New Jersey ABC Lawyers
The Alcoholic Beverage Control Law prohibits a manufacturer, supplier or importer from having an interest, directly or indirectly, in a retail license in New Jersey or in the retailing of alcoholic beverages. This prohibition also applies to solicitors. Furthermore, the “tied-house” restrictions limit what activities and services a solicitor or salesperson can undertake on a retail licensed premises or for a retail licensee. The general premise rests on the separation of the tiers between manufacturers, wholesalers and retailers.
As a solicitors, you may violate these restrictions, whether knowingly or unknowingly, in an effort to compete with other solicitors. If you are caught violating any of the provisions, including but not limited to: N.J.S.A. 33:1-52, N.J.A.C. 13:2-16.11(a), N.J.A.C. 13:2-16.11(c), N.J.A.C. 13:2-16.12, N.J.A.C. 13:2-16.11(b); then you may have your solicitor’s permit revoked. Moreover, your employing wholesaler may also face charges as they are strictly liable for the solicitor’s actions.
If you are a solicitor or wholesaler who are facing an investigation or charges involving solicitor violations under New Jersey ABC law, call the ABC attorneys at Proetta, Oliver & Fay. Former ABC Deputy Attorney General, William C. Fay, IV, is available to consult with you on any ABC matter. Call 732-858-5857 today.
N.J.A.C. 13:2-16.11
Pursuant to N.J.A.C. 13:2-16.11:
“(a) No holder of a solicitor’s permit shall, in the State of New Jersey, offer for sale or solicit any order for the purchase or sale of any alcoholic beverage other than to the extent duly allowed and permitted by law and by the New Jersey license of his or her employer.
(b) No hodler of a solicitor’s permit shall directly or indirectly engage in any conduct prohibited under Title 33 or any regulations promulgated thereunder, nor shall such a person sell solicit or deliver alcoholic beverages at a price or upon terms or conditions or under promotions or contests not contained in his or her employer’s “Marketing Manuel” and “Current Price List.”
(c) No holder of a solicitor’s permit shall offer for sale or solicit any order for the purchase or sale of any alcoholic beverage, or receive any commission or compensation, directly or indirectly, based on sales to any retail license in which an immediate family member of the solicitor has any direct or indirect financial interest or participates in the operation thereof.”
Penalties for Solicitor Violations
If you are charged with and convicted of a solicitor violation, the penalties are as follows:
N.J.S.A. 33:1-52, N.J.A.C. 13:2-16.11(a), and/or N.J.A.C. 13:2-16.11(c): “Solicitor offered an order of alcoholic beverages for purchase or sale, other than allowed by law and the license of employer and/or to retail licensee with family member involved”
- First Offense – 15-day suspension
- Second Offense – 30-day suspension
- Third Offense – 45-day suspension
- Fourth Offense – Revocation
N.J.A.C. 13:2-16.12: “Solicitor employed by or connected in business capacity to a retail licensee”
- First Offense – 15-day suspension
- Second Offense – 30-day suspension
- Third Offense – 45-day suspension
- Fourth Offense – Revocation
N.J.A.C. 13:2-16.11(b): “Solicitor offered a cash rebate, free goods or other incentive not contained on Current Price List”
- First Offense – 30-day suspension
- Second Offense – 60-day suspension
- Third Offense – 90-day suspension
- Fourth Offense – Revocation
For more information, call the ABC Solicitor’s Permit attorneys at Proetta, Oliver & Fay. Firm Partner and former New Jersey ABC Deputy Attorney General, William C. Fay, IV, can be reached at 732-858-5857.
