Demand for Documents from the New Jersey Division of Alcoholic Beverage Control
The New Jersey Division of Alcoholic Beverage Control and its Director are afforded a significant amount of authority over every New Jersey Liquor Licenses. One of those powers is the ability to demand documents from licensees, permit holders (including solicitors), and employees of licensees. Generally these demands will be signed by the Director of ABC and issued by a Deputy Attorney General. They will set forth a “Schedule” of documents that are being requested and a time frame under which the must be provided to the Division. If you have been served a Demand for Documents, then it is imperative that you understand exactly what is being required of you or your license. The attorneys at Proetta, Oliver & Fay specialize in ABC laws and regulations. Former Deputy Attorney General of ABC, William C. Fay, IV, heads our Alcoholic Beverage Law Practice and can advise clients on how to handle these demands, as he was once in the individual who filed them on behalf of the State. For an immediate consultation, call 732.858.5857 today and speak with an attorney.
What is a Demand for Documents in New Jersey?
Pursuant to N.J.S.A. 33:1-35:
“The Director of the Division of Alcoholic Beverage Control and each other issuing authority may make, or cause to be made, such investigations as he or it shall deem proper in the administration of this chapter and of any and all other laws now or which may hereafter be in force and effect concerning alcoholic beverages, or the manufacture, distribution or sale thereof, or the collection of taxes thereon, including the inspection and search of premises for which the license is sought or has been issued, of any building containing the same, of licensed buildings, examination of the books, records, accounts, documents and papers of the licensees or on the licensed premises.
Every applicant for a license, and every licensee, and every director, officer, agent and employee of every licensee, shall, on demand, exhibit to the director or other issuing authority, as the case may be, or to his or its deputies or investigators, or inspectors or agents all of the matters and things which the director of the division or other issuing authority, as the case may be, is hereby authorized or empowered to investigate, inspect or examine, and to facilitate, as far as may be in their power so to do, in any such investigation, examination or inspection, and they shall not in any way hinder or delay or cause the hindrance or delay of same, in any manner whatsoever. Investigations, inspections and searches of licensed premises may be made without search warrant by the director, his deputies, inspectors or investigators, by each other issuing authority and by any officer.”
What Happens If I Do Not Comply with a Demand For Documents?
Under N.J.A.C. 13:2-23.30, a license may be served with a Notice of Charges including a violation for Hindering for failure to comply with a Demand for Documents. Depending on the number of prior violations and severity of the case, you or your license may be facing anywhere from a 45-day suspension, up to a total revocation of your license.
NJ Division of ABC Liquor Law Attorneys
Call 732.858.5857 today and speak with an experienced ABC attorney about your Demand for Documents or Demand for Testimony today.
