Notice of Charges From Municipal ABC Board
Liquor Law Attorneys
If you received a Notice of Charges from your Local Issuing Authority or ABC Board then your liquor license is at risk. Depending on the underlying charges and your license’s violation history, you could be facing anywhere from a 15-day suspension, all the way up to outright revocation. Regardless of the situation, it is imperative that you seek out and retain competent counsel on your behalf. Liquor Laws and Alcoholic Beverage Control Regulations in New Jersey can be archaic and outdated. For some licensees, it is nearly impossible to comply with these arcane regulations in today’s modern business world. Finding the right attorney who understands both the civil procedure of a Municipal Hearing and the complexities of ABC Laws can be difficult.
Here at Proetta, Oliver & Fay, our firm specializes in New Jersey Alcoholic Beverage Laws. Former New Jersey ABC Deputy Attorney General, William C. Fay, IV, spent his career prosecuting and regulating the very industry in which he now offers private representation. Allow our firm to review your case and plan out the most logical and effective strategy to fight back against your charges. Call (732) 858-5857 today to speak with an attorney about your ABC issue.
Hoboken ABC Board
Responsibility for policing and enforcing the alcoholic beverage control laws of this State (on the retail level) rests with the municipal issuing authority as well as with the Director. The municipality, or ABC Board if one exists in your municipality, may revoke or suspend a license for any valid reason pursuant to New Jersey’s Alcoholic Beverage Control Act. Disciplinary proceedings against the license are commenced by serving the licensee personally (or by certified mail to the licensed premises) with a Notice of the Charges at least five (5) days before the actual hearing date. These charges are typically filed and handled by the local municipal prosecutor.
What is a Notice of Charges?
A Notice of Charges is a document that specifically sets forth the alleged charge and the procedure for entering a “plea” the nature of the charge against the license and advise the license holder that a plea of “guilty.”
What is the Standard of Proof for a Municipal Hearing?
Whenever a hearing is contested, the prosecutor must establish his or her case through testimony and physical evidence. The standard that must be satisfied to sustain a guilty finding is a “preponderance of the credible evidence.” As a licensee, you will have an opportunity to refute the nature of the charges and provide your own testimony/evidence to contradict the prosecutor. The hearing must be stenographically or electronically recorded in order to establish a record. This recording will allow for a record to be reviewed on appeal.
New Jersey ABC Lawyers
If you or your license received a Notice of Charges from your municipal prosecutor or ABC Board, contact the attorneys at Proetta, Oliver & Fay. We have the litigation experience and knowledge of Alcoholic Beverage Laws required to handle such matters. Moreover, if you are seeking to appeal the decision, our firm can file a petition for appeal on your behalf with the Director of the Division of Alcoholic Beverage Control. Call (732) 858-5857 today and speak with an attorney about the merits of your case.
