reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.14 - Warning letters and fine letters

Current through Register Vol. 56, No. 14, July 15, 2024
The Director may, in the Director's sole discretion, issue a warning letter advising a licensee of a violation(s) or issue a fine letter, indicating that the Director will accept a monetary payment in lieu of prosecution.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.15 - Review by Director of penalties imposed by local issuing authorities

Current through Register Vol. 56, No. 14, July 15, 2024
In reviewing the reasonableness of penalties imposed by local issuing authorities, reasonableness will be judged in accordance with the penalty schedule and other factors set forth in the record before the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 19 - DISCIPLINARY PROCEEDINGS › Section 13:2-19.16 - Application of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter, as amended effective December 3, 2001, shall apply to violations occurring on or after December 3, 2001.
(b) To the extent that any of the penalties set forth in this subchapter are inconsistent with the penalties set forth in any earlier document(s), including, but not limited to, ABC Bulletins, the penalties set forth in this subchapter shall apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.1 - Transit insignia; transportation of alcoholic beverages

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall transport alcoholic beverages into, out of, or within the State of New Jersey in any vehicle unless it is owned, leased or contracted for by the licensee. Such vehicle, while so used, shall first have issued therefor a transit insignia, or transportation license insignia issued pursuant to the provisions of this subchapter, or a limited transportation permit or emergency trip permit issued pursuant to the provisions of N.J.A.C. 13:2-21.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.2 - Transportation by retail licensee; delivery slip; emergency delivery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No retail licensee shall deliver or transport any alcoholic beverages into, out of, or within the State of New Jersey in any vehicle unless the driver of the vehicle has in his or her possession a bona fide, authentic and accurate delivery slip, invoice, manifest, waybill, or similar document stating the date of delivery, the bona fide name and address of the purchaser or consignee, and the brand, size of container, quantity and price of each item of the alcoholic beverages being delivered or transported. The original or true copy of such delivery slip, invoice, manifest, waybill or similar document shall be retained by the licensee at his licensed premises for a period of one year from the date of delivery and shall be available for inspection by any person authorized to enforce the provisions of the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq., unless the Director shall have granted to the licensee written permission to keep such documents at another designated place.
(b) No such licensee shall peddle, barter, or otherwise sell any alcoholic beverages from any vehicle.
(c) It shall be an affirmative defense, to a charge of violating 13:2-20.1, where the licensee satisfactorily demonstrates that:
1. The licensee owned or leased a properly permitted vehicle;
2. An emergency situation arose which prevented the delivery from being made in the properly permitted vehicle; and
3. The delivery was, in all other respects, made in accordance with the provisions of 13:2-20.2(a).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.3 - Transportation by State licensee with retail privileges; delivery slip or route card

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No State licensee privileged to sell alcoholic beverages at retail shall deliver or transport any alcoholic beverages in any vehicle, unless:
1. The driver of the vehicle has in his or her possession a bona fide, authentic and accurate delivery slip, invoice, manifest, waybill, or similar document stating the bona fide name and address of the purchaser or consignee, and the brand, size of container, quantity and price of each item of the alcoholic beverages being delivered or transported; or
2. The driver of the vehicle has in his or her possession a route card which shall contain the name, address and standing order of the customer, and the entry at the time of delivery of the date of delivery, the brand, size of container, quantity delivered and the price charged. In addition to such route cards, there must be carried in the vehicle a loading list setting forth the total quantity of alcoholic beverages loaded for delivery, indicating as to each brand loaded the total quantity of each size of container; and
3. The original or true copy of such delivery slip, invoice, manifest, waybill, route card or similar document shall be retained by the licensee at his licensed premises for a period of one year from the date of delivery, and shall be available for inspection by any person authorized to enforce the provisions of the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq., unless the Director shall have granted to the licensee written permission to keep such documents at another designated place.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.4 - Transportation by other State licensees, importers and manufacturers; delivery documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No manufacturer, importer or wholesaler shall deliver or transport, directly or indirectly, any alcoholic beverages into, out of, or within the State of New Jersey in any vehicle, nor shall any transportation licensee so deliver or transport alcoholic beverages for any licensee, unless the driver of the vehicle has in his possession a bona fide, authentic and accurate delivery slip, invoice, manifest, waybill or similar document stating the name, address and New Jersey State assigned license number (if applicable) of the purchaser or consignee, the brand, size of container, terms of sale, quantity and price of each kind of alcoholic beverages being delivered or transported. Such document shall further bear a printed or stamped legend reading substantially as follows:
"The undersigned licensee hereby acknowledges that all of the alcoholic beverages itemized above have been ordered and were received on ...........
(Date)
..........................................."
(Signature by or for licensee)
(b) Two copies of such delivery slip, invoice, manifest, waybill or similar document shall be truly dated and signed by the licensee or his agent at the time and on the date of actual delivery of any alcoholic beverage. One copy shall be retained for a period of one year from the date thereof by the manufacturer, importer or wholesaler and the other by the purchasing licensee for a like period at its respective licensed premises, and shall be available for inspection by any person authorized to enforce the provisions of the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq., unless the Director shall have granted written permission to the manufacturer, importer, wholesaler or retailer to keep its copies at another designated place.
(c) Except that with regard to the following:
1. Sales or transfers from manufacturers or importers to wholesalers or distributors, when the nature of the documentation and transaction precludes the immediate availability of all documents required in (a) and (b) above, compliance shall be deemed to have occurred when all such records are available within a reasonable time following the sale, transfer, delivery and receipt; and
2. Sales or deliveries of keg beer or ale only to retail licensees, when the nature of the documentation and transaction precludes the immediate availability of all documents required in (a) and (b) above, compliance shall be deemed to have occurred when all such records are available upon completion of the operative period of the terms of such sales which shall have been set forth and shall be consistent with the seller's Marketing Manual and Current Price List pursuant to N.J.A.C. 13:2-24.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.5 - Eligibility for transit insignia or transportation license insignia

