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

(a) There is a statutory right to a hearing on a request for relief pursuant to N.J.S.A. 33:1-12.39. That hearing shall be governed by the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. (b) If a licensee ente…

The filing of a Verified Petition for relief pursuant to N.J.S.A. 33:1-12.39 for a particular license term(s) does not eliminate the requirement that the licensee continue to apply for renewal of the license for subsequent license terms by June 30 of each year and file additional…

(a) Unless otherwise defined in this chapter, the definitions set forth in the Alcoholic Beverage Control Act, at N.J.S.A. 33:1-1, shall govern the meaning of terms in these rules. (b) Definitions for purposes of this chapter are as follows: 1. "Alcoholic Beverage Control Act" me…

(a) Application for social affair permit may be made to the director by organizations operating solely for civic, religious, educational, charitable, fraternal, social, or recreational purposes, and not for private gain. In order to establish its eligibility an applicant shall su…

(a) Application for a special concessionaire permit may be made to the Director by any individual, partnership, corporation, limited liability company, or other type of legal entity who has entered into a contract with the State of New Jersey, or any political subdivision thereof…

(a) Application for a special permit may be made to the Director by any individual, partnership, corporation, limited liability company, or other type of legal entity which owns and operates or leases and operates a golf facility whereby said golf facility is authorized to sell o…

(a) The Director, for good cause shown, may issue a special permit to authorize the sale of alcoholic beverages by a receiver, trustee, executor, or other court appointed or authorized person, or judgment creditors or secured parties where such sale is authorized in accordance wi…

(a) The Director, for special cause shown, may issue such temporary permits for such contingencies where a license is not expressly provided for by law, and such a permit would be appropriate and consonant with the spirit of the Alcoholic Beverage Control Act. (b) Application for…

(a) Application for a special permit for marketing agent may be made to the Director by an alcoholic beverage supplier, manufacturer or importer who holds a New Jersey wholesale license, whereby such supplier, manufacturer or importer shall be authorized to engage the services of…

All filing fees associated with Special Permits issued pursuant to this subchapter are non-refundable, unless otherwise waived by the Director pursuant to N.J.A.C. 13:2-9.1. Notes N.J. Admin. Code § 13:2-5.7 Adopted by 48 N.J.R. 1302(b), effective 6/20/2016

(a) In case of death, bankruptcy, receivership or incompetency of a licensee, or if for any other reason whatsoever the operation of the business covered by the license shall devolve by operation of law upon a person other than the licensee, the licensed business may not be opera…

Where an application for extension of license cannot be made immediately because the fiduciary has not yet qualified, the Director, Division of Alcoholic Beverage Control, may issue a special permit to allow the licensed business to continue operations temporarily until the licen…

(a) Petitioners for extension of a license must present satisfactory proof to the issuing authority of their appointment to act in their representative capacity. (b) A license may not be extended to an assignee for the benefit of creditors, unless said assignee presents to the is…

If the petition for extension is granted, the license shall be endorsed as follows: "This license is hereby extended, subject to all of its terms and conditions to ........., (Executor, or as the case may be) until ......, 20... ". Notes N.J. Admin. Code § 13:2-6.4 Amended by R.1…

Any license issued under the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., may be transferred either from person-to-person or place-to-place, or both, in accordance with the provision of said law and these regulations. Notes N.J. Admin. Code § 13:2-7.1 Amend…

Transfers of license both as to person and place may be applied for simultaneously and in a single application; but if there is such combined application for person-to-person and place-to-place transfer, the person-to-person application shall not be approved unless the place-to-p…

Applications for transfers of license to other premises only, or applications for transfer of license to another person only, shall be filed in triplicate and accompanied by a fee of 10 percent of the full annual license fee for said license, which fee shall be retained by the Di…

Applications for transfer of license to other premises and other persons shall be filed in triplicate and accompanied by a fee of 20 percent of the full annual license fee for said license, which fee shall be retained by the Director or other issuing authority as the case may be,…

If a resolution or certification granting application for transfer is adopted sooner than five business days (excluding Saturdays, Sundays and legal holidays) after publication of the second notice of application, the resolution or certification shall set forth a special conditio…

(a) Upon the grant of a transfer, the Director or other issuing authority as the case may be shall cause the following written endorsement to be made upon the face of the license certificate: Click here to view form. (b) Unless another specific date is identified in the resolutio…

Each municipal issuing authority shall make or cause to be made certification to the Director of all license applications filed transferred denied or withdrawn during the preceding business week, which certification shall include the original of the filed application, any fees to…

(a) Application for transfer of license to other premises, signed and sworn to by the licensee, must be filed with the Director or other issuing authority, as the case may be, at or before the first insertion of the advertisement of the notice of application on forms prescribed b…

Application for transfer of license to another person, or other person and other premises, signed and sworn to by the person who seeks the transfer, and bearing the consent in writing to such transfer by the current licensee, must be filed with the Director, or other issuing auth…

