Notice of Charges Division of ABC
NJ Liquor License Attorney
Pursuant to a New Jersey Attorney General Directive, state and local police departments are required to complete a “Last Drink Report” for Driving While Intoxicated (DWI) cases. These reports are then forwarded along to the Division of Alcoholic Beverage Control. The Division reviews these reports to determine with a bar, restaurant, liquor store, brewery or winery were the last to serve the individual. If it is determined that the individual was served or consumed an alcoholic beverage while being “actually or apparently intoxicated” then charges may be filed against your liquor license. Moreover, should a fatality occur, either as a result of a car accident or otherwise, the Division may attempt to revoke your license.
If you received a Notice of Charges from the Division of Alcoholic Beverage Control or from you local municipal governing board, contact the ABC liquor law attorneys at 732-858-5857. Our alcoholic beverage control department is headed firm partner and former Deputy Attorney General with the Division of Alcoholic Beverage Control, William C. Fay, IV. He has prosecuted these types of cases for the State and knows exactly how to defend protect your license in your case.
N.J.A.C. 13:2-23.1(b) Sale to an Intoxicated Person Involving a Fatality
Pursuant to N.J.A.C. 13:2-23.1(b), “No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person actually or apparently intoxicated, or permit or suffer the consumption of any alcoholic beverage by any such person in or upon the licensed premises.” Basically, as a licensee you are at the mercy of your employees and the patrons and their actions. Even if a customer at your bar were to purchase two drinks and share one with an intoxicated person, you could held liable for serving an Intoxicated Patron.
Penalties for Serving an Intoxicated Patron N.J.A.C. 13:2-23.1
The presumptive penalty for Service to an Intoxicated Patron varies depending the licensee’s violation history. Specifically, a first offense carries a 15-day suspension; a second offense carries a 30-day suspension; a fourth offense carries a 45-day suspension and a fourth offense results in REVOCATION. However, the Director of ABC reserves the right to aggregate or enhance your charges when imposing penalty. Most commonly, a charge under N.J.A.C. 13:2-23.1 that involved a fatal car accident will cause the Division of Alcoholic Beverage Control to seek REVOCATION of your liquor license. Call today to find out how we can assist you with your Notice of Charges.
Case Law Division of Alcoholic Beverage Control v. M.A.G. Entertainment, LLC
This case demonstrated the Director of ABC’s ability to revoke a retail consumption license where an intoxicated patron was served and then forcibly removed from the bar. Neither the bar owners nor their employees monitored this intoxicated patron to ensure that he did not operate a motor vehicle, which the patron subsequently did. He later crashed the vehicle, killing two people and injuring two others. Based on these aggravating circumstances (death and serious injury), the license was revoked. This ruling should serve as a warning to other bars and restaurants throughout New Jersey.
New Jersey ABC Attorneys
Call today for your consultation with a liquor licensing attorney. Our firm can offer the coveted experience of a former New Jersey Deputy Attorney General from the Division of Alcoholic Beverage Control. He will sit with you to analyze your case and walk you through the process step-by-step. Do not let the ABC suspend or revoke your license. Allow us to evaluate you case and strategize to create a strong defense.
