N.J.S.A. 33:1-77 Attorney
Charges for Sale to Person Under the Legal Age in New Jersey
New Jersey Liquor Licensees are cautioned about Fake IDs. Illegal enterprises continue to enhance their capabilities in creating Fake IDs that look nearly identical to real Driver’s Licenses and has become increasingly difficult to spot a “fake”. Nevertheless, liquor store clerks, bartenders and bouncers alike are still expected to recognize and deny the sale of alcohol to an underage person, as difficult as that may be. As a former Deputy Attorney General with the Division of Alcoholic Beverage Control, I have worked side-by-side with seasoned investigators who specialize in the identification of counterfeit and fake driver’s licenses. However, even they have been stumped by some of these new “fakes”. While a thorough inspection should be made of any identification presented, and the person presenting it should be carefully questioned and compared to the photograph and written information on the identification, that still not suffice.
If you or your family member has been charged with Sale to Person Under the Legal Age under N.J.S.A. 33:1-77, call (732) 858-5857 today. Our firm can be reached 24/7. Speak with the former Deputy Attorney General for the Division of Alcoholic Beverage Control and find out how he can assist and represent you in your case. Having prosecuted these cases on countless occasions, Mr. Fay is well-equipped to defend you today.
N.J.S.A. 33:1-77 Charges
Pursuant to N.J.S.A. 33:1-77, “anyone who sells any alcoholic beverage to a person under the legal age for purchasing alcoholic Beverages is a disorderly person.” If you are working as a store clerk at a liquor store, you may be arrested and charged with a disorderly persons offense if you are caught selling alcoholic beverages to an underage person. The law is very straightforward. However, as it pertains to liquor license owners, any sale to an underage person by an employee will subject your license to administrative charges. For more information on the administrative aspect, please click here.
What are the Penalties for Sale to an Underage Person, N.J.S.A. 33:1-77?
The penalties for Sale to an Underage Person by a New Jersey liquor licensee is two-fold: criminal and administrative. Firstly, the criminal charges are those of a disorderly persons offense. This means that if you are charged and found guilty, you will be facing up to a $1,000 fine and 6 months in county jail. This is in addition to creating a criminal record and any community service or probation that the judge decides to impose. To avoid this criminal record and other penalties, call (732) 858-5857 today. Our attorneys will gladly represent you our your employee in this matter and will work tirelessly to protect your rights.
For more information on the administrative penalties, please click here.
Affirmative Defense for Sale to an Underage Person
Any person, whether a bartender or sales clerk, who is charged with N.J.S.A. 33:1-77, will have an affirmative defense to the charges if the following circumstances exist:
(1) That the purchaser falsely represented in writing or by producing a photographic identification card issued by this State, another state or the federal government that he was of legal age to make the purchase; and
(2) That the appearance of the purchaser was such that an ordinary prudent person would believe him or her to be of legal age (21 years of age or older); and
(3) That the seller relied in good faith on the written representation or on the false photo identification presented and on the purchaser’s appearance, thereby believing that the individual was 21 years of age or older.
These three (3) criteria must all occur together for the affirmative defense to be applicable. Nevertheless, licensees are encouraged to request alternative types of identification in addition to the photographic identification to verify the true age and identity of the purchaser.
New Jersey ABC Liquor Law Attorneys
Call the New Jersey liquor law attorneys at (732) 858-5857 today. We can assist clients charged criminal and administratively under N.J.S.A. 33:1-77 or any other violations. Our firm can be reached 24/7 and will be happy to sit down and discuss your case.