Criminally Disqualified Licensee Attorney
The adage, “your past will come back to haunt you” rings true regarding criminal records in the alcoholic beverage industry. Whether you are an employer who didn’t properly “vet” his employees or a liquor license owner who tried to hide his past transgressions during the application process, the penalties are severe. Under New Jersey ABC law, anyone who has been convicted or found guilty of a crime of moral turpitude, either in this State or another, will be disqualified from owning or being employed by a liquor licensed business. If discovered, you will be facing a suspension of your liquor license and possible restrictions from your local governing ABC board. If you have been charged under N.J.S.A. 33:1-25, N.J.S.A. 33:1-26 or N.J.A.C. 13:2-14.5, call the ABC liquor law attorneys at 732-858-5857. Our ABC practice is headed by former Deputy Attorney General with the Division of Alcoholic Beverage Control, William C. Fay, IV. He has prosecuted hundred of cases on behalf of the Division and knows what methods are effective in mounting a defense to ABC charges.
N.J.S.A. 33:1-25 and N.J.S.A. 33:1-26 Criminally Disqualified Licensee
During the application process, local law enforcement will run a background check on any prospective liquor license owners. At this point you will typically be notified if you are disqualified from owning the licensee based on your criminal history. However, in situation where this either doesn’t occur, or your crime occurs after you obtained ownership, or you’re an Undisclosed Interest, the State may file charges. Under N.J.S.A. 33:1-25 “[n]o license of any class shall be issued to any person under the age of 18 years or to any person who has been convicted of a crime involving moral turpitude.”
What is a crime of moral turpitude? Well, this is a case-sensitive determination, but generally it is any offense that carries the possibility of one year in jail and involves acts of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.
N.J.A.C. 13:2-14.5 Restrictions Upon Employing Criminally Disqualified Persons
Pursuant to ABC law, no licensee shall knowingly employ or have connected with him i any business capacity any person who has been convicted of a crime involving moral turpitude unless the statutory qualification resulting from such conviction has been removed by order of the Director, in accordance with N.J.A.C. 13:2-15, or such person has first obtained the appropriate rehabilitation permit or temporary work letter from the Director.
This charge is different from most other ABC charges in that it is not strict liability. Under 13:2-14.5, the State must prove that you knew that the employee has been convicted of a crime of moral turpitude. However, the State has created a work-around to this known as an employee records “E141”. For more information on your charges or applying for a Temporary Work Permit or Petition for Criminal Disqualification call 732-858-5857.
Penalties for Criminally Disqualified Violations in NJ
The penalties for criminally disqualified persons, under N.J.A.C. 13:2-19.11, differ depending on whether the disqualified person was a licensee (or Undisclosed Interest) or an employee. The following is a breakdown of the respective penalties for charges under N.J.S.A. 33:1-25 and N.J.A.C. 13:2-14.5:
- Criminally Disqualified Licensee
- 1st Offense – REVOCATION
- Criminally Disqualified Employee
- 1st Offense – 30-day license suspension
- 2nd Offense – 60-day license suspension
- 3rd Offense – 90-day license suspension
- 4th Offense – REVOCATION
If you received a Notice of Charges from the Division of Alcoholic Beverage Control or your local municipal governing board, call 732-858-5857. We can work to avoid your suspension and keep your licensed business open and running.
New Jersey Liquor License Disqualification Removal Lawyers
You can avoid these issues by obtaining either a work permit or a disqualification removal, under N.J.S.A. 33:1-31.2 and N.J.A.C. 13:2-15, respectively. These Orders can only be issued by the Director of Alcoholic Beverage Control. Additionally, there are strict requirement on how to file and who is eligible. For more information on how we can file a Petition for Disqualification Removal or a Work Permit, call 732-858-5857. Our firm attorneys can be reached 24/7 for your convenience.