such renewals are located.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.7 - Objections; hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Each municipal issuing authority, upon receipt of a timely written objection duly signed by an objector shall set the matter down for a hearing and all parties shall be notified of the date, hour and place thereof. Said hearing shall be stenographically or electronically recorded.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.8 - Date of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The date fixed for hearing shall not be sooner than five days (excluding Saturdays, Sundays and legal holidays) after the second publication and should not be later than 14 days thereafter. For good cause, each issuing authority in the exercise of sound and fair discretion may, subject to appeal to the Director by the applicant if he proves that he is aggrieved by the delay, fix a date for hearing later than said 14 days or may adjourn the hearing, upon notification to all parties.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.9 - Hearing not required; reasons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is no timely written objection and the issuing authority determines to approve the application, no hearing is required; but this in no way relieves the issuing authority from the duty of making a thorough investigation on its own initiative.
(b) No application shall be approved unless the issuing authority affirmatively finds and reduces to resolution that:
1. The submitted application form is complete in all respects;
2. The applicant is qualified to be licensed according to all standards established by the New Jersey Alcoholic Beverage Control Act, the regulations promulgated thereunder, as well as any pertinent local ordinances or Division-approved conditions; and
3. The applicant has disclosed and the authority has reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.10 - Decision on application; ad interim (temporary) permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipal issuing authority must render a decision within 45 days from the date of a duly filed application for issuance of a new license unless the applicant consents to an extension. Failure to act may be deemed a denial of application by the applicant for the purpose of allowing the applicant to appeal to the Director.
(b) If no action is taken on an application for renewal of license prior to the expiration of its term, the applicant may apply to the Director for issuance of an ad interim (temporary) permit authorizing the applicant to continue to conduct the licensed business until the application has been acted upon. If no action is taken on an application for renewal of a license within 90 days after the expiration of its term, the applicant may file an appeal with the Director from such failure to act on the renewal application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.11 - Denial of application; refund of fees

Current through Register Vol. 56, No. 14, July 15, 2024
If the application for new or renewal license is denied for any reason whatsoever or withdrawn, a statutory refund of 90 percent of the fee deposited with the municipality shall be made by the municipality to the applicant. The remaining 10 percent shall be deemed an investigation and processing fee and shall be retained by the municipality. The State filing fee required to accompany such applications shall be retained by the Director as a processing fee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.12 - Application granted; proration of fee; refund

Current through Register Vol. 56, No. 14, July 15, 2024
If the application for a new license is granted, except in connection with the issuance of a new license upon failure to timely renew under N.J.S.A. 33:1-12.1 8, the license fee shall be prorated from the effective date of the license; and where the amount deposited exceeds the prorated fee, the applicant shall be entitled to a refund of the excess. Any new license issued for failure to timely renew pursuant to N.J.S.A. 33:1-12.1 8 will be effective immediately following the last day of the preceding license term, and no prorating of fee is warranted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.13 - Special conditions

Current through Register Vol. 56, No. 14, July 15, 2024
If a resolution granting an application for license is adopted sooner than five business days (excluding Saturdays, Sundays and legal holidays) after publication of the second notice of application, the resolution shall set forth in a special condition that the license will not be issued until the five business days have elapsed. If a written objection to issuance of the license is filed within such period, the license shall not be issued pending hearing and further determination of the issuing authority.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.14 - Changes in facts; application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever any change shall occur in any of the facts as set forth in any application for a retail license, the licensee shall file with the municipal issuing authority an amendment to the license application on a form prescribed by the Director reflecting the change and not later than 10 days after the occurrence.
(b) Corporate licensees shall file with the municipal issuing authority an amendment to reflect any stockholder change resulting in any person acquiring one percent or more of its stock not later than 10 days after the occurrence. If the change affects less than one-third of the stock of the corporation, the licensee need only amend those pages that reflect the change in information. If the change affects one-third or more of the stock, a full application is required. Changes in partnerships and other types of legal entities shall be treated in the same manner as a stockholder change of a corporation licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.15 - Publication of notice of change in the structure of corporate, partnership, and other types of legal entities; form

