New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Subchapter 19 - DISCIPLINARY PROCEEDINGS
Section 13:2-19.11 - Penalty Schedule, definition of violation, successive violations

Universal Citation: NJ Admin Code 13:2-19.11

Current through Register Vol. 56, No. 6, March 18, 2024

(a) This section sets forth penalties for violations of the Alcoholic Beverage Control Act, 33:1-1 et seq., or the rules or orders of the Director promulgated thereunder.

(b) The Director may suspend or revoke a license, even for a first violation.

(c) The term "violation" means each breach of duty or responsibility imposed by the Alcoholic Beverage Control Act or the rules or orders of the Director promulgated thereunder.

(d) Violations by each and every individual shall constitute a separate incident for purposes of calculating the number of violations.

(e) The term "concurrent violations" means violations that occur within the same 24 hour period. The penalties for concurrent violations shall generally be calculated based on the same level of violation, subject to the provisions of (g) below. Notwithstanding the foregoing, the Director may, in the Director's sole discretion, consider aggravating or mitigating circumstances in determining the penalty for each violation.

(f) The term "successive violations" means violations that occur outside of the same 24-hour period. The penalties for successive violations shall generally be calculated based upon the number of violations occurring within a two-year period from the date of disposition of any prior violation(s), subject to the provisions of (g) below. Notwithstanding the foregoing, the Director may, in the Director's sole discretion, consider aggravating or mitigating circumstances in determining the level of violation.

(g) The penalty for a second, third or fourth violation shall only be imposed if the licensee has been notified of the prior violation or violations, before the additional violation is charged. Such notice may be provided by service of a Notice of Charges or the receipt of a written notice from an investigating officer that a violation has occurred, which may be presented to the licensee or other employee at the licensed premises, or other reasonable form of notice. Notwithstanding the foregoing, if violations are discovered during an undercover operation, then no notice of any prior violation is necessary to impose the penalty for a second, third or fourth violation.

(h) The penalty schedule lists the most common violations and is not intended to be exhaustive. Therefore, a license may be suspended or revoked for a violation that is not set forth in the penalty schedule. In fixing the penalty for any such violation, the Director shall state in writing specific reasons for determining the penalty imposed.