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No transit insignia or transportation license insignia shall be issued:
1. To a bonded warehouse bottling licensee, public warehouse licensee, or warehouse receipts licensee, unless such licensee also holds a license of some type which authorizes the transportation of alcoholic beverages.
2. For any motor vehicle unless it is properly registered in New Jersey or authorized to utilize New Jersey roads in accordance with State law applicable to such vehicle.
3. For any leased vehicle or other vehicle not owned by the licensee unless said lease or other document by its terms transfers to the licensee exclusive possession, control and operation of such vehicle when utilized in connection with the licensed business. A copy of the lease or other document must be furnished with any application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.6 - Application; fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for transit insignia shall be filed with the Director upon a prescribed form accompanied by the full fee of $ 50.00 for each insignia payable to the order of the Division of Alcoholic Beverage Control.
(b) Application for transportation license insignia shall be filed with the Director upon a prescribed form and shall be issued at a cost of $ 30.00 for each insignia payable to the order of the Division of Alcoholic Beverage Control.
1. No transportation license insignia shall be required for any vehicle operated by a parcel delivery service holding a transportation license for delivery of alcoholic beverages purchased at retail to consumers unless the vehicle is primarily and substantially used at any time for transport or delivery of alcoholic beverages.
2. The parcel delivery service must first be licensed by the Director. Application for licensure shall be made on a form to be provided by the Division.
3. An invoice must be attached to every package stating the purchaser's name, address, destination, quantity of wine being shipped and place of purchase. A copy of the original invoice must be made available for inspection by any person authorized to enforce the provisions of the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq. for a period of one year at the office of the licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.7 - Term of transit insignia or transportation license insignia; renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All transit insignia expire on August 31 following their issuance unless sooner terminated by order of the Director or by surrender or termination of the basic license under which the insignia was issued.
(b) All transportation license insignia expire on June 30 following their issuance or upon sooner termination of the underlying transportation license.
(c) Renewals must be applied for in the same manner as a new insignia.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.8 - Location of transit insignia or transportation license insignia

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Transit insignia must be directly affixed to the exterior of the vehicle, on the driver side front bumper, so as to be clearly visible at all times.
(b) Transportation license insignia shall be affixed to the vehicle body exterior on the left driver's side of the vehicle and shall be clearly visible at all times in the same manner as a transit insignia or otherwise visibly displayed as may be determined by the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.9 - Restrictions applicable to vehicles bearing transit insignia or transportation license insignia