Current through Register Vol. 56, No. 14, July 15, 2024
Every corporation, partnership, limited liability company, and other type of legal entity licensee shall, in addition to filing written notice with the municipal issuing authority of changes in ownership, cause to be published a notice of changes in structure in the following form, not later than 10 days after the occurrence whenever the change involves a new individual acquiring one percent or more of the ownership thereof.
Click here to view form.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.16 - Publication of notice of change in corporate structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The notice of change in corporate structure shall be published once in a newspaper printed in the English language, published and circulated in the municipality in which the licensed premises is located. If, however, there shall be no such newspaper, then the notice shall be published in a newspaper printed in the English language, published and circulated in the county in which the licensed premises is located.
(b) Proof of publication of such notice shall be furnished by the licensee to the municipal issuing authority within 10 days after the date of publication with a copy of the dated advertisement attached.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 3 - ISSUANCE OF RETAIL LICENSES BY MUNICIPAL ISSUING AUTHORITIES; SPECIAL REVIEW OF ATLANTIC CITY LICENSES › Section 13:2-3.1 - License certificate; form

Current through Register Vol. 56, No. 14, July 15, 2024
The Director, Division of Alcoholic Beverage Control shall establish the form and content of all license certificates and shall make certificates for licenses available to the municipal issuing authority in each municipality issuing licenses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 3 - ISSUANCE OF RETAIL LICENSES BY MUNICIPAL ISSUING AUTHORITIES; SPECIAL REVIEW OF ATLANTIC CITY LICENSES › Section 13:2-3.2 - Required records

Current through Register Vol. 56, No. 14, July 15, 2024
The municipal issuing authority shall maintain full and complete records concerning each license in its municipality, including information relative to the license's issuance, renewal, transfer, disciplinary sanctions, special conditions, extension of license to a fiduciary, payment of fees and any other matter the director or municipal issuing authority may deem appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 3 - ISSUANCE OF RETAIL LICENSES BY MUNICIPAL ISSUING AUTHORITIES; SPECIAL REVIEW OF ATLANTIC CITY LICENSES › Section 13:2-3.3 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 3 - ISSUANCE OF RETAIL LICENSES BY MUNICIPAL ISSUING AUTHORITIES; SPECIAL REVIEW OF ATLANTIC CITY LICENSES › Section 13:2-3.4 - License certificate signed by issuer

Current through Register Vol. 56, No. 14, July 15, 2024
Each license certificate shall be signed either in the name of the municipality or its municipal board, whichever is the issuing authority. It shall also bear the actual signature, at the place indicated, of such municipal officer or agent as the governing board or body of the municipality or the municipal board, as the case may be, shall have designated to sign and to deliver such certificate on its behalf.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 3 - ISSUANCE OF RETAIL LICENSES BY MUNICIPAL ISSUING AUTHORITIES; SPECIAL REVIEW OF ATLANTIC CITY LICENSES › Section 13:2-3.5 - Issuance of license certificate; resolution of issuing authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No license certificate shall be signed, issued or delivered by any person unless and until expressly directed to do so by a resolution of the issuing authority, which resolution shall, among other things, specifically set forth the name and trade name, if any, of the person, association, firm or corporation adjudged thereby to be entitled to a license, and the kind thereof, address of the licensed premises, and effective date of the license, and shall order issuance and delivery of such license by such municipal officer or agent as the issuing authority shall, thereby or by some previous resolution, designate to sign and deliver such certificate in its behalf.
(b) Unless another specific date is identified in the resolution concerning an application for issuance or transfer of a license, the effective date shall be the date of the adoption of the resolution by the issuing authority.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 3 - ISSUANCE OF RETAIL LICENSES BY MUNICIPAL ISSUING AUTHORITIES; SPECIAL REVIEW OF ATLANTIC CITY LICENSES › Section 13:2-3.6 - Certification of license activity

