NJ Division of ABC Notice of Charges
New Jersey is a three tier system. That means you have manufacturers, wholesalers and retailers. Each tier may not purchase from someone within their tier. Outside of certain exceptions (craft breweries, craft distilleries, craft wineries, bulk sale permits), a manufacturer must sell to a wholesaler and a wholesaler must sell to a retailer. Under this system, retailers, also known as a plenary consumption or plenary distribution license, may not buy alcohol from other retailers. Nevertheless, retailer to retailer sales occur all the time. As a restaurant or bar, you may be short on a certain beer or wine and, rather than wait for a wholesale delivery, you run to your local liquor store and restock. If you are found violating N.J.A.C. 13:2-23.12, you will be facing up to a 30-day suspension for just a single purchase. Furthermore, if you make multiple purchases, you could be looking at multiple charges carrying a 10-day suspension each.
If you have received a Notice of Charges from the Division of Alcoholic Beverage Control, call the attorneys who specialize in ABC law. At Proetta, Oliver & Fay, we dedicate part of our practice to ABC regulatory compliance and liquor licensing. Allow our firm Partner, a former Deputy Attorney General with the Division of Alcoholic Beverage Control, to review your case and develop of plan of attack to defend you or your license in your charges. Call 732.858.5857 today for your initial consultation.
N.J.A.C. 13:2-23.12(b) Charges
Under ABC regulation, the purchase of alcoholic beverages by one retailer from another and sale of alcoholic beverages by one retailer to another is prohibited; provided, however, that the passage of title in any alcoholic beverages from the transferor to transferee of a license may be authorized by special permit obtained from the Director.
Penalties for Prohibited Sale of Alcohol 13:2-19.11
If you have been charged with the Sale of Alcoholic Beverages to a prohibited receiver, commonly referred to as retailer to retailer, the State will seek the following presumptive penalties:
- A first offense carries a presumptive penalty of a 10-day suspension
- A second offense carries a presumptive penalty of a 20-day suspension
- A third offense carries a presumptive penalty of a 30-day suspension
These penalties may be increased based on aggravating factors, if any exist in your case (i.e. number of repeat violations, prior history, amount involved and the general egregiousness of your offense). Furthermore, if you are facing additional charges for Failure to Maintain Books, Failure to Maintain Invoices or any other ABC-related charges, you may be subject to an even more significant penalties.
New Jersey ABC Liquor Law Attorneys
Compliance with ABC law and regulations can be difficult for seasoned liquor license owner, let alone someone new to the industry. If you or your business received a Notice of Charges from the Division of Alcoholic Beverage Control or your Local Municipal Authority, action is required. Do not simply plead “non-vult” and accept the suspension. Call Proetta, Oliver & Fay and speak with former the Deputy Attorney General of the Division of Alcoholic Beverage Control, William C. Fay, IV, and find out what he can do for you and your liquor license. Having been involved in the enactment of certain regulations, Mr. Fay knows every facet of ABC law.
