New Jersey Liquor License Attorneys
New Jersey Retail Consumption Licenses are permitted to sell alcohol for off-premise consumption. Most patrons are unaware of this ability as it is rarely advertised or even utilized by most bars and restaurants. However, those who take advantage of this privilege must be wary of the overbearing restrictions and prohibitions for these sales. Without the broad package privilege attached to your license, bars and restaurants must be cautious about their display techniques. If you are subject to an ABC inspection and you are notified of your potential violations, contact our office. We specialize in ABC compliance and we can assist you in correcting any issues. If you fail to respond to the ABC Investigator’s demands, you may be subject to Civil Charges and a suspension of your liquor license, courtesy of the Division of Alcoholic Beverage Control.
Former Deputy Attorney General, William C. Fay, IV, spent his career with the Attorney General’s Office prosecuting cases for the Division of Alcoholic Beverage Control. Call (732) 858-5857 today and allow Mr. Fay to consult with you on your ABC matter.
What is a Broad Package Violation in New Jersey?
Pursuant to N.J.A.C. 13:2-35.4, no licensee without the ‘Broad Package Privilege’ shall, with respect to the public barroom in which he may sell or display for sale alcoholic beverages in original containers for off-premise consumption:
- Display package goods in the principal public barroom other than in an area located behind the bar or on shelving along the perimeter walls of the barroom, which shelving must not exceed two feet in-depth, must be attached to the perimeter walls and run parallel to same, may be located below and around the exterior windows, and may include refrigerated cases, which are located flush and fastened to the wall;
- Maintain a cashier service counter which exceeds more than three percent of the net sales area (with an area 30 inches behind a straight counter being included as part of the counter), nor shall any license maintain such counter, the outside edge of which is located more than five feet from a perimeter wall;
- Maintain folding doors, gates, curtains or other type of separation to be utilized for the purpose of closing off the package goods display area from the remainder of the barroom, except that such area may be roped off to the public during hours when the sale of alcoholic beverages for off-premise consumption is prohibited;
- Permit the public barroom to be obstructed by low walls, screens, filigree, plants, flower boxes, racks, gondolas, movable shelves, fences, stacks of alcoholic beverages, or other mercantile items or merchandise.
Division of Alcoholic Beverage Control v. PCK Enterprises, Inc.
This case, decided in 2005, offers great insight into the type of conduct that is prohibited under N.J.A.C. 13:2-35.4. Specifically, it was ruled that the following were violations:
- Shelving inside of a cooler was a violation as it was not a perimeter wall;
- Small refrigerated cooler sitting on a pedestal was a violation; and
- Stacking of beer cases which obstructed the view of a window constituted a violation.
This is a small sample size of the type of conduct and displaying that would trigger charges from the Division of Alcoholic Beverage Control.
Penalties for N.J.A.C. 13:2-35
The penalties for a Broad Package violation under N.J.A.C. 13:2-35.4 are as follows:
- First Offense carries a 10-day suspension
- Second Offense carries a 30-day suspension
- Third Offense carries a 60-day suspension
Division of Alcoholic Beverage Control Lawyers Asbury Park NJ
Do not let your liquor license be suspended for a display violation. Call the ABC liquor law attorneys at 732.858.5857 and speak with an attorney about how we can represent you and your license against the Division of ABC or your local municipal ABC Board.
