ABC Handbook Archives

Municipalities in New Jersey have the ability to issue new liquor licenses as the population grows. New Jersey municipalities can offer one plenary retail consumption liquor license (used for a bar, tavern or restaurant) for every 3,000 residents. The population has grown significantly enough for Jackson Township to offer such a license. Resolution number 394R-11 outlines Jackson’s intent to sell a liquor license to the highest bidder in a public sale. In order for Jackson to successfully execute the public sale, it will adhere to the strictures of N.J.S.A. 33:1-19.3 and N.J.S.A. 33: 1-19.4. The Title 33 statutes outline the…

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What is a Person-to-Person Transfer Under NJ ABC Law?

The initiation of a person to person transfer of a New Jersey liquor license is started by the filing of a complete 12 page application form and the required filing fees with the municipality. Thus, until a transfer has been approved by resolution, only the current licensee may operate the licenses business. Typically, a request for a person to person transfer is initiated by the entity seeking to acquire the license. After filing, the transferor must place a public notice in a newspaper of local circulation that states the name of the transferor, the trade name and address of the…

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NJ ABC (Alcoholic Beverage Control) Law. What is a Brew Pub?

The New Jersey Alcoholic Beverage Control (ABC) Law refers to brew pubs as a “Restricted Brewery License.” This license allows the manufacture of malt alcoholic beverages so long as they produce less than 3,000 barrels per license term. Restricted Brewery License The ABC also requires that this “Restricted Brewery License” only be issued to a person who also owns a Plenary Retail consumption license. Furthermore, this person must utilize the two licenses in conjunction with each other. Meaning that they operate a restaurant regularly and principally use the license for the purpose of providing meals to its customers and having…

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Much of New Jersey’s laws from the Department of Law & Public Safety: Office of the Attorney General: Division of Alcoholic Beverage Control (ABC) deal with how and with what methods bars (retail licensees) may offer complimentary drinks. The general rule is that a licensee cannot sell any alcoholic beverage, whether in original package or by the drink, which would fall below the cost of that beverage to the retail licensee. Cost to the retail licensee is determined by the actual total price on the invoice from the wholesaler. This price shall include all applicable taxes. Then, the cost of…

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Given the recent spike of underage drinking, fake ID, and other related charges written in Monmouth County and Ocean County, it is not surprising that liquor license owners, bartenders, and managers are worried. There is a heightened need among owners to hire bouncers, off-duty police officers, and experienced individuals to check ID’s at the door and at the bar because the penalties to the New Jersey liquor license owner for a violation of selling to an underage person can be quite stringent. In a recent article, a Liquor License owner in New Jersey faced charges of selling alcohol to minors….

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The New Jersey Division of Alcoholic Beverage Control has released a revised Alcoholic Beverage Control Handbook for retail licenses. The revised April 2011 ABC handbook is available at the New Jersey ABC website. The last revision was November 2010. See this link to download the April 2011 Handbook: http://www.nj.gov/oag/abc/downloads/abchandbook02.pdf New Jersey Class C Plenary Retail Licensees are required to have a copy of the ABC Handbook for Retail Licensees kept on the licensed premises and available for all employees. For a list of other documents required to be kept on the licensed premises see this link for the: Self-Inspection Check…

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The New Jersey Division of Alcoholic Beverage Control has released a revised Alcoholic Beverage Control Handbook for retail licensses. The revised November 2010 ABC handbook is available at the New Jersey ABC website. See this link to download a copy: New Jersey ABC Handbook. New Jersey Class C Plenary Retail Licensees are required to have a copy of the ABC Handbook for Retail Licensees kept on the licensed premises and available for all employees. For a list of other documents required to be kept on the licensed premises see this link for the: Self-Inspection Check List for Class C Plenary…

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Penalties For Violations Of New Jersey ABC Laws

One penalty for violating New Jersey ABC laws is an Order of Suspension. An Order of Suspension prohibits the license holder from selling any alcohol on the premises for the duration of the suspension of their license and also prohibits the license holder from serving, delivering or permitting the consumption of alcohol on their premises. The only exceptions to this rule are if the license holder has obtained written permission of the A.B.C. Director to return alcoholic beverages to wholesalers or manufacturers, and there is also an exception provided for the storage of alcoholic beverages on hand at the license…

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For years local New Jersey wineries have enjoyed advantages over their out of state counter parts when selling wine to locals and when dealing with their competition. That appears to have been changed by a ruling of the United States Court of Appeals for the Third Circuit. In Freeman v. Corzine the Court held in an opinion filed December 17, 2010 that New Jersey Alcoholic Beverage Control laws permitting only in-state wineries to sell directly to retailers and consumers in facially discriminatory in violation of the dormant Commerce Clause. See New Jersey Statute 33:1-10(2a) and (2b). The provision allowing in-state,…

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It is within the power of the New Jersey Alcoholic Beverage Control to enter establishments selling alcoholic beverages through their retail liquor licenses and request to see their accounting and record keeping books. In the busy day to day activities of running an establishment many New Jersey liquor license owners may not always remember to update their records and this, which may seem like a harmless error, could harm their business in both the short and long term. N.J.A.C. 13:2-29.4 deals with the administration and rules regarding record keeping on an alcoholic beverage selling premises and states that unless specificed…

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