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall allow, permit or suffer any vehicle for which a transit insignia, or transportation license insignia is issued to be used to transport alcoholic beverages except solely for the licensee's own business.
(b) When any transit insignia, or transportation license insignia shall become marred, defaced or damaged, the licensee shall forthwith notify the Director in writing, so that there may be appropriate replacement, if necessary, of such insignia.
(c) Transit insignia may be used only for the vehicle for which issued, provided, however, that nothing herein contained shall prohibit the transportation of alcoholic beverages by a transferee of a license in a vehicle for which a transit insignia was issued to his transferor for a period not exceeding seven days subsequent to the effective date of the transfer of license to such transferee.
(d) A transportation license insignia is issued to the holder of a transportation license and may be used for any eligible vehicle under 13:2-20.5, provided the identity of the transportation license holder is indicated on the vehicle.
(e) Except as provided in (c) above, no licensee shall sell or otherwise dispose of any vehicle to which a transit insignia is affixed, without having first removed said insignia.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.10 - Search of licensed vehicle

Current through Register Vol. 56, No. 14, July 15, 2024
By acceptance of a transit insignia, or transportation license insignia, the licensee consents to the inspection and search of the vehicle for which such insignia is issued, without search warrant, by any person authorized to enforce the provisions of the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 20 - TRANSPORTATION OF ALCOHOLIC BEVERAGES BY LICENSEES; INSIGNIA › Section 13:2-20.11 - Duty of personnel delivering alcoholic beverages to consumers

Current through Register Vol. 56, No. 14, July 15, 2024
It is the duty of personnel delivering alcoholic beverages to consumers to seek to determine that, at the time of delivery of product, the party signing a delivery receipt is of legal age to purchase and consume alcoholic beverages. Failure to carry out this duty by the employee shall be considered a violation and is grounds for the suspension or revocation of the employer's license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 21 - TRANSPORTATION OF ALCOHOLIC BEVERAGES INTO, THROUGH OR OUT OF THE STATE › Section 13:2-21.1 - Delivery into or out of the State

Current through Register Vol. 56, No. 14, July 15, 2024
Delivery of alcoholic beverages into or shipment of alcoholic beverages out of New Jersey is prohibited unless the beverages are transported by a licensee pursuant to N.J.A.C. 13:2-20 or in a vehicle bearing or carrying a permit issued in accordance with this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 21 - TRANSPORTATION OF ALCOHOLIC BEVERAGES INTO, THROUGH OR OUT OF THE STATE › Section 13:2-21.2 - Interstate transportation for personal use; amount limitation; permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Alcoholic beverages intended in good faith for personal use and not for sale may be transported into this State from a point outside New Jersey by any person in a vehicle under his control, without any transportation license or permit, to the extent permitted by 33:1-2 that is, not exceeding one-fourth barrel or one case containing not in excess of 12 quarts in all, of beer, ale or porter, and one gallon of wine, and two quarts of other alcoholic beverages within any consecutive period of 24 hours.
(b) Interstate transportation of alcoholic beverages intended in good faith for personal use in excess of the limits set forth in this section is prohibited; unless the consumer:
1. Has the alcoholic beverages transported by a New Jersey licensed alcoholic beverage transporter; or
2. Acquires from the Division a special permit to authorize the interstate transportation for a fee of $50.00 as set forth in 33:1-2. No such permit shall be issued until the applicant establishes that there has been payment of all applicable New Jersey Alcoholic Beverage taxes.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 21 - TRANSPORTATION OF ALCOHOLIC BEVERAGES INTO, THROUGH OR OUT OF THE STATE › Section 13:2-21.3 - Transportation through New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Alcoholic beverages may be transported through the State of New Jersey in any vehicle provided the following terms and conditions are met:
1. No delivery is made in New Jersey;
2. The alcoholic beverages may lawfully be sold and transported from the state of origin;
3. The driver of the vehicle possesses a bona fide, accurate waybill, bill of sale, invoice, receipt or similar document stating the name and address of the seller and buyer, the type and quantity of alcoholic beverages being transported and the places of origin and destination; and
4. The alcoholic beverages may lawfully be delivered to and received in the state of destination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 21 - TRANSPORTATION OF ALCOHOLIC BEVERAGES INTO, THROUGH OR OUT OF THE STATE › Section 13:2-21.4 - Limited transportation permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Alcoholic beverages not intended for delivery, sale or use in New Jersey may be transported from the licensed premises in this State of a manufacturer, wholesaler or public warehouse licensee, to points outside this State; or between points outside this State and piers of import or export located within the State by the holder of a New Jersey transportation license or a limited transportation permit.
(b) Application for a limited transportation permit shall be made to the Division on a form prescribed by the Director accompanied by a fee of $500.00.
(c) A limited transportation permit has a term of one year terminating on September 30, unless sooner canceled by the Director.
(d) The holder of a limited transportation permit cannot transport alcoholic beverages unless the vehicles have affixed thereto a limited transportation permit insignia.
(e) Limited transportation permit insignia are obtainable from the Division in the same manner, with the same eligibility requirements, transfer restrictions and insignia location as a transit insignia as set forth in N.J.A.C. 13:2-20. The cost for this limited transportation permit insignia is $ 75.00 per vehicle.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 21 - TRANSPORTATION OF ALCOHOLIC BEVERAGES INTO, THROUGH OR OUT OF THE STATE › Section 13:2-21.5 - Emergency trip permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, Division of Alcoholic Beverage Control, or any designated agent of the Director may issue a special emergency trip permit for the temporary or emergency transportation of alcoholic beverages into or out of the State in any vehicle not otherwise authorized by license or permit issued pursuant to N.J.A.C. 13:2-20 or this subchapter.
(b) An emergency trip permit shall authorize the delivery into or out of the State for a particular singular shipment identified in the permit from a specified source of origin to a specified destination. The permit shall remain in effect for the duration of the trip, or for 24 hours from the time of issuance, whichever period is longer.
(c) Applications for an emergency trip permit shall be on a form prescribed by the Director and may be issued by the Director or his designated agent for such purpose.
(d) The fee for an emergency trip permit is $ 25.00, which shall be deposited in the State Treasury. A surcharge in an amount allowed by the Director may be collected and retained by the agent when the permit is issued by that designated agent.
(e) A designated agent shall maintain true and accurate books of account, electronically transmit to the Division at time of issuance a copy of the issued permit, remit emergency trip permit fees to the Division within seven business days after issuance, and post an adequate performance bond if required.
(f) A designated agent serves at the will of the Director and may be dismissed without cause upon 30 days notice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 21 - TRANSPORTATION OF ALCOHOLIC BEVERAGES INTO, THROUGH OR OUT OF THE STATE › Section 13:2-21.6 - Prohibited transportation; seizure of unlawful property

