Do I Need a Lawyer for an ABC Hearing
New Jersey Division of Alcoholic Beverage Control Attorney
Did you received a Notice of Charges from the NJ Division of Alcoholic Beverage Control? Did you local police department and municipal licensing authority file charges against your license? Did the local ABC Municipal Board not renew your license pending a formal hearing? These are just a few of the common scenarios that require formal hearings involving New Jersey liquor license holders. While most license owners have positive relationships with their local municipal counsel, those relationships can sour very quickly when there is a DWI fatality, fight or shooting that occurs on or nearby the premises. In those scenarios, the Division of ABC or the local board may elect to pursue administrative charges or elect not to renew your liquor license without a formal hearing being held. If you own a liquor license in New Jersey or are part of a limited liability company that holds an interest in a license, it is imperative that you find an experienced NJ ABC Attorney to represent you in these situations. Your license could be suspended, revoked or denied renewal in certain instances. For an immediate consultation, please contact our office at (732) 858-5857. We have successfully represented individuals involved in these hearings and can offer you guidance or representation in your matter as well.
What Happens at a Municipal Hearing For Liquor License Charges?
New Jersey Liquor License Hearings are litigated pursuant to title 13 of the New Jersey Administrative Code and subject to the evidentiary rules of Administrative Law. These hearings typically involve denial of a liquor license, pursuant to N.J.S.A. 33:1-22, or special conditions being placed on a licensed, pursuant to N.J.S.A. 33:1-32. In any such hearing, the licensing authority must present its case for non-renewal or special conditions and they must electronically record the entire hearing. Additionally, these hearings do not even need to be evidentiary or trial-type. The municipality can present its case in any variety of manners and these proceedings are typically conducted without much regard for New Jersey’s Court Rules. For these reasons, it is recommended your seek legal counsel to assist you with your case
Can I Appeal a Municipal Hearing Decision?
Yes. Under N.J.A.C. 13:2-17, a licensee may file an appeal of any decision or ruling entered by a local municipal ABC Board or governing council. These appeals must be filed within 30 days of receipt of the resolution or order. If your license was subject to non-renewal, revocation, restrictions or suspension, then you can apply for an extension of your privilege to operate the license/permit into the new term pending the appeal. Under N.J.A.C. 13:2-17.9, the Director of ABC may even “stay” the imposition of any restrictions on a license until the pending appeal is decided. For more information on the appeal process, please contact our office.
NJ Liquor License Lawyers
Firm partner and former NJ Deputy Attorney General, William C. Fay, IV, spent part of his career prosecuting cases on behalf of the Division of Alcoholic Beverage Control. While there, Mr. Fay also advised licensee and the Director on pending matters. Mr. Fay has taken his plethora of knowledge into private practice where he now represents licensees and municipalities in ABC-related matters. For a consultation with Mr. Fay, please contact our office today at (732) 858-5857.