NJ Wholesaler Solicitor’s Permit
New Jersey ABC Attorney
Pursuant to New Jersey’s ABC regulations, No individual shall offer for sale of solicit any order for any alcoholic beverage unless that person holds a solicitor’s permit. A solicitor’s permit is only required for employees of the license, as individual licensees and license members may solicit and sell alcoholic beverages by virtue of their involvement in the license. This permit is issued by the Director of the Division of Alcoholic Beverage Control and must be renewed on an annual basis (May 31st). Failure to renew will result in the loss of your solicitor privileges. For assistance in obtaining and filing for a solicitor’s permit or representation based on violations under N.J.A.C. 13:2-16.11 or N.J.A.C. 13:2-16.14, call the New Jersey ABC liquor law attorneys at 732.858.5857.
Am I Eligible for a Solicitor’s Permit?
Solicitor’s permits may only be issued to bona fide solicitors of Class A (Manufacturer) or Class B (Wholesaler) licensees. To be eligible for a solicitor’s permit, you must satisfy the following requirement:
- No solicitor’s permit may be issued to any person whose immediate family member has any direct or indirect interest or participates in the operation of a retail license;
- “Immediate family member” includes husband, wife, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, father, mother, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, and daughter-in-law
- Exception: those individuals who held a solicitor’s permit prior to October 1, 2010, may maintain their permit even if they have an immediate family member involved in a retail license
- No solicitor’s permit may be issued or held by any person charged or entrusted with the enforcement of laws concerning alcoholic beverages in any manner whatsoever
- Exception: members of a municipal governing board may hold a solicitor’s permit so long as they do not offer for sale or solicit any orders for alcoholic beverages from licensees within their governing municipality
Solicitor Permit Restrictions
The following is a list of restrictions and expectations compliance by any solicitor in New Jersey:
- All solicitors must not violate and regulation under Chapter 2 of the ABC Regulations or Title 33 of the Alcoholic Beverage Control Act;
- No holder of solicitor’s permit may conduct any business or receive any compensation for sales to a retail license in which an immediate family member is involved;
- No holder of a solicitor’s permit may have any interest, directly or indirectly, in any retail license or any business conducted thereunder, not shall they be employed in any capacity with a retail license.
These restrictions apply not only to the solicitor but also the employer. This means that a Class A licensee or Class B licensee will be liable for any violations committed by an individual holding a solicitor’s permit in their employ.
Penalties for Violating N.J.A.C. 13:2-16
For an in-depth break down of ABC charges for solicitor violations, please click here.
Liquor Law Attorneys in NJ
For more information or a consultation with an experience ABC liquor licensing attorney, call 732.858.5857.
