New Jersey Administrative Code

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 Repealed by R.1981 d.71, effective 11/1/1981.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 Repealed by R.1990 d.412, effective 8/20/1990.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 …

(a) If a license meets the criteria stated in N.J.A.C. 13:2-43.1(a), the municipal issuing authority shall accept an application for a license renewal and the appropriate fees submitted by a licensee, but it shall not act upon that application absent a Special Ruling from the Dir…

If a license becomes inactive as a result of eminent domain, fire or other casualty loss and the licensee submits a Verified Petition demonstrating a good faith effort to reactivate the license, in addition to the statutory two-year period provided for by N.J.S.A. 33:1-12.39, the…

(a) The statutory standard to be applied in granting or denying a Special Ruling is good cause. In situations where there is a multi-term inactive license, there is a direct relationship between the length of inactivity and the prognosis for activation, as it relates to the quant…

(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,…