N.J.A.C. 13:2-23.7 Liquor Law Attorneys
Gambling Charges for a Liquor License
Gambling, whether a criminal enterprise or an off-hand game of cards, is generally not permissible on any licensed premise. The question of what qualifies as “gambling” typically falls on the question of “is it a game of skill or chance.” For instance, a permissible activity would be the holding of a tournament, such as darts or bowling, where skill, and not chance, is the determining factor. If it is a game of chance, then it is likely considered to be gambling under New Jersey ABC law.
Nevertheless, there are exceptions to the general gambling prohibition. Specifically, games or activities, which are licensed under the New Jersey laws dealing with bingo, raffles or lotteries and charity sponsored “casino nights” may be conducted on a licensed premises. Additionally, sweepstakes are permissible, so long as no fee or purchase is required to enter (the prize, however, may not be or include any alcoholic beverage). For example, if the prize is a free meal, that meal may not include alcoholic beverages.
If you received a Notice of Charges for gambling activity that occurred on your licensed premises, call the ABC liquor law attorneys at 732-858-5857. Firm partner and former Deputy Attorney General of the Division of Alcoholic Beverage Control, William C. Fay, IV, spent part of his career prosecuting these very cases for the State. He is well-equipped to represent you as a defendant in your pending matters. Call today for your consultation.
Can I Hold a Superbowl Pool at my Bar?
No. The Division of Alcoholic Beverage Control has ruled that “football pools,” “sports pools”, “March Madness Pools” and “SuperBowl pools” constitute gambling. Any conduct or activity involving these types of pools, whether done by the licensee, an employee or a patron, is in violation of the law and will result in formal charges.
What are Penalties for Gambling Charges on a Liquor License?
New Jersey regulations prohibit 10 different forms of “gambling” conduct. Depending on the type of violation and the number of prior offenses, your presumptive penalty could range anywhere from a 5-day suspension up to a revocation of your license. The respective charges are as follows:
N.J.A.C. 13:2-23.7(c), “failure to notify of placement of approved video game within 48 hours of placement”
- First Offense carries a 5-day suspension
- Second Offense carries a 10-day suspension
- Third Offense carries a 20-day suspension
N.J.A.C. 13:2-23.7(a)(7), “raffling of sealed containers of alcoholic beverages without a permit”
- First Offense carries a 5-day suspension
- Second Offense carries a 10-day suspension
- Third Offense carries a 20-day suspension
N.J.A.C. 13:2-23.7(a)(5), “gambling paraphernalia on the licensed premises”
- First Offense carries a 5-day suspension
- Second Offense carries a 10-day suspension
- Third Offense carries a 20-day suspension
N.J.A.C. 13:2-23.7(a), “non-criminal gambling activity on the licensed premises”
- First Offense carries a 5-day suspension
- Second Offense carries a 10-day suspension
- Third Offense carries a 20-day suspension
N.J.A.C. 13:2-23.7(a), “criminal gambling activity on the licensed premises”
- First Offense carries a 30-day suspension
- Second Offense carries a 60-day suspension
- Third Offense carries a 90-day suspension
- Fourth Offense carries revocation of the license
N.J.A.C. 13:2-23.7(a)(6), “unapproved video device on the licensed premises”
- First Offense carries a 5-day suspension
- Second Offense carries a 10-day suspension
- Third Offense carries a 20-day suspension
N.J.A.C. 13:2-23.7(a)(4), “video or slot machine or other gambling device playing for money or other valuable thing”
- First Offense carries a 30-day suspension
- Second Offense carries a 60-day suspension
- Third Offense carries a 90-day suspension
- Fourth Offense carries revocation of the license
N.J.A.C. 13:2-23.7, “criminal gambling activity on the licensed premises involving an employee”
- First Offense carries a 90-day suspension
- Second Offense carries revocation of the license
N.J.A.C. 13:2-23.7, “criminal gambling activity on the licensed premises involving the licensee”
- First Offense carries revocation of the license
N.J.A.C. 13:2-23.7, “non-criminal gambling activity on the licensed premises involving an employee”
- First Offense carries a 10-day suspension
- Second Offense carries a 20-day suspension
- Third Offense carries a 30-day suspension
- Fourth Offense carries revocation of the licensee
N.J.A.C. 13:2-23.7, “non-criminal gambling activity on the licensed premises involving an licensee”
- First Offense carries a 10-day suspension
- Second Offense carries a 20-day suspension
- Third Offense carries a 30-day suspension
- Fourth Offense carries revocation of the licensee
New Jersey ABC Liquor License Attorneys
For assistance with your matter, call 732-858-5857 today and speak with an attorney.