Current through Register Vol. 56, No. 14, July 15, 2024
Each municipal issuing authority shall make or cause to be made daily certification to the Director of all licenses granted during the preceding business day, which certification shall include any license application filings or amendments, any fees to be remitted to the Director, and any resolutions adopted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 3 - ISSUANCE OF RETAIL LICENSES BY MUNICIPAL ISSUING AUTHORITIES; SPECIAL REVIEW OF ATLANTIC CITY LICENSES › Section 13:2-3.7 - Atlantic City; alcoholic beverage licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Municipal Board of Alcoholic Beverage Control of the City of Atlantic City shall forward to the Division of Alcoholic Beverage Control a copy of all applications for issuance, renewal or transfer of any alcoholic beverage license.
(b) No action shall be taken by the Board with respect to any application until completion of an appropriate investigation by the Division of Alcoholic Beverage Control or its designees.
(c) Upon completion of the investigation, the Division of Alcoholic Beverage Control shall certify whether granting of the application is in the public interest.
(d) Upon a finding by the Division that granting of the application will not be contrary to the public interest, the Board may act upon the application in any way consistent with its legal authority.
(e) Upon a finding by the Division that the granting of the application would be contrary to the public interest, the Board shall deny the application.
(f) The applicant shall retain the right conferred by 33:1-22 to appeal to the Director from the denial of an application by the Board and shall be afforded a hearing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.1 - Interest in issuance, renewal or transfer of license; application made to the division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No municipal issuing authority may issue, renew or transfer a license to or from any of its members, or issue, renew or transfer a license to or from any corporation, organization, or association in which any of its members is interested directly or indirectly.
(b) No municipal issuing authority may transfer to other premises a license of any of its members, or transfer to other premises a license of any corporation, organization or association in which any of its members is interested, directly or indirectly.
(c) Whenever the municipal issuing authority is prohibited from acting by this section, or is unable to reach a quorum due to individual conflicts of interest, application must be made to the Director of the Division of Alcoholic Beverage Control and shall be governed by this subchapter.
(d) The provisions of (a) and (b) above shall not apply to club licenses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.2 - Application to the Director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application to the Director shall be made upon the same application forms used in all applications for municipal licenses (copies are obtainable from the clerk of the municipality wherein the premises sought to be licensed are situated).
(b) The application shall be fully executed and submitted in triplicate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.3 - New or renewal license fees; certification by issuing authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for a new license or for a renewal of an existing license shall be accompanied by a fee of $200.00 payable to the order of the Division of Alcoholic Beverage Control.
(b) A certification shall also be submitted from the municipal clerk, board secretary, or other responsible municipal official stating that the appropriate municipal fee has been paid and the amount of such fee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.4 - Fee for license transfer to other persons or other premises; certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for transfer of license to other persons only, or applications for transfer of license to other premises only (not combined) shall be accompanied by:
1. A fee of $ 200.00 payable to the order of the Division of Alcoholic Beverage Control and retained by the Director whether or not the transfer is granted, and accounted for as are other license fees.
2. A certification shall be submitted from the municipal clerk, board secretary, or other responsible municipal official that 10 percent of the full municipal annual license fee for said license has been paid and the amount of the fee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.5 - Fee for combined transfers; certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Transfers of license both as to person and place may be applied for simultaneously and in a single application, accompanied by a fee of $200.00 payable to the order of the Division of Alcoholic Beverage Control.
(b) A certification shall also be submitted by the municipal clerk, board secretary or other responsible municipal official stating that 20 percent of the full municipal annual license fee for said license has been paid and the amount of the fee.
(c) Where there is a combined transfer application, the Director shall not approve a person-to-person transfer of the license if the place-to-place transfer is denied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.6 - Submission of issuing authority's resolution

Current through Register Vol. 56, No. 14, July 15, 2024
There shall also be submitted to the Director a certified copy of a resolution adopted by the issuing authority of the municipality wherein the premises sought to be licensed are situated, setting forth that said issuing authority has no objection to the issuance, renewal or the transfer, as the case may be of the license applied for and consents thereto, and, furthermore, is not aware of any circumstances or provisions of law or local ordinance which would prohibit the issuance, renewal or the transfer, as the case may be of the license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.7 - Advertising notice of application

