N.J.A.C. 13:2 — DIVISION OF ALCOHOLIC BEVERAGE CONTROL (Subchapter 1 to 44)

(a) Prior to final determination by the Director, claims for the return of property seized under N.J.S.A. 33:1-66 or N.J.S.A. 33:2-3 may be made to the Director by payment in cash, under protest, of the retail value of the seized property, or by the posting of a proper bond with …

(a) The order of forfeiture of seized property after hearing terminates all property interests therein and in any proceeds therefrom, including the interests of the owner, any conditional vendor, chattel mortgagee or lienor. The standards and procedure on claims addressed to the …

Upon determination that the matter is a contested case, the Uniform Administrative Procedure Rules of Practice (N.J.A.C. 1:1) shall govern the conduct of the case. Notes N.J. Admin. Code § 13:2-31.4 Amended by R.1979 d.393, effective 10/1/1979. See: 11 New Jersey Register 580(f).…

(a) No licensee shall knowingly sell, offer for sale, deliver, receive or purchase, for resale in New Jersey, any alcoholic beverage (including private label brands owned by a retailer or exclusive brands owned by a manufacturer or wholesaler and sold by such manufacturer or whol…

(a) Each filing of an original brand registration schedule shall be accompanied by a nonrefundable fee of $ 23.00, and each filing of an amendment to a previously filed brand registration schedule shall be accompanied by a nonrefundable fee of $ 10.00. Such fees shall be payable …

(a) All applicants for a restricted brewery license shall comply with the application, advertising and hearing provisions of this chapter. The application shall be accompanied by a description of the intended activities to be conducted under the authority of this license. The sta…

There is a base license fee of $ 1,250 which must be paid at the time of the initial application. This fee shall entitle the licensee to brew up to one thousand 31 fluid gallon barrels per year. There is an additional $ 625.00 fee for every additional 1,000 barrels up to a 3,000 …

(a) For the purposes of this license, a restaurant is defined as a premises which is regularly and principally used for the purpose of providing meals to its customers and having adequate kitchen and dining room facilities. The applicant shall submit a sketch of the restaurant pr…

(a) A restricted brewery licensee may offer, without charge, no more than five ounces of the brewed malt alcoholic beverage for consumption on the licensed premises as a sampling of the brewed product. This sampling shall not be offered to the same customer more than once, for ea…

The Director shall hold a hearing if the governing body of the municipality in which the license will be located files a written objection with the Director. The Director shall thereafter issue the license only if such issuance will not be contrary to the public interest. Notes N…

Any disciplinary proceedings against a restricted brewery license shall be in accordance with N.J.A.C. 13:2-19. The institution of disciplinary proceedings against a restricted brewery license shall be considered separate and distinct from and shall not adversely affect the statu…

(a) For the purpose of this regulation:1. A public barroom shall be a room containing a public bar, counter or similar piece of equipment, which must occupy not less than 15 percent of the total square footage of said room and which is designed for and used to sell and dispense a…

(a) No holder of a plenary retail consumption license or seasonal retail consumption license, except as provided by N.J.S.A. 33:1-12.24 and 12.25, shall sell or display for sale any alcoholic beverage in the original container for off-premises consumption except from and in the b…

The Division of Alcoholic Beverage Control shall note the following on the face of the renewal license certificate of each holder of a license which includes the "Broad package privilege" as set forth in N.J.A.C. 13:2-35.2: "This license bears the "Broad package privilege" pursua…

(a) No licensee without the "Broad package privilege" shall, with respect to the public barroom in which he may sell or display for sale alcoholic beverages in original containers for off-premises consumption: 1. Display package goods in the principal public barroom other than in…

(a) No holder of a plenary retail consumption license or seasonal retail consumption license, without the "Broad package privilege" as set forth in N.J.A.C. 13:2-35.1, 35.2 and 35.3, who maintains at the same time more than one barroom on the licensed premises, shall sell or disp…

Notes N.J. Admin. Code § 13:2-35.6 Recodified to N.J.A.C. 13:2-35.5 by R.1990 d.412, effective 8/20/1990. See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c). Section was "Multiple barrooms".