(i) Penalty Schedule<1>

Statute,CodeDescriptionFirstSecondThirdFourth
Regulation orViolationViolationViolationViolation
Bulletin Item<2><2><2><2>
33:1-25,A &Aiding and abetting102030
26, 31a and 52A
N.J.A.C.ACTIVIllegal activity on306090Revocation
N.J.A.C. 13:2-23.5(c)the licensed premises
N.J.A.C.ADV1Improper51020
13:2-24.1 0(a)1 -7advertising
N.J.A.C.ADV2Improper51020
13:2-24.10(a)8cooperative
advertising
N.J.A.C.APP1Failure to provide135
13:2-23.13(a)2a copy of the most
recent full
application and/or
current renewal
application
N.J.A.C.BOOKS1Failure to have21020
13:2-23.32(a), (b)true record or records
and (c), 24.1(c) andof account available
(e)on the licensed
premises, but produced
within 7 business days
of demand
33:1-25 APP2Failure to timely135
and N.J.A.C.notify of change in
13:2-2.14(a)fact on the license
application
33:1-25 APP3Failure to notify135
and N.J.A.C.of corporate structure
13:2-2.14(b)change
33:1-25 APP4Failure to disclose102030
or false, misleading
or inaccurate answer
to a question on an
application, which
would not by itself
result in a
disqualification for
licensure
33:1-25 APP5Failure to disclose4590Revocation
or false, misleading
or inaccurate answer
to a question of
material fact on an
application
33:1-26 APP6Lease out of the4590Revocation
license
N.J.A.C. 13:2-23BOOKS1Failure to have21020
.32(a), (b) and (c),true record or records
24.1(c) and (e)of account available
on the licensed
premises, but produced
within 7 business days
of demand
N.J.A.C.BOOKS2Failure to maintain3060Revocation
13:2-23.32(a), (b),true record or records
(c) and (d), 24.1(c)of account or failure
and (e)to produce true record
or records of account
within seven business
days of demand
N.J.A.C.BOT1AContaminated or low1510
13:2-23.15 or 23.23proof bottles (one to
five bottles)
N.J.A.C.BOT1BContaminated or low51020
13:2-23.15 or 23.23proof bottles (six or
more bottles)
N.J.A.C.BOT2Substitution of51020
13:2-23.19beverages
N.J.A.C.BOT3Tampering/adulterated51020
N.J.A.C.BOT4Substitution of Brands153045Revocation
13:2-23.19(b)
N.J.A.C.BOT5Marrying of Bottles51015
13:2-23.15(b)of Alcohol
13:2-23.9(a)alcohol
13:2-35.1 BPP1Broad package103060
and 35.5 or 35.2 andprivilege violation
35.4(improper sale or
display)
N.J.A.C. 13:2-35.1BPP2Broad package103060
and 35.2privilege violation
(insufficient
equipment and/or bar)
N.J.A.C.BULKTransfer of1510
13:2-23.12inventory without a
bulk permit
N.J.A.C.CERTLicense certificate135
13:2-23.13(a)1not conspicuously
displayed
N.J.A.C.CHECKReturn of an unpaid51020
13:2-23.33check to Division or
issuing authority
(penalties will
include original check
amount and
administrative costs)
13:2-8.13 CLUB1Advertising51020
availability of
alcoholic beverages to
the public
13:2-8.8,CLUB2Sale beyond the102030
9 and 11scope of the club
license, including,
but not limited to,
sale to non-member or
social affair
permittee
13:2-26.1 COOP1Purchase of102030
alcoholic beverages by
a non-member
N.J.A.C. 13:2-26.1COOP2Allowed a person102030
not qualified and/or
minor permittee to
order for member or
employee of
cooperative
N.J.A.C. 13:2-26.1COOP3Allowed a purchase102030
by a non-member
retailer under
cooperative
13:2-24.8 COSTSale of alcoholic153045
beverages below cost
N.J.A.C.C PL 1Sale of alcoholic153045
13:2-24.6(a)6beverages not listed
on a "Current Price
List"
N.J.A.C.C PL 2Sale or acceptance153045
13:2-24.6(a)6of alcoholic beverages
upon terms other than
set forth on a
"Current Price List"
N.J.A.C.C PL 3Failure to maintain153045
13:2-24.6(a)1 and 2an "Historical Price
List" and "Marketing
Manual"
N.J.A.C.C PL 4Failure to timely file11015
13:2-24.6(a)4"Current Price List"
13:2-24.4 CRED1Wholesaler extended153045
credit to retailer on
COD status
N.J.A.C. 13:2-24.4CRED2Retailer received153045
credit from wholesaler
while on COD status
N.J.A.C. 13:2-24.1DISC1Terms of sale of153045Revocation
alcoholic beverages
offered in
discriminatory manner
13:2-24.2 DISC2Offers service to a153045Revocation
licensee in a
discriminatory manner
33:1-26 DISQ1Employed a306090Revocation
and N.J.A.C.criminally
13:2-14.5disqualified person
33:1-25,DISQ2CriminallyRevocation
26disqualified licensee
N.J.A.C. 13:2-24.4CRED1Wholesaler extended153045
credit to retailer on
COD status
N.J.A.C. 13:2-24.4CRED2Retailer received153045
credit from wholesaler
while on COD status
N.J.A.C.E-141-A1Employees list not1510
13:2-23.13(a)3complete or available
on the licensed
premises