Current through Register Vol. 56, No. 14, July 15, 2024
The rules applicable to the application, advertising and hearing rights concerning a municipal license or the transfer thereof (N.J.A.C. 13:2-2 and N.J.A.C. 13:2-7 ) shall apply when application is made to the Director. However, the notice of application, as published, shall state that such application has been made to, and objections if any should be addressed to: Director of the Division of Alcoholic Beverage Control, PO Box 087, Trenton, New Jersey 08625-0087.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.8 - Refund of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the application for license issuance is denied for any reason whatsoever or withdrawn, a statutory refund of 90 percent of the fee deposited with the municipality shall be made by the municipality to the applicant. The remaining 10 percent shall be deemed an investigation and processing fee and shall be retained by the municipality. The $ 200.00 State fee required to accompany the application shall be retained as a processing fee by the Director. If an application for renewal of license is denied, refund of fees shall be in accordance with 13:2-2.11.
(b) If an application for license transfer is denied or withdrawn, the 10 percent of the full annual fee deposited with the municipality shall be retained by the municipality. The $200.00 State fee required to accompany the application shall be retained as a processing fee by the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.9 - Proration of fee

Current through Register Vol. 56, No. 14, July 15, 2024
If the application for a new license is granted, except in connection with the issuance of a new license upon failure to timely renew under N.J.S.A. 33:1-12.1 8, the license fee shall be prorated from the effective date of the license and where the amount deposited exceeds the prorated license fee, the applicant shall be entitled to a refund of the excess. Any renewal or new license issued pursuant to N.J.S.A. 33:1-12.1 8 will be effective immediately following the last day of the preceding license term, and no prorating of fee is permitted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 4 - ISSUANCE, RENEWAL OR TRANSFER OF MUNICIPAL RETAIL LICENSES (OTHER THAN CLUB LICENSES) BY THE DIRECTOR › Section 13:2-4.10 - Notice of change in facts in application

Current through Register Vol. 56, No. 14, July 15, 2024
The rules applicable to filing a notice of change in the facts set forth in the application for a retail license and to publishing a notice of change in corporate structure and furnishing proof thereof (13:2-2.14 through 2.16) shall apply to all retail licensees holding licenses issued by the Director. However, the licensee shall file such notice with and furnish such proof directly to the division; and where the notice concerns a change in corporate structure, the notice as published shall state that information concerning the qualifications of any of the stockholders of the corporate licensee shall be addressed to the Director of the Division of Alcoholic Beverage Control, PO Box 087, Trenton, New Jersey 08625-0087.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 5 - ISSUANCE OF SPECIAL PERMITS BY DIRECTOR › Section 13:2-5.1 - Social affair permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for social affair permit may be made to the director by organizations operating solely for civic, religious, educational, charitable, fraternal, social, or recreational purposes, and not for private gain. In order to establish its eligibility an applicant shall submit in support of its application sufficient documents such as:
1. Certificate of incorporation;
2. Charter;
3. Constitution;
4. Bylaws;
5. Membership roster with list of all members;
6. Financial records;
7. Documentation of Federal Income Tax exemption or application therefor; and
8. Such other information as the Director may deem appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 5 - ISSUANCE OF SPECIAL PERMITS BY DIRECTOR › Section 13:2-5.2 - Special concessionaire permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for a special concessionaire permit may be made to the Director by any individual, partnership, corporation, limited liability company, or other type of legal entity who has entered into a contract with the State of New Jersey, or any political subdivision thereof, whereby said person or organization is authorized to sell alcoholic beverages for immediate consumption in any public building or on any property owned by or under the control of the State of New Jersey or any political subdivision thereof. Such permit may also authorize the sale of alcoholic beverages in original containers for off-premises consumption, provided the applicant, with the consent of the governmental agency, establishes to the satisfaction of the Director that there is good cause for such sales.
(b) The term of a special concessionaire permit shall be from July 1 through June 30 unless otherwise specified. The fee for the permit shall be $ 2,000, and is payable with the application to the Division of Alcoholic Beverage Control.
(c) Application must be supported by the following documents before permit will be issued by the Director:
1. Letter of authorization form, and copy of agreement with, the State, county, or municipal official or body charged with responsibility over public buildings or lands at which the sale of alcoholic beverages is sought;
2. Letter of applicant detailing manner and method of proposed operation under permit;
3. Plan or sketch of premises to be used in accordance with permit;
4. If applicant is incorporated--copy of certificate of incorporation; if an association--copy of charter; and
5. Affidavit of publication by newspaper in which notice of application has appeared, as hereinafter provided.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 5 - ISSUANCE OF SPECIAL PERMITS BY DIRECTOR › Section 13:2-5.3 - Special permit for a golf facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for a special permit may be made to the Director by any individual, partnership, corporation, limited liability company, or other type of legal entity which owns and operates or leases and operates a golf facility whereby said golf facility is authorized to sell open containers of alcoholic beverages for immediate consumption to members, guests of members and guests of the facility. For the purposes of this subsection:
1. A "golf facility" is defined as a golf course consisting of a minimum of 18 holes spaced over at least 5,000 linear yards;
2. A "member" is defined as a person who, by virtue of the payment of not less than $ 500.00 or other reasonable consideration, receives the right to use the golf facility for a period of not less than one year, after filing a membership application and waiting at least three days subsequent to the filing thereof;
3. A "guest of a member" is defined as an individual who is expressly invited to the golf facility by an individual member and who is personally attended by the individual member at the golf facility; and
4. A "guest of the facility" is defined as an individual specifically invited to the golf facility by the owner or management of the facility without charge.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 5 - ISSUANCE OF SPECIAL PERMITS BY DIRECTOR › Section 13:2-5.4 - Special permit for the sale or purchase of alcoholic beverages

