New Jersey Municipal ABC Liquor License Attorney
How to Appeal a Municipal Liquor License Ruling?
If the renewal or transfer of your license is denied or if special conditions are placed on your license, you may file an appeal to the Director of the New Jersey Alcoholic Beverage Control (ABC). The statute of limitations to file this appeal is 30 days after your received notice of the decision or action. An appeal is made by filing a document called a “Notice and Petition of Appeal” together with a filing fee with the Division of A.B.C. A copy of the Notice and Petition of Appeal must be served on the municipal licensing authority. Proof of this service must be provided to the Division of ABC. At the time such an appeal is filed, the ABC Director can extend the license privilege until the appeal is completed or stay (postpone the effective date of) the conditions or action appealed from if good reason is shown for the Director to do so. Failure to properly execute an appeal of the municipal decision could subject you and your license to the initial decision. For assistance with your liquor license matter, contact (732) 858-5857 today. We can represent you at your hearing and file an appeal on your behalf. Even if we cannot overturn the initial decision, we may be able to amend the penalty from a license suspension into a monetary fine or “hung days.” Call today and learn how we can help protect your liquor license.
Denial of a Liquor License Renewal Based on Non-Action
If your municipal governing board fails to act on a renewal (either intentionally or unintentionally) within 90 days after the expiration of the previous license term, within 45 days on an application for a new license or within 60 days on an application for a transfer, this failure to act may be considered a denial. However, you must have properly filed your documentation for either renewal, application or transfer before the municipality can even act on your matter. The same appeal procedure is available to a person whose application for a new license or transfer has been denied or to a person who objects to the issuance or renewal of a license or to its transfer. In such cases, however, no temporary extensions or stays will be granted while the appeal is being heard. Detailed rules governing appeals are found in N.J.A.C. 13:2-7 and N.J.A.C. 13:2-17.
What is a Notice and Petition of Appeal?
If filed properly, a Notice and Petition of Appeal will contain the following information:
- The name, address and license number of the person filing the appeal;
- The name and date the municipality took action;
- The violation and penalty imposed;
- The error, mistake or abuse of discretion claimed to have occurred;
- The relief requested and
- A copy of the Resolution the appeal is being made from.
This information will generally require a more specific discussion as to the legality of the decision. An understanding of ABC case law is necessary to adequately and successfully file any appeal with the Division of Alcoholic Beverage Control.
NJ Liquor Law Attorneys
Do not wait to file your appeal. Time is of the essence and you may lose your ability to appeal the decision based on inaction. ABC appeals are unique in New Jersey. Few attorneys focus their practice on New Jersey’s liquor laws. Here at our firm, we have the experience of former Deputy Attorney General from the Division of Alcoholic Beverage Control. He spent part of his career helping craft the very law he is now defending clients against. Call (732) 858-5857 today and find out how we can help.