(a) Other than in proceedings instituted pursuant to N.J.S.A. 52:14B-8 (Declaratory Rulings), a written request for an interpretation, application, or other inquiry concerning the Division of Alcoholic Beverage Control's regulations, policies or practices shall only be considered…

(a) Definitions for the purpose of this section are as follows: 1. "Tasting event" means a scheduled event hosted by a licensee or permittee, at which samples may be provided, that may be open to the general public or limited by invitation. 2. "Sample" means a small amount of an …

(a) Subject to local options as expressed in the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq. and except as further specified in (b) below, no licensee shall allow, permit or suffer the sale, service or delivery of any alcoholic beverage at retail in its ori…

(a) If a municipality has no ordinance or local law that authorizes the sale of alcoholic beverages for consumption on the premises on Sunday, then except as provided in (b) below, a municipality may by ordinance authorize the sale of wine and malt alcoholic beverages in original…

Notes N.J. Admin. Code § 13:2-38.3 Amended by R.1990 d.412, effective 8/20/1990. See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c). Added "whether for on-premise or off-premise consumption". Repealed by R.1995 d.450, effective 8/21/1995. See: 27 New Jersey Regis…

(a) No manufacturer, brewer, winery, distiller, rectifier and blender, wholesaler or distributor privileged to sell to retailers shall accept a return of any alcoholic beverages from a retail licensee for cash, credit or exchange, nor shall any retail licensee accept any cash, cr…

If alcoholic beverages are picked up at the licensed premises of a manufacturer or wholesaler by a retail licensee or by a solicitor for ultimate delivery to a retail licensee, proper invoices shall accompany the order and the manufacturer or wholesaler must, within a reasonable …

Notes N.J. Admin. Code § 13:2-39.3 New Rule, R.1979 d.138, effective 5/1/1979. See: 11 New Jersey Register 143(a), 11 New Jersey Register 257(c). Repealed by R.1981 d.71, effective 11/1/1981. See: 13 New Jersey Register 37(b), 13 New Jersey Register 238(b).

Notes N.J. Admin. Code § 13:2-39.4 New Rule, R.1979 d.138, effective 5/1/1979. See: 11 New Jersey Register 143(a), 11 New Jersey Register 257(c). Repealed by R.1990 d.412, effective 8/20/1990. See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c). Section was "Retur…

(a) No municipal issuing authority may issue, renew or transfer a license to or from any of its members, or issue, renew or transfer a license to or from any corporation, organization, or association in which any of its members is interested directly or indirectly. (b) No municip…

The rules applicable to filing a notice of change in the facts set forth in the application for a retail license and to publishing a notice of change in corporate structure and furnishing proof thereof (N.J.A.C. 13:2-2.14 through 2.16) shall apply to all retail licensees holding …

(a) Application to the Director shall be made upon the same application forms used in all applications for municipal licenses (copies are obtainable from the clerk of the municipality wherein the premises sought to be licensed are situated). (b) The application shall be fully exe…

(a) Applications for a new license or for a renewal of an existing license shall be accompanied by a fee of $200.00 payable to the order of the Division of Alcoholic Beverage Control. (b) A certification shall also be submitted from the municipal clerk, board secretary, or other …

(a) Applications for transfer of license to other persons only, or applications for transfer of license to other premises only (not combined) shall be accompanied by: 1. A fee of $ 200.00 payable to the order of the Division of Alcoholic Beverage Control and retained by the Direc…

(a) Transfers of license both as to person and place may be applied for simultaneously and in a single application, accompanied by a fee of $200.00 payable to the order of the Division of Alcoholic Beverage Control. (b) A certification shall also be submitted by the municipal cle…

There shall also be submitted to the Director a certified copy of a resolution adopted by the issuing authority of the municipality wherein the premises sought to be licensed are situated, setting forth that said issuing authority has no objection to the issuance, renewal or the …

