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NJ Liquor License Attorney

Consumption License Has Majority of Charges Dismissed at Hearing

Recently, I was retained in a liquor license suspension hearing involving a Hudson County Retail Consumption License. The Licensee was issued a Notice of Charges for six (6) different ABC violations. In total, the licensee was facing a suspension of their liquor license for roughly 100-days. As you might imagine, the prospect of losing your liquor license for over three (3) months would be a death sentence to this individual’s business. During the course of my investigation and representation, I was able to identify multiple shortcomings in the State’s case and use this to negotiate a Consent Order that was favorable to my client on the eve of the Municipal Hearing.

Hudson County Liquor License Attorneys

The specific charges that were filed against this licensee involved the following alleged violations: (1) Violation of City Ordinance, (2) N.J.A.C. 13:2-23.6(a)(3) – Brawl or Act of Violence, (3) N.J.A.C. 13:2-23.6 – Nuisance, (4) N.J.A.C. 13:2-23.32 – Failure to Maintain Books of Accounting, (5) Violation of City Ordinance, and (6) N.J.A.C. 13:2-23.32 – Failure to Maintain Books of Accounting. Moreover, the licensee had resolved prior alleged violations roughly one year prior without the assistance of counsel. Because of these prior offenses, many of the current charges qualified as “second offenses” and triggered enhanced penalties.

However, the State created multiple procedural deficiencies in their Notice of Charges and their case-in-chief. These failures, while likely unidentifiable to licensees or attorneys who lack experience in liquor laws, proved fatal to the underlying charges. Through multiple pre-hearing conferences, I was able to negotiate a consent order that reduced the proposed license suspension by more than 85 days and resulted in the outright dismissal of four (4) of the original six (6) charges. Moreover, I was able to further obtain a delayed suspension date to avoid conflict with my client’s “busy period”.

Liquor License Suspension Lawyers in Hoboken NJ

William C. Fay, IV, Esq., is a former New Jersey Deputy Attorney General with the Division of Alcoholic Beverage Control. Mr. Fay spent has spent a majority of his career prosecuting and defending ABC charges and criminal charges throughout the State of New Jersey. Mr. Fay is uniquely qualified to represent you or your business in relation to any Division of ABC Investigation, Liquor License Transfer or Municipal Appeal. For an immediate consultation with Mr. Fay, please contact our office directly at (732) 858-5857.

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