New Jersey ABC Liquor License Attorneys
New Jersey Retail Licenses may only purchase from duly licensed wholesalers (or manufacturers in certain instances). This is in accordance with New Jersey’s three-tiered system originally put in place by the Alcoholic Beverage Control Act. The Alcoholic Beverage Control Act is further regulated under Title 13, Chapter 2 of the New Jersey Administrative Code. Specifically, N.J.A.C. 13:2-23.12(a) prohibits any retail consumption or retail distribution license from purchasing alcoholic beverages from another similarly situated plenary retail license. Failure to abide by these regulations may result in a suspension of your liquor license. If you received a Notice of Charges from the Division of Alcoholic Beverage Control or your Local Municipal Governing Board, contact the ABC liquor law attorneys at (732) 858-5857. Our firm has experience representing manufacturers, wholesalers and retail licensees throughout New Jersey. Allow us to put our experience to work for you and your license.
N.J.A.C. 13:2-23.12 Receiving Alcoholic Beverages From a Prohibited Source
Pursuant to ABC regulation, no retail licensee shall purchase or obtain any alcoholic beverage except from the holder of a New Jersey manufacturer’s or wholesaler’s license or pursuant to a special permit first obtained from the Director of Alcoholic Beverage Control. Furthermore, absent a bulk sale permit, the purchase of alcoholic beverages by one retailer from another and sale of alcoholic beverages by one retailer to another are prohibited.
We understand that for most liquor stores, also known as plenary retail distribution licensees, it can be near impossible to know if you are selling to another licensed liquor store, bar or restaurant. However, because ABC violations are prosecuted under strict liability, it is irrelevant whether or not you, as the seller, were aware that the purchaser was another licensed entity. Nevertheless, there are statutory defenses available in certain instances. To determine whether or not a defense may be effectively raised, call (732) 858-5857 today and speak with an attorney.
New Jersey Penalties for N.J.A.C. 2-23.12
If you are charged civilly under N.J.A.C. 2-23.12, you will be subject to the following penalty schedule, pursuant to N.J.A.C. 13:2-19.11,
- First Offense carries a presumptive 10-day liquor license suspension
- Second Offense carries a presumptive 20-day liquor license suspension
- Third Offense carries a presumptive 30-day liquor license suspension
These penalties are subject to enhancement based on additional charges or aggravating factors. For example, if you are also charged with Failing to Maintain Books, under N.J.A.C. 13: 2-23.32, or Failure to Maintain Invoices, under N.J.A.C. 13:2-20.4, then you will be facing at least an additional 30-day suspension.
Liquor License Attorneys in NJ
If you or your company-owned liquor license are facing charges for violating ABC laws, contact the ABC liquor license attorneys at Proetta, Oliver & Fay. Our Liquor Law practice is spearheaded by former ABC Deputy Attorney General, William C. Fay, IV. Esq. Having spent part of his career prosecuting on behalf of the State, Mr. Fay is well-equipped to represent you in against any ABC charges. Call (732) 858-5857 today for your free initial consultation with our office.