Current through Register Vol. 56, No. 14, July 15, 2024
No alcoholic beverages shall be transported into, through or out of the State except in accordance with this subchapter. Alcoholic beverages transported in violation of this subchapter and the vehicle containing the same, are unlawful property and are subject to seizure and forfeiture by the Director in accordance with 33:1-66.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 21 - TRANSPORTATION OF ALCOHOLIC BEVERAGES INTO, THROUGH OR OUT OF THE STATE › Section 13:2-21.7 - Search of vehicle

Current through Register Vol. 56, No. 14, July 15, 2024
By acceptance of a special permit issued pursuant to this subchapter for the transportation of alcoholic beverages in excess of the quantities authorized by law, or a limited transportation permit, or an emergency trip permit, the holder of the permit consents to the inspection and search of the vehicle for which such permit is issued, without search warrant, by any person authorized to enforce the provisions of the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.1 - Licensee training program established

Current through Register Vol. 56, No. 14, July 15, 2024
All holders of plenary or limited retail distribution licenses issued under the provisions of 33:1-12 shall successfully complete educational training courses at such times, under such conditions, and with identified consequences for noncompliance, as are hereinafter set forth in this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.2 - Requirements for successful completion; time for completion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All holders of plenary or limited retail distribution licenses at the time this subchapter becomes operative shall successfully complete an initial educational training program within nine months of March 9, 1994. Successful completion shall entail attendance during the entire training program and satisfactory participation in program's group exercise and questioning activities.
(b) Whenever a plenary or limited retail distribution license is acquired as a newly issued license, or by an approved person-to-person transfer of license, or any currently existing plenary or limited retail distribution license held by a corporation is subject to a change of 33 1/3 percent or more of its corporate stockholders, individuals as specified in 13:2-22.3 shall be required to attend and successfully complete an initial educational training program within nine months of acquiring the new license or 33 1/3 percent or more interest in such license.
(c) All holders of plenary or limited retail distribution licenses that have successfully completed an initial educational training program shall be required to have appropriate individuals attend and successfully complete supplemental continuing educational training programs if determined necessary by the Director based upon modifications and changes in the law, regulations, policy or societal conditions. The schedule for supplemental training shall be set forth in the Alcoholic Beverage Control Bulletin and further communicated to all affected licensees.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.3 - Individuals required to attend