The rules applicable to the application, advertising and hearing rights concerning a municipal license or the transfer thereof (N.J.A.C. 13:2-2 and N.J.A.C. 13:2-7) shall apply when application is made to the Director. However, the notice of application, as published, shall state…

(a) If the application for license issuance is denied for any reason whatsoever or withdrawn, a statutory refund of 90 percent of the fee deposited with the municipality shall be made by the municipality to the applicant. The remaining 10 percent shall be deemed an investigation …

If the application for a new license is granted, except in connection with the issuance of a new license upon failure to timely renew under N.J.S.A. 33:1-12.18, the license fee shall be prorated from the effective date of the license and where the amount deposited exceeds the pro…

(a) For the purpose of this subchapter:1. A "non-profit corporation" suitable for licensure is a bona fide non-profit entity which conducts musical or theatrical performances or concerts on a regular basis on premises with a total seating capacity of 1,000 persons or more. 2. "Li…

(a) All applicants for a special license issued pursuant to N.J.S.A. 33:1-19.7 shall comply with the application, advertising and hearing provisions of N.J.A.C. 13:2-2. (b) A local issuing authority shall take no action upon an application for a license by a non-profit corporatio…

(a) An application submitted by a restaurant operator to exercise the privileges of a special plenary retail consumption license issued to a non-profit corporation holding a special license issued pursuant to N.J.S.A. 33:1-19.7, may be approved by a local issuing authority upon r…

(a) A license issued pursuant to the provisions of N.J.S.A. 33:1-19.7 authorizes the sale of alcoholic beverages for consumption on the licensed premises only during performances and two hours immediately preceding and immediately following performances. (b) No sales in original …

(a) A license issued pursuant to N.J.S.A. 33:1-19.7 may be transferred person-to-person, but only if the applicant for this license is fully qualified to receive this special license under the provisions of this statute and the transferee has complied with all applicable provisio…

Changes in any facts contained in any existing filed application, including changes in corporate structure both in the non-profit corporation holding the license as well as any corporate restaurant operator, shall be reported in accordance with the provisions of N.J.A.C. 13:2-2.1…

A license issued under the provisions of N.J.S.A. 33:1-19.7 may only be renewed by the qualified non-profit corporation authorized to hold such license and shall be renewed as any other plenary retail consumption license, under appropriate provisions of law. Notes N.J. Admin. Cod…

(a) A licensee who fails to file a renewal application with the municipal issuing authority by July 30 of the year beginning the license term for which renewal is sought may request that the Director issue a Special Ruling to permit the municipal issuing authority to consider an …

(a) The Verified Petition is a signed affidavit by the licensee and any other persons with personal knowledge of facts explaining why there were circumstances beyond the licensee's control or other extraordinary circumstances that prevented the licensee from filing a renewal appl…

(a) The municipal issuing authority shall accept an application for a new license and the appropriate fees submitted by a licensee between July 30 and June 30, but it shall not act upon that application absent a Special Ruling from the Director granting relief pursuant to N.J.S.A…

The filing of a Verified Petition for relief pursuant to N.J.S.A. 33:1-12.18 for a particular license term does not eliminate the requirement that the licensee continue to apply for renewal of the license for subsequent license terms by July 30 of each year, while the Verified Pe…

There is no statutory right to a hearing on a request for relief pursuant to N.J.S.A. 33:1-12.18. The Director may grant or deny a Special Ruling based solely on the information provided in the Verified Petition. However, if the Director determines that there is a factual dispute…

(a) No Class C license shall be renewed if that license has not been actively used in connection with the operation of a licensed premises for two or more full license terms immediately preceding the license term for which renewal is sought, absent a Special Ruling from the Direc…

(a) The Verified Petition is a signed affidavit by the licensee and any other persons with personal knowledge of the facts involving the inactive license. It shall contain the following information:1. Complete identification of the licensee and the license number; 2. The date on …