On November 9, 2006, Frederick Voss was injured when his motorcycle collided with a vehicle operated by Kristoffe Tranquilino in Toms River, New Jersey. Voss, whose blood alcohol content was nearly two and a half times the legal limit at .196, pled guilty to DWI. Mr. Voss then filed a dram shop claim against Tiffany’s Restaurant, alleging that before the accident they had served him alcohol even though he was visibly intoxicated. Historically, dram shop acts make establishments which sell alcoholic drinks to visibly intoxicated patrons strictly liable to anybody injured by the drunken patron. N.J.S.A. 2A:22A-1 to -7, New…

Read The Full Article…

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…

Read The Full Article…

In the recent unpublished Superior Court of New Jersey, Appellate Division case of North Star Saddle Brook Management, LLC v. Township of Saddle Brook and NJ Division of ABC, Docket No. A-3009-09T3, the Court summarized the procedure to be followed for a municipality to issue a new plenary retail consumption liquor license. The Director of the New Jersey Division of Alcoholic Beverage Control found that the Township of Saddle Brook had no legal obligation to consider North Star’s application. The Director stated in his decision that before a new license is issued, the municipality must determine, by ordinance or resolution,…

Read The Full Article…

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…

Read The Full Article…

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…

Read The Full Article…

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,…

Read The Full Article…

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…

Read The Full Article…

Though it may be tempting for business owners of retail liquor licenses throughout New Jersey to purchase the alcohol they sell at their own establishments from any number of sources, New Jersey ABC regulations largely prohibit business owners from doing so. According to New Jersey Administrative Code 13:2-23.12(a), a retail licensee shall purchase alcoholic beverages only from a manufacturer or wholesaler. Otherwise a special permit must first be obtained. Generally the sale of alcoholic beverages from one retail to another is prohibited by N.J.A.C 13:2-23.12(b), unless there is a passage of title from transferor to transferee, in which case once…

Read The Full Article…

Interests In New Jersey Liquor Licenses Must Be Disclosed

New Jersey law requires that every individual who has an interest in an alcoholic beverage license be disclosed, unless the interest is less than one percent of the stock of the corporation. See N.J.S.A. 33:1-25. In order to make these disclosures, the license holders must disclose the individuals by completing page 10A of the retail license application, wherein they give the name, address, date of birth, social security number and the driver’s license state and number of every individual with more than a one percent interest in the license. Additionally, included in the application must be the nature of the…

Read The Full Article…

A frequently recurring issue involved in the sale of alcohol and the licenses granted to do so is the distance required between establishments holding liquor licenses located in the same municipality. Municipalities differ in the amount of distance required in between establishments holding liquor licenses; the allocated distance will vary from town to town. For instance in Point Pleasant Beach Borough, located in Ocean County, New Jersey, a distance of five hundred feet in between liquor selling establishments- including manufacturers and wholesalers- is generally required according to Municipal Ordinance Chapter 4-3.3(a). In the event that two premises holding licenses to…

Read The Full Article…

 Page 2 of 3 « 1  2  3 »