Current through Register Vol. 56, No. 14, July 15, 2024
(a) One or more of the following individuals shall be required to attend the educational training programs on behalf of the plenary or limited retail distribution licensee:
1. For licenses held by an individual as a sole proprietorship, or for licenses held by a partnership, the required attendee shall be the individual owner of the license, or at least one of the partners, respectively, if such owner or partner is actively engaged in the operation or control of the business.
2. For licenses held by a corporation, the required attendee shall be at least one of the corporate officers or a stockholder owning at least 25 percent of the corporate stock, if such person is actively engaged in the operation or control of the business.
3. Where any licensee designates a manager on its license application, the required attendee shall also include that individual, in addition to the persons identified in (a)1 or (a)2 above.
4. Where an owner, partner or holder of 25 percent or more of the corporate stock, is not actively involved in the operation or control of the business, then such license must have at least one individual designated as a manager as disclosed on the license, which person must attend the training.
5. Where any licensee holds more than one license subject to the requirements of this subchapter, at least one person for each separate license must attend and successfully complete the training.
6. In addition to the above, any licensee may register as an attendee, on a space available basis, any other officer, stockholder, clerk or other employee actively engaged in the operation or control of the licensed business.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.4 - Dates and location of training

Current through Register Vol. 56, No. 14, July 15, 2024
The educational training programs required under this subchapter shall be available and reasonably accessible to all plenary and limited retail distribution licensees in the State. The training programs shall be offered at least once every three months, subject to need, in the north, central, and south geographical areas of New Jersey; as well as at least once annually on a Statewide basis.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.5 - Designation of entity to conduct the training programs

Current through Register Vol. 56, No. 14, July 15, 2024
In order to satisfy the training requirements on the most cost efficient basis, and in furtherance of the authority set forth in N.J.S.A. 33:1-12.4 5, the Director, Division of Alcoholic Beverage Control may contract with a non-profit educational organization in this State to administer and conduct all or part of the educational training programs required by this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.6 - Training program curriculum

