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New Jersey Liquor License 12.39 Petition

Our Former New Jersey Deputy Attorney General has handled hundreds of ABC cases. Let us put our experience to work for you.

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Renewal of Inactive Liquor License New Jersey

Do you have an inactive liquor license that you wish to renew? If your license became inactive on or before over two years ago, then your local issuing authority will not have the jurisdiction to renew your inactive license without a Special Ruling from New Jersey’s Division of ABC. Failure to obtain this ruling and renew your license could result in your license’s “presumptive lapsing.” If you require a petition and Special Ruling pursuant to N.J.S.A. 33:1-12.39, contact the New Jersey ABC liquor license attorneys. Allow us to put our experience to work for you and your license. Our featured partner is a former New Jersey Deputy Attorney General with the Division of ABC. He has the experience to handle any ABC related matter your may have pending.

N.J.S.A. 33:1-12.39 Law

Under N.J.S.A. 33:1-12.39, the following applies:

No Class C license, as the same is defined in R.S.33:1-12, shall be renewed if the same has not been actively used in connection with the operation of a licensed premises within a period of two years prior to the commencement date of the license period for which the renewal application is filed unless the director, for good cause and after a hearing, authorizes a further application for one or more renewals within a stated period of years; provided, however that, if the licensee has been deprived of the use of the licensed premises as a result of eminent domain, fire or other casualty, and establishes by affidavit filed with the director that he is making a good faith effort to resume active use of the license in connection with the operation of a licensed premise then the period of two years provided for in this section shall be automatically extended for an additional period of two years.

Any request for relief under this section shall be accompanied by a nonreturnable filing fee of $100.00 payable to the director.

An inactive license is a license that is not currently open and operating in a licensed premises. If you seek to remain inactive for an extended period of time (beyond one year), then the Director of ABC has the power to issue a Special Ruling, under N.J.S.A. 33:1-12.39, for relief from renewal for multiple terms. If obtained, the Special Ruling will grant relief for multiple “license terms” and prevent the need for yearly Special Rulings for renewal. However, you will still need to file for renewal yearly with your municipal issuing authority.

Verified Petition for a 12.39 Special Ruling

Before you may obtain a Special Ruling from the Division of ABC, you must complete and submit a “Verified Petition” with the Director. A Verified Petition, similar to an affidavit, must set forth the following information, though this is not an inclusive list:

  1. Complete identification of licensee and license number;
  2. Name, address, and phone number where you can be reached;
  3. Date (month, day, and year) license ceased active operations and reasons for inactivity;
  4. Number of license terms for which you request relief; (Be sure to send the proper amount of filing fees.)
  5. Certification that a copy of the Verified Petition was submitted to the municipality, noting the date of such submission;
  6. Specific efforts made to activate the license, or difficulties encountered which prevented activation of license. You should include dates when certain activities occurred so the Director can determine whether there is good cause to authorize a further application for renewal. It is helpful to include with your Verified Petition copies of relevant documents such as dated and signed agreements for sale, listing agreements with real estate agents, etc., as evidence which supports the information submitted;
  7. Prognosis as to when the license will be activated; and
  8. $100 per license term requested for the filing fee of the Verified
  9. Petition. Make sure that you send the proper amount based upon the number of license terms you request. For example, if you qualify and would like to be considered for relief for two (2) years, please submit $200. Payment must be made by personal check, certified check, money order or attorney trust check, made payable to the “N.J. Division of ABC”. Payment must accompany the Verified Petition upon submission to this Division.
  10. A copy of the Verified Petition must be submitted to your municipal clerk at the same time you submit the original to this Division. As noted above, proof that you have submitted a copy of the Verified Petition must be submitted. Acceptable proof includes, but is not limited to, an acknowledgment in your petition confirming your filing with the municipality. If such proof is not included, your Verified Petition will not be acted upon and will be returned to you.

ABC Liquor Law Attorneys New Jersey

Do not let your liquor license lapse and subsequently be unable to renew. Contact the New Jersey ABC Liquor License Attorneys at 732-858-5857. Our firm has the resources to handle all of your liquor license matters.

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