Liquor Store ABC License
N.J.S.A. 33:1-12
A Plenary Retail Distribution License (“44”), more commonly referred to as a liquor store license, permits only the sale of alcoholic beverages in original containers for consumption off the licensed premises (package goods). These licenses are highly valuable in certain municipalities as alcoholic beverages have long been considered to be “recession-proof.” Generally, a retail distribution license will permit the licensee to conduct other mercantile or commercial activity on the licensed premises. However, Plenary Retail Distribution licenses are subject to the Alcoholic Beverage Control Act and New Jersey’s Alcoholic Beverage Control Regulations. This means that you must remain in strict compliance with these rules and regulations at all times. Failure to do so may result in a Notice of Charges and a subsequent suspension of your liquor license or possibly an outright revocation.
Whether you are seeking to purchase/sell a liquor license or you would representation in response to a Notice of Charges you have received from the Division of Alcoholic Beverage Control, the law firm of Proetta, Oliver & Fay can help. Our ABC and Liquor Licensing practice is headed by former Alcoholic Beverage Control Deputy Attorney General, William C. Fay, IV, Esq. He will gladly consult with you regarding your pending matters. Call 732.858.5857 today and schedule your case evaluation with Mr. Fay.
Population Cap Restrictions for Plenary Retail Distribution Licenses
Only one Plenary Retail Distribution License may be issued for each 7,500 of population in a municipality. This population number is determined by the most recent federal consensus. There is an exception to the cap, insofar as those plenary retail distribution licenses that were in existence prior to the enactment of the cap were grandfathered. This means that those licenses in excess of the cap will continue to exist but if they are ever revoked, then those licenses may not be reissued by the municipality.
How Can I Have a Liquor Store Tastings?
Retail Distribution licensees are permitted to conduct consumer wine, beer, and spirits tasting events and samplings on a complimentary basis. These tasting are heavily restricted in how they may be conducted and require that notice be provided to the ABC well in advance of any on-premise tastings. Contact our office for more information on how you can schedule a tasting at your retail distribution license.
NJ Liquor License Attorneys
As a Retail Distribution License, you are subject to the authority of your local municipal authority. This authority will either be you local council members or an appointed ABC Board (roughly 19 municipalities currently use ABC Boards). The renewal and any restrictions placed on your license are handled by these governing bodies. Not only do they handle renewal, transfers and issuance of licenses, they also are granted the authority to suspend your license for any violations that may occur on the premises. These decisions are generally appealable directly to the Director of Alcoholic Beverage Control. For more information on filing an appeal or how to transfer your license, call 732.858-5857.