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, Division of Alcoholic Beverage Control, shall establish and revise annually the course content and shall approve the individual instructors or lecturers who will conduct the training programs, in consultation with any non-profit educational organization he or she may have contracted with in accordance with 13:2-22.5.
(b) The curriculum for the initial training programs shall include, but is not limited to, an explanation and development of the following:
1. The provisions of the New Jersey Alcoholic Beverage Control Act, 33:1-1 et seq., as it relates to the distribution, transportation, sale, and marketing of alcoholic beverages by retail distribution licensees; with detailed emphasis placed on the provisions of law governing the sale and delivery of alcoholic beverages to persons under the legal age;
2. The rules and regulations promulgated by the Director, Division of Alcoholic Beverage Control, N.J.A.C. 13:2, governing the sale, advertising, transportation, required records, promotion and marketing of alcoholic beverages, the disciplinary and adjudicatory procedures and consequences attendant to violative activity, and the permitted and prohibited conduct and use of the license and the licensed premises;
3. The application of municipal ordinances and regulations concerning the licensure, hours of sale, location, restrictions and permitted use of retail licenses and licensed premises established by municipal governing bodies or municipal boards of alcoholic beverage control;
4. Relevant administrative policies and determinations of the Director, Division of Alcoholic Beverage Control, the requirements and procedures for the collection and remittance of New Jersey taxes, and other State and Federal laws and regulations that impact upon the retail alcoholic beverage industry of the State of New Jersey; and
5. The relationship and application of the 10 point legislative declaration of policy and purpose set forth in 33:1-3 to the conduct and use of retail liquor licenses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.7 - Registration fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each attendee shall be required to pay a registration fee in an amount to be established by the Director, Division of Alcoholic Beverage Control, giving due consideration to the actual expenses required to properly operate and maintain the educational training programs. The cost of registration shall be reviewed annually by the Director against the actual operational expenses and adjusted accordingly. In no event shall the registration fee for each attendee be less than $ 50.00 nor more than $ 150.00.
(b) A schedule of registration fees and any subsequent amendments thereto shall be set forth and published in the Alcoholic Beverage Control Bulletin, and otherwise disseminated to all affected licensees.
(c) For purposes of administration, if the Director contracts with a non-profit educational organization pursuant to 13:2-22.5, the full registration fee shall be remitted to the contracting educational organization. That organization shall forward 20 percent of the fee to the Director, within seven business days after receipt for deposit in the State Treasury. The balance of the fee shall be retained by the educational organization to reimburse it for the costs associated with the conduct and maintenance of the educational training programs, including the scheduling, notice and promotional expenses, site expenses, instructional expenses (other than personnel of the Division of Alcoholic Beverage Control or other State employees), course materials, and other related expenses.
(d) The non-profit educational organization shall maintain true and accurate books of account concerning all aspects of the operation and maintenance of the educational training program, which records shall be made available for inspection by the Director upon demand. The organization shall provide the Director with a full and complete fiscal and operational report detailing the program's activities on an annual basis; and it shall post an adequate performance bond if required by the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.8 - Certification of educational training or order of deferment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the satisfactory completion of an initial or any supplemental educational training program required under this subchapter, the holder of a plenary or limited retail distribution license shall receive from the Director, Division of Alcoholic Beverage Control, a Certificate of Educational Training. The certificate shall include the date and location of the completed training program, the name of the attendee or attendees on behalf of the licensee, and the licensee's name, address and license number. The Certificate of Educational Training may be displayed on the licensed premises and must be made available to the licensing issuing authority at the time of any application for renewal of the license.
(b) Any holder of a plenary or limited retail distribution license who is unable to attend an initial or supplemental training program within the required time period, may apply to the Director, no later than 30 days before the expiration of the requisite training time period, for a deferment of the requirement for attendance in the educational program. The request for deferment shall be made to the Director on a form to be prescribed by the Director and accompanied by a non-refundable processing fee of $ 25.00. If the Director is satisfied that there is good cause for the deferment, the Director shall issue an Order of Deferment of the training requirement, subject to conditions thereon as may be appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 22 - LICENSEE TRAINING AND CERTIFICATION › Section 13:2-22.9 - Sanctions for noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any holder of a plenary or limited retail distribution license who fails to attend and successfully complete the required initial or supplemental educational training program within the time period set forth in this subchapter, and who has not received a currently valid Order of Deferment, shall be subject to the following administrative sanctions to be imposed by the Director, Division of Alcoholic Beverage Control.
1. The first failure to attend or successfully complete the training program within the time periods set forth in this subchapter shall constitute a first offense and shall subject the licensee to a monetary penalty of $ 250.00 in lieu of institution of formal disciplinary proceedings, with a requirement that the training be completed within the following three months.
2. Failure to attend or successfully complete the training program within the three month extension after a first offense shall constitute a second offense and subject the licensee to a monetary penalty of $ 500.00 in lieu of institution of formal disciplinary proceedings, with a requirement that the training be completed within the following three months.
3. Failure to attend or successfully complete the training program within the additional three month extension granted a second offender shall constitute a third offense and subject the licensee to a monetary penalty of $ 1,000 in lieu of institution of formal disciplinary proceedings, with a requirement that the training be completed within the following three months.
4. Any failure to comply with the final three months extension afforded a third offender shall subject the licensee to formal administrative charges that can lead to an indefinite suspension of license, with leave granted to lift the suspension upon payment of a monetary penalty of $ 2,000 and proof of satisfactory completion of the educational training program.
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 13:2-23.1 - Prohibition against serving persons under the legal age and intoxicated persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age to purchase or consume alcoholic beverages, or allow, permit or suffer the consumption of any alcoholic beverage by any such person in or upon the licensed premises.
(b) No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person actually or apparently intoxicated, or permit or suffer the consumption of any alcoholic beverage by any such person 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 13:2-23.2 - Prohibiting sales or consumption of alcoholic beverages during elections; municipal option

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall sell or offer for sale at retail or deliver to any consumer any alcoholic beverage, or allow, permit or suffer the consumption of any alcoholic beverage in or upon the licensed premises while the polls are open for voting in any municipality in which an election is being held and the sale of alcoholic beverages is prohibited during such election by municipal ordinance.
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 13:2-23.3 - Closing premises during public emergency or crime investigation

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, at retail, or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises, or allow, permit or suffer the retail licensed premises to be open, during any period for which any duly constituted State, county or municipal law enforcement authority, because of a public emergency or investigation of crime, has ordered the licensed premises to be closed, unless excepted by such authority to permit continuing conduct of business other than the sale of alcoholic beverages.
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 13:2-23.4 - House-to-house solicitation forbidden