(a) Notice of application for transfer of a license shall be published in the following form: Click here to view form. (b) "Name of issuing authority" in the form in N.J.A.C. 13:2-7.4(a), usually means the governing board or body of the municipality, whatever the name may be, for…

Each issuing authority, immediately upon receipt of a written objection duly signed by an objector, shall set the matter down for a hearing and notify all parties of the date, hour and place thereof. Said hearing shall be stenographically or electronically recorded. Notes N.J. Ad…

The date fixed for hearing shall not be sooner than five days after the second notice was published (excluding Saturdays, Sundays and legal holidays) and should not be later than 14 days thereafter. For good cause, each issuing authority in the exercise of sound and fair discreti…

(a) If there is no written objection and the issuing authority determines to approve the application, no hearing is required; but this in no way relieves the issuing authority from the duty of making a thorough investigation on its own initiative. This investigation should includ…

Application for transfers of licenses to other premises shall be on forms prescribed by the Director and shall set forth the same information required to be set forth in connection with an original application for license. Notes N.J. Admin. Code § 13:2-7.8 Amended by R.1990 d.412…

Applications for transfers of licenses to other persons shall be on forms prescribed by the Director and shall set forth the same information required to be set forth in connection with an original application for license. Notes N.J. Admin. Code § 13:2-7.9 Amended by R.1990 d.412…

The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise. "Club" means an organization, corporation or association controlled by and consisting of 60 or more persons, of legal drinking age, operati…

No club licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on the licensed premises during hours or on days when plenary or seasonal retail consumption licensees in the same municipality are prohi…

No club licensee shall sell, serve or deliver any alcoholic beverages to the holder of any special permit authorizing sale of alcoholic beverages at a social affair to be conducted by a permittee other than the club licensee itself, or to any person attending such social affair o…

Notes N.J. Admin. Code § 13:2-8.12 Amended by R.1990 d.412, effective 8/20/1990. See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c). Specified all moneys received "in the ordinary course of business" and a record of the source "and amount" of all moneys otherwise…

No club licensee shall advertise, directly or indirectly, or allow, permit or suffer any advertising to non-club members the availability of alcoholic beverages at its licensed premises; provided, however, that the prohibition here in shall not apply to the holder of any special …

A club license is restricted type of retail license and therefore its holder must comply with not only the rules set forth in this subchapter, but with all the relevant provisions applicable to retail licenses. In disciplinary proceedings brought pursuant to the alcoholic beverag…

Club licenses shall be issued only to bona fide clubs. Notes N.J. Admin. Code § 13:2-8.2

Except as provided in N.J.A.C. 13:2-8.5, no license shall be issued to any club unless it shall have been in active operation in the State of New Jersey for at least three years continuously immediately prior to the submission of its application for a license. Notes N.J. Admin. C…

Except as provided herein or in N.J.A.C. 13:2-8.5, no license shall be issued to any club unless it shall have been in exclusive possession and use of a clubhouse or club quarters for at least three years continuously immediately prior to the submission of its application for a l…

(a) Any constituent unit, chartered or otherwise duly enfranchised chapter or member club of a national or state order, organization or association, which is in possession of suitable premises, shall not be prevented from obtaining a club license by reason of the fact that the un…

(a) No club license shall be issued, nor renewal granted, to any corporation, association, or organization in which an officer or member of the governing body has been convicted of a disqualifying offense pursuant to Title 33 unless the statutory disqualification resulting from s…

(a) A printed or typewritten list containing the names and addresses of all members of the club as of date of filing a club license application shall be submitted with the initial application as well as with each subsequent renewal application. No club license shall be renewed un…

(a) No club licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverage to any person not a bona fide member of the club or a bona fide guest of such member. (b) All club licensees shall have and keep on the licensed p…

No club licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages in original containers for off-premises consumption. Notes N.J. Admin. Code § 13:2-8.9 Amended by R.1990 d.412, effective 8/20/1990. See: 22 New Jers…

The rules of this chapter may be relaxed by the Director upon a showing of undue hardship, economic or otherwise, on a licensee; that the waiver of the rule would not unduly burden any affected parties; and that the waiver is consistent with the underlying purposes of Title 33 an…

(a) Each holder of an alcoholic beverage license, and each owner thereof, must continually meet the following qualifications: 1. At least 18 years of age; 2. Has not been convicted of a crime involving moral turpitude, unless the Director has removed said disqualification pursuan…

Each licensee must have and maintain a continuing possessory interest and control over the licensed premises. Notes N.J. Admin. Code § 13:2-9.3

(a) No applicant or any shareholder, partner or other person applying for an interest in a license or permit shall refuse to submit to fingerprinting when so required by the Director or the local issuing authority. Such refusal shall constitute a withdrawal of the application. (b…