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, for good cause shown, may issue a special permit to authorize the sale of alcoholic beverages by a receiver, trustee, executor, or other court appointed or authorized person, or judgment creditors or secured parties where such sale is authorized in accordance with law or a specific court order.
(b) An application for such special permit shall be filed with the Division at least seven days before the proposed sale on forms to be prescribed by the Director and accompanied by payment of fees as set forth by the Director. The fees for such permits shall not be less than $ 10.00 nor more than $ 2,000.
(c) Upon issuance of the special permit, the temporary storage and transportation of alcoholic beverages pending sale shall be authorized, as well as the sale to and transportation by the purchaser.
(d) Within 10 days after the sale, the permittee shall file with the Director a signed inventory report on forms prescribed by the Director identifying the type and quantity of all alcoholic beverages sold, the name and address of the purchaser, the State-assigned license number of the purchaser if it was a New Jersey licensee, and the sales price per item or lot. Failure to file the inventory report shall be cause for denial of future special permit applications.
(e) List of special permits issued by the Director and the required fees.
TYPE OF PERMIT
PERMIT FEE
Temporary Extension to
$ 50.00
Administrator/Executor
Ad Interim
$ 75.00, plus $ 5.00 per day
Bulk Sale
$ 75.00
Close Out
$ 1.00 per case with a minimum price
of $ 20.00
Donation
$ 150.00
Extension of Premises
$ 75.00, per day
Food and Pharmaceutical
$ 20.00 to $ 40.00
Gratuitous Gift
$ 75.00
Gratuitous Samples
$ 50.00
Merchandising Show: In-state
$ 75.00
licensee
Out of state licensees
$ 100.00
Merchandising Show--Out-of-State
$ 100.00
Importers
Omnibus
$ 750.00
Import for Personal Consumption
$ 50.00
Retailer to Retailer Sale
$ 75.00
Sacramental Wine
$ 50.00
Sampling/Display
$ 75.00
Storage in Transit
$ 50.00
Temporary Authorization to Operate
$ 150.00
Temporary Storage
$ 25.00 plus $ 2.00 per day
Wine Festival
$ 25.00
Wine Seminar
$ 50.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 5 - ISSUANCE OF SPECIAL PERMITS BY DIRECTOR › Section 13:2-5.5 - Temporary miscellaneous contingency permits; fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, for special cause shown, may issue such temporary permits for such contingencies where a license is not expressly provided for by law, and such a permit would be appropriate and consonant with the spirit of the Alcoholic Beverage Control Act.
(b) Application for such permits shall be on forms prescribed by the Director and shall be accompanied by payment of fees as set forth by the Director. The fees for such permits shall not be less than $ 10.00 nor more than $ 2,000.
(c) The Director may impose special conditions or requirements on any such permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 5 - ISSUANCE OF SPECIAL PERMITS BY DIRECTOR › Section 13:2-5.6 - Special permit for marketing agent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for a special permit for marketing agent may be made to the Director by an alcoholic beverage supplier, manufacturer or importer who holds a New Jersey wholesale license, whereby such supplier, manufacturer or importer shall be authorized to engage the services of outside marketing agencies to participate in alcoholic beverage tasting events at licensed plenary retail licensed premises pursuant to 13:2-37.1(b).
(b) The term for a special permit for marketing agent shall be from July 1 to June 30, unless otherwise specified. The fee for the permit shall be $ 1,000 payable with the application to the Division of Alcoholic Beverage Control. Each supplier, manufacturer or importer shall obtain a separate special permit for marketing agent for each individual marketing agency to be engaged. This permit shall allow the employees of the marketing agency covered by the permit to attend an unlimited number of tasting events on behalf of the specific supplier, manufacturer or importer that obtains the permit, but each employee shall be required to obtain a Marketing Agent Identification Card pursuant to (c) below.
(c) Each individual employee of a marketing agency that is designated in a special permit for marketing agent shall be required to obtain a Marketing Agent Identification Card. Application for the Marketing Agent Identification Card shall be made to the Director, and shall include a $ 15.00 processing fee. Each Marketing Agent Identification card must be renewed at the beginning of each licensing term, July 1 of each year. Each employee of a marketing agency shall wear his or her current Marketing Agent Identification Card at every event attended.
(d) Any supplier, manufacturer or importer who obtains a special marketing agent permit shall be responsible for all actions taken and/or violations of New Jersey law by any employee of a designated marketing agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 5 - ISSUANCE OF SPECIAL PERMITS BY DIRECTOR › Section 13:2-5.7 - Fees for Special Permits are non-refundable

