N.J. Admin. Code § 13:2-19.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:2-19.11 - Penalty Schedule, definition of violation, successive violations

(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,	Code	Description	First	Second	Third	Fourth
Regulation or	Violation	Violation	Violation	Violation
Bulletin Item	<2>	<2>	<2>	<2>
33:1-25,	A &	Aiding and abetting	10	20	30
26, 31a and 52	A
N.J.A.C.	ACTIV	Illegal activity on	30	60	90	Revocation
N.J.A.C. 13:2-23.5(c)	the licensed premises
N.J.A.C.	ADV1	Improper	5	10	20
13:2-24.1 0(a)1 -7	advertising
N.J.A.C.	ADV2	Improper	5	10	20
13:2-24.10(a)8	cooperative
advertising
N.J.A.C.	APP1	Failure to provide	1	3	5
13:2-23.13(a)2	a copy of the most
recent full
application and/or
current renewal
application
N.J.A.C.	BOOKS1	Failure to have	2	10	20
13:2-23.32(a), (b)	true record or records
and (c), 24.1(c) and	of account available
(e)	on the licensed
premises, but produced
within 7 business days
of demand
33:1-25	APP2	Failure to timely	1	3	5
and N.J.A.C.	notify of change in
13:2-2.14(a)	fact on the license
application
33:1-25	APP3	Failure to notify	1	3	5
and N.J.A.C.	of corporate structure
13:2-2.14(b)	change
33:1-25	APP4	Failure to disclose	10	20	30
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	APP5	Failure to disclose	45	90	Revocation
or false, misleading
or inaccurate answer
to a question of
material fact on an
application
33:1-26	APP6	Lease out of the	45	90	Revocation
license
N.J.A.C. 13:2-23	BOOKS1	Failure to have	2	10	20
.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.	BOOKS2	Failure to maintain	30	60	Revocation
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.	BOT1A	Contaminated or low	1	5	10
13:2-23.15 or 23.23	proof bottles (one to
five bottles)
N.J.A.C.	BOT1B	Contaminated or low	5	10	20
13:2-23.15 or 23.23	proof bottles (six or
more bottles)
N.J.A.C.	BOT2	Substitution of	5	10	20
13:2-23.19	beverages
N.J.A.C.	BOT3	Tampering/adulterated	5	10	20
N.J.A.C.	BOT4	Substitution of Brands	15	30	45	Revocation
13:2-23.19(b)
N.J.A.C.	BOT5	Marrying of Bottles	5	10	15
13:2-23.15(b)	of Alcohol
13:2-23.9(a)	alcohol
13:2-35.1	BPP1	Broad package	10	30	60
and 35.5 or 35.2 and	privilege violation
35.4	(improper sale or
display)
N.J.A.C. 13:2-35.1	BPP2	Broad package	10	30	60
and 35.2	privilege violation
(insufficient
equipment and/or bar)
N.J.A.C.	BULK	Transfer of	1	5	10
13:2-23.12	inventory without a
bulk permit
N.J.A.C.	CERT	License certificate	1	3	5
13:2-23.13(a)1	not conspicuously
displayed
N.J.A.C.	CHECK	Return of an unpaid	5	10	20
13:2-23.33	check to Division or
issuing authority
(penalties will
include original check
amount and
administrative costs)
13:2-8.13	CLUB1	Advertising	5	10	20
availability of
alcoholic beverages to
the public
13:2-8.8,	CLUB2	Sale beyond the	10	20	30
9 and 11	scope of the club
license, including,
but not limited to,
sale to non-member or
social affair
permittee
13:2-26.1	COOP1	Purchase of	10	20	30
alcoholic beverages by
a non-member
N.J.A.C. 13:2-26.1	COOP2	Allowed a person	10	20	30
not qualified and/or
minor permittee to
order for member or
employee of
cooperative
N.J.A.C. 13:2-26.1	COOP3	Allowed a purchase	10	20	30
by a non-member
retailer under
cooperative
13:2-24.8	COST	Sale of alcoholic	15	30	45
beverages below cost
N.J.A.C.	C PL 1	Sale of alcoholic	15	30	45
13:2-24.6(a)6	beverages not listed
on a "Current Price
List"
N.J.A.C.	C PL 2	Sale or acceptance	15	30	45
13:2-24.6(a)6	of alcoholic beverages
upon terms other than
set forth on a
"Current Price List"
N.J.A.C.	C PL 3	Failure to maintain	15	30	45
13:2-24.6(a)1 and 2	an "Historical Price
List" and "Marketing
Manual"
N.J.A.C.	C PL 4	Failure to timely file	1	10	15
13:2-24.6(a)4	"Current Price List"
13:2-24.4	CRED1	Wholesaler extended	15	30	45
credit to retailer on
COD status
N.J.A.C. 13:2-24.4	CRED2	Retailer received	15	30	45
credit from wholesaler
while on COD status
N.J.A.C. 13:2-24.1	DISC1	Terms of sale of	15	30	45	Revocation
alcoholic beverages
offered in
discriminatory manner
13:2-24.2	DISC2	Offers service to a	15	30	45	Revocation
licensee in a
discriminatory manner
33:1-26	DISQ1	Employed a	30	60	90	Revocation
and N.J.A.C.	criminally
13:2-14.5	disqualified person
33:1-25,	DISQ2	Criminally	Revocation
26	disqualified licensee
N.J.A.C. 13:2-24.4	CRED1	Wholesaler extended	15	30	45
