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Nuisance

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Nuisance Charges NJ ABC

N.J.A.C. 13:2-23.6(b)

Pursuant New Jersey Regulation, every liquor licensee must operate its business in an orderly and lawful fashion, so as not to constitute a nuisance. A Licensee’s responsibility under this subsection includes the conduct of the licensee, its employees and patrons, if such conduct is contrary to the public health, safety and welfare.

What is a Nuisance?

What qualifies as a Nuisance under ABC law is question of fact for each case. Generally, events or actions that either affect “quality of life” or require “police intervention” will be treated as a Nuisance violation under 13:2-23.6(b). Case law has expanded our understanding of what the Director of ABC will uphold as being a Nuisance. In Township of Irvington Board of Alcoholic Beverage Control v. Maka, the Director of ABC held that a stabbing outside the licensed premises, which resulted in a large crowd forming, qualified as a violation of the Nuisance regulation. However, it was held that where chairs were thrown and glass broken, requiring police intervention, a nuisance charge would not be upheld on review.

Penalties for Nuisance Violation

Pursuant to N.J.A.C. 13:2-19.11, a licensed business conducted in such a manner to become a nuisance will be subject to the following penalties:

Where the Nuisance involves quality of life (noise, litter, urination and the like) (NUIS1):

  1. First Offense carries a 10-day suspension of your liquor license
  2. Second Offense carries a 20-day suspension of your liquor license
  3. Third Offense carries a 30-day suspension of your liquor license

Where the Nuisance involves police intervention (public safety or rights being violated) (NUIS2):

  1. First Offense carries a 30-day suspension of your liquor license
  2. Second Offense carries a 60-day suspension of your liquor license
  3. Third Offense carries a 90-day suspension of your liquor license
  4. Fourth Offense requires revocation of your liquor license

New Jersey Liquor Law Attorneys

If you or your licensed business have received a Notice of Charges, were subject to a Compliance Inspection or are facing a formal Hearing, contact the New Jersey ABC liquor law attorneys at Proetta, Oliver & Fay. Our practice specializes in ABC regulation and compliance. Firm Partner, William C. Fay, IV, is a former Alcoholic Beverage Control Deputy Attorney General. Call 732.858.5857 today for your complimentary initial consultation.

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