Current through Register Vol. 56, No. 14, July 15, 2024
All filing fees associated with Special Permits issued pursuant to this subchapter are non-refundable, unless otherwise waived by the Director pursuant to
13:2-9.1
.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 6 - EXTENSION OF LICENSE › Section 13:2-6.1 - Petition for extension of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In case of death, bankruptcy, receivership or incompetency of a licensee, or if for any other reason whatsoever the operation of the business covered by the license shall devolve by operation of law upon a person other than the licensee, the licensed business may not be operated unless the license is extended by the issuing authority which issued the license.
(b) An application for extension of a license for a limited time not exceeding its term must be made in the form of a petition executed by the executor, administrator, trustee, receiver or other person upon whom operation of the business covered by the license shall have devolved by operation of law.
(c) Said petition shall be addressed to and acted upon by the authority which issued the license sought to be extended. An amendment of the license application to reflect the extension of the license shall be filed at the same time. No fee is required to be paid for an extension of the license and the petitioner is not required to publish a notice of application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 6 - EXTENSION OF LICENSE › Section 13:2-6.2 - Special permit to operate licensed business

Current through Register Vol. 56, No. 14, July 15, 2024
Where an application for extension of license cannot be made immediately because the fiduciary has not yet qualified, the Director, Division of Alcoholic Beverage Control, may issue a special permit to allow the licensed business to continue operations temporarily until the license is formally extended. The issuance of any special permit shall not indicate any opinion as to the merits of the formal petition to extend the license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 6 - EXTENSION OF LICENSE › Section 13:2-6.3 - Proof of appointment; assignments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitioners for extension of a license must present satisfactory proof to the issuing authority of their appointment to act in their representative capacity.
(b) A license may not be extended to an assignee for the benefit of creditors, unless said assignee presents to the issuing authority a court order authorizing him to continue assignor's business during a period set forth in said order, as provided for in 2A:19-16.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 6 - EXTENSION OF LICENSE › Section 13:2-6.4 - Endorsement of licenses

Current through Register Vol. 56, No. 14, July 15, 2024
If the petition for extension is granted, the license shall be endorsed as follows:
"This license is hereby extended, subject to all of its terms and conditions to ......... , (Executor, or as the case may be) until ...... , 20... ".
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.1 - Transferability of license

Current through Register Vol. 56, No. 14, July 15, 2024
Any license issued under the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq., may be transferred either from person-to-person or place-to-place, or both, in accordance with the provision of said law and these regulations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.2 - Application for place-to-place license transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for transfer of license to other premises, signed and sworn to by the licensee, must be filed with the Director or other issuing authority, as the case may be, at or before the first insertion of the advertisement of the notice of application on forms prescribed by the Director.
(b) If the application is for transfer of the license to a building not yet constructed, plans of the proposed building shall accompany the application. The plans shall show the appearance and design of the proposed building, the type or types of exterior building material and the over-all and room dimensions.
(c) Expansion of the licensed premises shall require a place-to-place transfer (expansion of premises) application.
(d) Voluntary reduction or voluntary delicensure of a portion of the premises shall require a place-to-place transfer (reduction of premises) application. A voluntary abandonment of all of the licensed premises shall be a change of facts that must be reported to the issuing authority pursuant to 13:2-2.7 and 2.14, but does not require a place-to-place transfer. A licensee that has voluntarily abandoned its licensed premises must apply for and be approved for a place-to-place transfer before commencing operation again.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.3 - Application for person-to-person license transfer