N.J.A.C.E-141-A2Employees list not153045
13:2-23.13(a)3complete or available
on the licensed
premises and
criminally
disqualified employee
13:2-14.1 EMINEmploying a minor1510
and/or 14.2without a permit
N.J.A.C.EPOL1Employed a law102030
13:2-23.31(b)2 ienforcement officer
without approval
33:1-26.1 EPOL2Employed a law153045Revocation
enforcement officer in
jurisdiction where law
enforcement officer
serves
N.J.A.C.ESOLEmployment of a153045Revocation
13:2-23:25solicitor by a
retailer
33:1-12a FETALFailure to display135
Fetal Alcoholic
Syndrome warning
poster
2A:40-1;GAMB1Failure to notify51020
13:2-23.7(c) of placement of
approved video game
within 48 hours of
placement
N.J.A.C.GAMB2Raffling of sealed51020
13:2-23.7(a)7containers of
alcoholic beverages
without a permit
N.J.A.C.GAMB3Gambling51020
13:2-23.7(a)5paraphernalia on the
licensed premises
N.J.A.C.GAMB4ANon-criminal51020
13:2-23.7(a)gambling activity on
the licensed premises
N.J.A.C.GAMB4BCriminal gambling306090Revocation
13:2-23.7(a)activity on the
licensed premises
N.J.A.C.GAMB5Unapproved video51020
13:2-23.7(a)6device on the licensed
premises
N.J.A.C.GAMB6Video or slot306090Revocation
13:2-23.7(a)4machine or other
gambling device
playing for money or
other valuable thing
N.J.A.C. 13:2-23.7GAMB7ACriminal gambling90Revocation
activity on the
licensed premises
involving an employee
N.J.A.C. 13:2-23.7GAMB7BCriminal gamblingRevocation
activity on the
licensed premises
involving a licensee
N.J.A.C. 13:2-23.7GAMB7CNon-criminal102030Revocation
gambling activity on
the licensed premises
involving an employee
N.J.A.C. 13:2-23.7GAMB7DNon-criminal102030Revocation
gambling activity on
the licensed premises
involving a licensee
N.J.S.A.HIND1Employee hindering306090Revocation
33:1-35 /N.J.A.C.an investigation
13:2-23.30
N.J.S.A.HIND2Licensee hindering4590Revocation
33:1-35/N.J.A.C.an investigation
13:2-23.30
13:2-38.1 HRS1Sale of alcoholic102030
or 38.2beverages before or
after the legal hour
or in violation of a
municipal ordinance
N.J.S.A. 33:1-31hHRS2Presence of102030
and N.J.A.C.non-employee(s) after
13:2-38.1 or 38.2the legal hour set by
a municipal ordinance
N.J.A.C. 13:2-20INSIGAlcoholic beverages1510
transported without a
transit insignia
N.J.A.C.INV1Failure to have1510
13:2-20.4(b) or 23.32invoices available at
the licensed premises,
but produced within
seven business days of
demand
N.J.A.C.INV2Failure to maintain3060Revocation
13:2-20.4(b) or 23.32invoices or failure to
produce invoices
within seven business
days of demand
N.J.A.C.LEWD1Lewd activity on306090Revocation
13:2-23.6(a)1the licensed premises
N.J.A.C.LEWD2Lewd activity with4590Revocation
13:2-23.6(a)1audience participation
on the licensed
premises
N.J.A.C.LEWD3Lewd material on102030
13:2-23.14the licensed premises
33:1-12 MERCConducted other51020
mercantile business on
the licensed premises
N.J.S.A.NARC1Narcotic activity4590Revocation
33:2-23.5(b)on the licensed
premises
N.J.A.C.NARC2Narcotic4590Revocation
13:2-23.5(b)paraphernalia on the
licensed premises
N.J.A.C.NARC3Narcotic activity90Revocation
13:2-23.5(b)on the licensed
premises involving an
employee
N.J.A.C.NARC4Narcotic activityRevocation
13:2-23.5(b)on the licensed
premises involving a
licensee
N.J.A.C.NUIS1Licensed business102030
13:2-23.6(b)conducted in such a
manner to become a
nuisance (quality of
life--noise, litter,
urination, etc.)
N.J.A.C.NUIS2Licensed business306090Revocation
13:2-23.6(b)conducted in such a
manner to become a
nuisance (police
intervention--public
safety or rights being
violated)
N.J.S.A.ORDINViolation of any102030
33:1-31 (h)ordinance, resolution
or regulation of an
issuing authority or
governing body
N.J.S.A. 33:1-31ORDERViolation of an102030
order of the Director
or of an issuing
authority
13:2-9.3 POSSFailure to maintainIndefiniteIndefiniteIndefiniteRevocation
continuing possessionsuspensionsuspensionsuspension
and exclusive control+ 10+ 20+ 30
of licensed premisesdaysdaysdays
N.J.A.C.PPProhibited102030
13:2-23.16promotion
N.J.A.C.PROHDAccepted delivery51020
13:2-23.10from a non-licensed
carrier
N.J.A.C.PROHPPurchased alcoholic102030
13:2-23.12(a) or (b)beverages from a
prohibited source
N.J.A.C.PROHSSale of alcoholic102030
13:2-23.12(b)beverages to a
prohibited receiver
(retailer-retailer)
N.J.A.C.PULASale to a person153045Revocation
13:2-23.1(a)under the legal age,
but over the age of 18
N.J.A.C.PULA/MSale to a person306090Revocation
13:2-23.1(a)under the age of 18
years