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall solicit from house-to-house, personally or by telephone, the purchase of any alcoholic beverage, or allow, permit or suffer such solicitation.
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 13:2-23.5 - Prohibited patrons; narcotics or other unlawful drugs; illegal activity or enterprise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall allow, permit or suffer in or upon the licensed premises the habitual presence of any known prostitute, gangster, racketeer, notorious criminal, or other person of ill repute.
(b) No licensee shall allow, permit or suffer in or upon the licensed premises any unlawful possession of or any unlawful activity pertaining to:
1. Narcotic drugs;
2. Controlled dangerous substances as defined by the New Jersey Controlled Dangerous Substances Act (24:21-1 et seq.);
3. Controlled dangerous analogs as defined by the Comprehensive Drug Reform Act of 1987 (2C:35-1 et seq.);
4. Any prescription legend drug, in any form, which is not a narcotic drug or a controlled dangerous substance or analog, as so defined; or
5. Drug paraphernalia as defined by 2C:36-1.
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 13:2-23.6 - Prohibition against immoral activities; disturbance; nuisance on premises

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall engage in or allow, permit or suffer on or about the licensed premises:
1. Any lewdness or immoral activity or
2. Any brawl, act of violence, disturbance, or unnecessary noise.
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 13:2-23.7 - Prohibition against lottery and gambling; exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall engage in or allow, permit or suffer on or about the licensed premises:
1. The conduct of any lottery;
2. Any ticket or participation right in any lottery to be sold or offered for sale;
3. Any pool-selling, bookmaking or any unlawful game or gambling of any kind;
4. Any slot machine or device in the nature of a slot machine or any other gambling device which may be used for the purpose of playing for money or other valuable thing;
5. Any gambling paraphernalia including, but not limited to, any slip, ticket, book, record, document, memorandum or other writing pertaining in any way to any lottery, pool-selling, bookmaking or unlawful game or gambling of any kind;
6. Any video device, which resembles a game of cards, dice, roulette, or any other game of chance or crane device, which device has not been approved by the Director. In approving a device, the Director must be satisfied that the specific device is an entertainment device and not a gambling device. In reaching this determination, the Director shall consider all factors relating to the operation of the device, including, but not limited to, whether the device can easily be used for or adapted to gambling. A licensee wishing to place such a device on a licensed premises shall request written confirmation from the Director, prior to placement, that the specific device has been previously approved or, if the specific device has not been previously approved, shall request that the Director make such a determination. The approval letter shall be kept on the licensed premises at all times or the device may be deemed to be unapproved; or
7. Any raffle, drawing, lottery or contest, etc., the prize for which is an alcoholic beverage, without the appropriate permit.
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 13:2-23.8 - Eastern Standard Time change

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On the first Sunday of April of each year, at 2:00 A.M., the clocks in each licensed premises will be advanced one hour in observance of Eastern Daylight Savings Time. The official time will then become 3:00 A.M., and in any municipality having a closing time later than 2:00 A.M., the remaining hours of sale will be calculated accordingly.
(b) On the last Sunday of October of each year, at 2:00 A.M., the clocks in each licensed premises will be turned one hour back in observance of Eastern Standard Time. The official time will be 1:00 A.M., and in any municipality having a closing hour later than 2:00 A.M., remaining hours of sale will be calculated accordingly.
(c) In either case, (a) or (b) above, licensed premises having closing hours of 2:00 A.M. or earlier, will be unaffected.
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 13:2-23.9 - Prohibition against adulterated alcoholic beverages

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall manufacture, transport, possess, sell, barter, give away, offer for sale or furnish any alcoholic beverages adulterated with any foreign or harmful substance or containing any visible fruit flies or other insect matter. Notwithstanding, to the extent permitted by Federal law, tequila containing the agave worm shall not be deemed in violation of this provision.
(b) If, at the time that a violation of (a) above is discovered by an enforcing agency, the violative container is either sealed or equipped with a pouring spout containing a screen designed to prevent the ability of fruit flies and/or other insects from entering the container, then the enforcing agency shall direct the licensee to empty the violative container. Licensees shall immediately comply with this directive. Compliance with the directive shall result in no administrative charges for this violation.
(c) Nothing in this section shall prohibit licensees from storing and temporarily retaining such beverages for purposes of returning same to a 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 13:2-23.10 - Restriction upon receiving prohibited deliveries of alcoholic beverages

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall receive, possess or sell any alcoholic beverage transported into this State in violation of N.J.A.C. 13:2-20 and 13:2-21.