ABC Lawyers in Toms River, NJ
Toms River has numerous liquor license establishments, including restaurants, bars, liquor stores, pocket licenses, and club licenses. Each of these liquor licenses are owned and operated under a trade name more commonly known to the public. For those who own liquor licenses, you are likely familiar with the municipal and state agencies that oversee the issuance, transfer and regulation of Toms River Liquor Licenses. These agencies include the NJ Division of Alcoholic Beverage Control, Toms River Municipal Governing Body, Toms River Police Department and the New Jersey Division of Taxation (tax clearance issues). Whether you currently own a liquor license or are seeking to purchase a New Jersey Liquor License, it is imperative that you remain cognizant of the complex regulatory and statutory laws regarding liquor license ownership.
William C. Fay, IV, Esq., is a Partner here at Proetta, Oliver & Fay who leads of Alcoholic Beverage Law Practice Group. Mr. Fay spent part of his career as a Deputy Attorney General with the Division of Alcoholic Beverage Control in New Jersey and has experience handling the prosecution and regulation of liquor licenses throughout the State, including Toms River. If you or your business are facing a Notice of Charges, Liquor License Suspension, Renewal Denial, Late Renewal Petition or any other liquor license issue, please contact our office directly at (732) 858-5857.
How Can I Fight ABC Charges in Toms River?
For bars, restaurants, liquor stores, clubs, breweries and distilleries, a Notice of Charges for a ABC violations and a Proposed Suspension can be devastating to your business. These investigations can either be done covertly or involve an open investigation into your books of accounting and sales. In any event, administrative charges for violating New Jersey’s liquor license laws can carry anywhere from a 15-day suspension, up to an outright revocation of your license. Generally, you are entitled to a 30-day period to review and file a plea of either (1) guilty, (2) not guilty or (3) non-vult. Before entering any plea, it is important that you carefully review the charges against you and consult with a New Jersey ABC Attorney who can properly protect you and your license. You must also remember that any guilty plea or non-vult plea will remain on your license’s “record” and could enhance any future charges filed against you or result in the denial of your license renewal application.
How Do I Transfer a Liquor License in Toms River?
Buying or Selling a liquor license between two private parties is only the first step of the process. You must also submit a 12-page license application with the Toms River ABC Board and successfully complete a background investigation process from the Toms River Police Department. Any issue that may be uncovered during the town’s investigation into the transfer and eligibility of new ownership can result in the denial of the liquor license transfer.
Additionally, you must thoroughly research and determine whether the license you are buying has any pending disciplinary proceedings, adverse investigations or credit compliance issues.
Furthermore, you must be careful to when submitting any proposals for operation of the newly acquired license. Should you enter into a lease or arrangement that violates ABC law (i.e. Undisclosed Interest, Criminally Disqualified Licensee), then you could face serious consequences or even criminal charges.
Am I Eligible to Buy a Liquor License in Ocean County?
There are a variety of factors that will be considered by both the municipal licensing authority and the NJ Division of ABC. Of particular concern is the licensee or its shareholders criminal history. For those individuals who have been convicted of a criminal offense in New Jersey or elsewhere, you are ineligible to own, operate or be employed at a liquor license establishment. However, there are certain exceptions or waivers that can be obtained through filings with the Division of ABC to avoid this issue. For more information on obtaining a Criminal Disqualification Removal, please contact our office.
ABC Law Attorneys in New Jersey
Proetta, Oliver & Fay’s Alcoholic Beverage Law Practice Group is headed by Former NJ Deputy Attorney General, William C. Fay. With a plethora of experience handling the regulatory and criminal aspects of New Jersey’s liquor laws, Mr. Fay is well-prepared to assist you or your business. For an immediate consultation with Mr. Fay today, contact our office directly at (732) 858-5857. Please do not hesitate to call with any questions or concerns you may have regarding a liquor license in Toms River, New Jersey.