N.J.A.C. 13:2-23.6(a)(1) Attorney
Notice of Charges from NJ Division of ABC
For those unfamiliar, New Jersey does not permit liquor license holders to operate as a “nude bar.” That is why “juice bars” allow all-nude entertainment while your typical “go-go bar” or strip club will require partial clothing. These go-go bars and strip clubs typically have liquor licenses that allow for the sale and consumption of alcohol while “juice bars” can only operate as a BYOB (Bring Your Own Beer). However, these liquor license holders who operate a strip club may find that their dancers or employees will violate New Jersey’s ABC regulations in an effort to increase their tips. Specifically, if the entertainment expose their intimate parts or physically engage the patrons in audience participation, you as the licensee may have the Division of ABC seeking a suspension of your liquor license. Depending on the type of violation and the number of prior offenses, you could be facing Revocation of your liquor license.
Our law firm offers a unique specialty in ABC liquor license matters. Former Deputy Attorney General, William Fay, spent part of his career with the Division of Alcoholic Beverage Control. He prosecuted countless Lewd Activity cases for the Division and can offer you insight into how to defend against these serious charges. To protect your liquor license, call 732.858.5857 today and speak with an attorney today.
N.J.A.C. 13:2-23.6(a)(1) Law
Under N.J.A.C. 13:2-23.6(a)(1), “no licensee shall engage in or allow, permit, or suffer on or about the licensed premises any lewdness or immoral activity.” The term suffer means that the State does not need to prove that the license holder was even aware of the conduct. ABC violations are a strict liability offense. The State does not need to prove or demonstrate that you, as the owner of the license, had any knowledge of this lewd activity.
Penalty for Lewd Activity N.J.A.C. 13:2-23.6(a)(1)
Under the penalty schedule, N.J.A.C. 13:2-19.11, the presumptive penalties for Lewd Activity are as follows:
Lewd Activity on Licensed Premises (LEWD1)
- First Offense – 30-day suspension
- Second Offense – 60-day suspension
- Third Offense – 90-day suspension
- Fourth Offense – Revocation
Lewd Activity with Audience Participation on the Licensed Premises (LEWD2)
- First Offense – 45-day suspension
- Second Offense – 90-day suspension
- Third Offense – Revocation
Lewd Activity Case Law – J-Kal, Inc. v. City of Trenton
There are a few seminal cases in regards Lewd Activity Charges in New Jersey. One of those cases is J-Kal, Inc. v. City of Trenton. This matter involved charges brought by the local ABC governing board of Trenton. The decision issued established that physical contact between a patron and a dancer (in this case involving a dancers pelvic area contact) which simulated sexual activity amounted to lewd and immoral conduct under N.J.A.C. 13:2-23.6(a)(1). The officer’s testimony was sufficient to sustain the charges and resulted in a revocation of the licensee’s plenary retail consumption license.
New Jersey ABC Liquor License Attorneys
Contact our offices today at 732.858.5857. We can offer you an understanding of ABC law and regulations based on our prior experiences working for the Division of Alcoholic Beverage Control.
