Chat with us, powered by LiveChat

free consultation 24/7

all credit cards accepted

Sale of Alcohol to a Prohibited Receiver

Our Former New Jersey Deputy Attorney General has handled hundreds of ABC cases. Let us put our experience to work for you.

Schedule Consultation

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, 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 complimentary 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 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. 

Contact Us

Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.

PRINCETON OFFICE

100 Horizon Center Boulevard,
Hamilton, NJ 08691

Phone: (609) 789-0779

By Appointment Only

Map and Directions

JERSEY CITY OFFICE

101 Hudson Street, 21st Floor,
Jersey City NJ 07302

Phone: (201) 793-8018

By Appointment Only

Map and Directions

CRANFORD OFFICE

20 Commerce Drive, Room 135
Cranford, New Jersey 07016

Phone: (908) 838-0150

By Appointment Only

Map and Directions

EDISON OFFICE

3840 Park Avenue, Suite 202A
Edison, New Jersey 08820

Phone: (732) 659-9600

By Appointment Only

Map and Directions

MIDDLETOWN OFFICE

18 Kings Highway, Suite 109
Middletown, NJ 07748

Phone: (732) 858-6959

By Appointment Only

Map and Directions