Current through Register Vol. 56, No. 14, July 15, 2024
Application for transfer of license to another person, or other person and other premises, signed and sworn to by the person who seeks the transfer, and bearing the consent in writing to such transfer by the current licensee, must be filed with the Director, or other issuing authority, as the case may be, at or before the first insertion of the advertisement of the notice of application on forms prescribed by the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.4 - Notice of transfer application, form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notice of application for transfer of a license shall be published in the following form:
Click here to view form.
(b) "Name of issuing authority" in the form in N.J.A.C. 13:2-7.4(a), usually means the governing board or body of the municipality, whatever the name may be, for instance, the mayor and common council, the township council, and so forth, except where a municipal board of alcoholic beverage control has been created, in which case such board is the issuing authority. If the application is made by a member of any issuing authority, or by a corporation, organization or association in which any member of an issuing authority is interested directly or indirectly, or if the license sought to be transferred was issued in the first instance by the Director, the Director is the "issuing authority" and in that event the notice must state that objections be addressed to the Director of the Division of Alcoholic Beverage Control, PO Box-087, Trenton, New Jersey 08625-0087. This subsection shall not apply to club licenses.
(c) The notice of application shall be published once a week, for two weeks successively, at least seven days apart, in a newspaper printed in the English language published and circulated in the municipality in which the licensed premises are located. If, however, there shall be no such newspaper, then such notice shall be published in a newspaper printed in the English language, published and circulated in the county in which the licensed premises are located.
(d) Proof of publication of notice of application for transfer of a license shall be furnished after second publication with a copy of the dated advertisements attached.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.5 - Objections; hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Each issuing authority, immediately upon receipt of a written objection duly signed by an objector, shall set the matter down for a hearing and notify all parties of the date, hour and place thereof. Said hearing shall be stenographically or electronically recorded.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.6 - Date of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The date fixed for hearing shall not be sooner than five days after the second notice was published (excluding Saturdays, Sundays and legal holidays) and should not be later than 14 days thereafter. For good cause, each issuing authority in the exercise of sound and fair discretion may fix a date for hearing later than said 14 days and may adjourn the hearing, upon notification to all parties.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.7 - Hearing not required; reasons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is no written objection and the issuing authority determines to approve the application, no hearing is required; but this in no way relieves the issuing authority from the duty of making a thorough investigation on its own initiative. This investigation should include fingerprinting and a criminal background check and financial disclosure documentation.
(b) No application shall be approved unless the issuing authority affirmatively finds and certifies that:
1. The submitted application form is complete in all respects;
2. The applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey statutes, the regulations promulgated thereunder as well as the pertinent local ordinances and conditions imposed consistent with Title 33;
3. The applicant has disclosed and the issuing authority has reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business and;
4. The transferee has executed a valid consent to transfer the license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.8 - Application for place-to-place license transfer

Current through Register Vol. 56, No. 14, July 15, 2024
Application for transfers of licenses to other premises shall be on forms prescribed by the Director and shall set forth the same information required to be set forth in connection with an original application for license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.9 - Application for person-to-person transfer

Current through Register Vol. 56, No. 14, July 15, 2024
Applications for transfers of licenses to other persons shall be on forms prescribed by the Director and shall set forth the same information required to be set forth in connection with an original application for license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 7 - TRANSFERS OF STATE AND MUNICIPAL LICENSES › Section 13:2-7.10 - Combined transfer

Current through Register Vol. 56, No. 14, July 15, 2024
Transfers of license both as to person and place may be applied for simultaneously and in a single application; but if there is such combined application for person-to-person and place-to-place transfer, the person-to-person application shall not be approved unless the place-to-place transfer is also granted.