N.J.A.C.REBATEProhibited consumer51020
13:2-24.11rebate
N.J.A.C.RETRetailer306090Revocation
13:2-23.24received--parallel to
SOL3
33:1-11,SBD1Sale of less than51020
2cone hundred forty-four
fluid ounces of malt
alcoholic beverages in
original containers
33:1-11,SBD2Sale of "chilled"51020
2cmalt alcoholic
beverages
33:1-12 SCOPESale or consumption102030
beyond the scope of
the license
N.J.S.A.SOL1Solicitor offered153045Revocation
33:1-52 /N.J.A.C.an order of alcoholic
13:2-16.11; N.J.A.C.beverages for purchase
13:2-16.3; N.J.A.C.or sale, other than
13:2-16.1allowed by law and the
license of employer
and/or offered to sell
or sold to, or
received compensation
based on purchases
made by or sales made
to, a retail license
in which the
solicitor's or another
solicitor's immediate
family has a direct or
indirect interest.
N.J.A.C.SOL2Solicitor employed153045Revocation
13:2-16.12by or connected in
business capacity to a
retail licensee
N.J.A.C.SOL3Solicitor offered a306090Revocation
13:2-16.11(b)cash rebate, free
goods or other
incentive not
contained on Current
Price List
N.J.A.C. 13:2-16.3SOL4Solicitor held a153045Revocation
solicitor's permit
and/or received
compensation based
upon sales to or
purchases made by
retail licenses but
did not substantially
perform the duties
required of a
solicitor as defined
in N.J.A.C.
13:2-16.3(e).
N.J.S.A.STAMPFederal Tax Stamp135
33:1-31 (e)not available
N.J.A.C.STOR1Storage of51020
13:2-23.21alcoholic beverages
off the licensed
premises without a
permit or not in a
licensed warehouse
N.J.A.C.STOR2Storage of51020
13:2-23.21alcoholic beverages
for a time period
exceeding 72 hours
following receipt of a
delivery for a fellow
co-op member
N.J.A.C.SUSPVProhibited activity102030
13:2-23.27during license
suspension
N.J.A.C.TAPTap connected to a51020
13:2-23.22(a)container of malt
alcoholic beverages
not truly indicating
name or brand
N.J.S.A.TAXKnowing failure to153060
33:1-31(d)pay taxes described in
N.J.S.A. 33:1-31
N.J.A.C.TOX1Sale of alcoholic153045Revocation
13:2-23.1(b)beverages to an
intoxicated patron
N.J.A.C.TOX2Licensee or153045Revocation
13:2-23.20employee working at
licensed premises
while intoxicated
N.J.A.C.TRANSTransporting102030
13:2-20.4(a) andalcoholic beverages
13:2-20.3 without proper
documents
33:1-25 UI1Undisclosed person,306090Revocation
not otherwise
disqualified, with a
beneficial interest in
a liquor license or
licensed business
33:1-26 UI2Person under theRevocation
age of 18 or
criminally
disqualified person
with an undisclosed
beneficial interest in
a liquor license or
licensed business
N.J.S.A.UI3Acquiring aRevocation
33:1-12.31beneficial interest in
more than two retail
liquor licenses
N.J.S.A.UI4Solicitor with anRevocation
33:1-43 /N.J.A.C.undisclosed business
13:2-16.12relationship to or a
beneficial interest in
a retail license
N.J.A.C.UI5Police officer,Revocation
13:2-23.31peace officer, or any
other person whose
power or duties
include the
enforcement of the
alcoholic beverage law
or regulations with an
undisclosed beneficial
interest in a liquor
license
N.J.S.A. 33:1-43UI6A brewery, winery,Revocation
distillery, rectifying
and blending plant or
wholesale licensee
with an undisclosed
interest in a retail
liquor license
N.J.A.C.WHOL1Wholesaler306090Revocation
13:2-16.11 and 23.28responsible for
solicitor violating
13:2-16.3
and/or 16.11
N.J.A.C.WHOL2Wholesaler hired,306090Revocation
13:2-16.1 4as a solicitor, a
person whose immediate
family member has a
direct or indirect
financial interest in
a retail license, in
violation of N.J.A.C.
13:2-16.14 and/or
wholesaler assigned a
solicitor, whose
immediate family
member has a direct or
indirect interest in a
retail license to an
account in which that
solicitor's or any
solicitor's family
member has a direct or
indirect interest in
the retail license.
N.J.A.C.WHOL3Wholesaler paid306090Revocation
13:2-16.14commission to a
solicitor, whose
immediate family
member has a direct or
indirect interest in a
retail license, based
upon sales made to or
purchases made by a
retail licensee in
which the solicitor's
or another solicitor's
immediate family
member has a direct or
indirect interest.

1 The description of the penalties in this schedule is not intended to provide a complete description of the violation. The governing standard is set forth in the referenced statute or regulation.

2 Number refers to days of license suspension.

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