credit to retailer on
COD status
N.J.A.C. 13:2-24.4	CRED2	Retailer received	15	30	45
credit from wholesaler
while on COD status
N.J.A.C.	E-141-A1	Employees list not	1	5	10
13:2-23.13(a)3	complete or available
on the licensed
premises
N.J.A.C.	E-141-A2	Employees list not	15	30	45
13:2-23.13(a)3	complete or available
on the licensed
premises and
criminally
disqualified employee
13:2-14.1	EMIN	Employing a minor	1	5	10
and/or 14.2	without a permit
N.J.A.C.	EPOL1	Employed a law	10	20	30
13:2-23.31(b)2 i	enforcement officer
without approval
33:1-26.1	EPOL2	Employed a law	15	30	45	Revocation
enforcement officer in
jurisdiction where law
enforcement officer
serves
N.J.A.C.	ESOL	Employment of a	15	30	45	Revocation
13:2-23:25	solicitor by a
retailer
33:1-12a	FETAL	Failure to display	1	3	5
Fetal Alcoholic
Syndrome warning
poster
2A:40-1;	GAMB1	Failure to notify	5	10	20
13:2-23.7(c)	of placement of
approved video game
within 48 hours of
placement
N.J.A.C.	GAMB2	Raffling of sealed	5	10	20
13:2-23.7(a)7	containers of
alcoholic beverages
without a permit
N.J.A.C.	GAMB3	Gambling	5	10	20
13:2-23.7(a)5	paraphernalia on the
licensed premises
N.J.A.C.	GAMB4A	Non-criminal	5	10	20
13:2-23.7(a)	gambling activity on
the licensed premises
N.J.A.C.	GAMB4B	Criminal gambling	30	60	90	Revocation
13:2-23.7(a)	activity on the
licensed premises
N.J.A.C.	GAMB5	Unapproved video	5	10	20
13:2-23.7(a)6	device on the licensed
premises
N.J.A.C.	GAMB6	Video or slot	30	60	90	Revocation
13:2-23.7(a)4	machine or other
gambling device
playing for money or
other valuable thing
N.J.A.C. 13:2-23.7	GAMB7A	Criminal gambling	90	Revocation
activity on the
licensed premises
involving an employee
N.J.A.C. 13:2-23.7	GAMB7B	Criminal gambling	Revocation
activity on the
licensed premises
involving a licensee
N.J.A.C. 13:2-23.7	GAMB7C	Non-criminal	10	20	30	Revocation
gambling activity on
the licensed premises
involving an employee
N.J.A.C. 13:2-23.7	GAMB7D	Non-criminal	10	20	30	Revocation
gambling activity on
the licensed premises
involving a licensee
N.J.S.A.	HIND1	Employee hindering	30	60	90	Revocation
33:1-35 /N.J.A.C.	an investigation
13:2-23.30
N.J.S.A.	HIND2	Licensee hindering	45	90	Revocation
33:1-35/N.J.A.C.	an investigation
13:2-23.30
13:2-38.1	HRS1	Sale of alcoholic	10	20	30
or 38.2	beverages before or
after the legal hour
or in violation of a
municipal ordinance
N.J.S.A. 33:1-31h	HRS2	Presence of	10	20	30
and N.J.A.C.	non-employee(s) after
13:2-38.1 or 38.2	the legal hour set by
a municipal ordinance
N.J.A.C. 13:2-20	INSIG	Alcoholic beverages	1	5	10
transported without a
transit insignia
N.J.A.C.	INV1	Failure to have	1	5	10
13:2-20.4(b) or 23.32	invoices available at
the licensed premises,
but produced within
seven business days of
demand
N.J.A.C.	INV2	Failure to maintain	30	60	Revocation
13:2-20.4(b) or 23.32	invoices or failure to
produce invoices
within seven business
days of demand
N.J.A.C.	LEWD1	Lewd activity on	30	60	90	Revocation
13:2-23.6(a)1	the licensed premises
N.J.A.C.	LEWD2	Lewd activity with	45	90	Revocation
13:2-23.6(a)1	audience participation
on the licensed
premises
N.J.A.C.	LEWD3	Lewd material on	10	20	30
13:2-23.14	the licensed premises
33:1-12	MERC	Conducted other	5	10	20
mercantile business on
the licensed premises
N.J.S.A.	NARC1	Narcotic activity	45	90	Revocation
33:2-23.5(b)	on the licensed
premises
N.J.A.C.	NARC2	Narcotic	45	90	Revocation
13:2-23.5(b)	paraphernalia on the
licensed premises
N.J.A.C.	NARC3	Narcotic activity	90	Revocation
13:2-23.5(b)	on the licensed
premises involving an
employee
N.J.A.C.	NARC4	Narcotic activity	Revocation
13:2-23.5(b)	on the licensed
premises involving a
licensee
N.J.A.C.	NUIS1	Licensed business	10	20	30
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.	NUIS2	Licensed business	30	60	90	Revocation
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.	ORDIN	Violation of any	10	20	30
33:1-31 (h)	ordinance, resolution
or regulation of an
issuing authority or
governing body
N.J.S.A. 33:1-31	ORDER	Violation of an	10	20	30
order of the Director
or of an issuing
authority
13:2-9.3	POSS	Failure to maintain	Indefinite	Indefinite	Indefinite	Revocation
continuing possession	suspension	suspension	suspension
and exclusive control	+ 10	+ 20	+ 30
of licensed premises	days	days	days
N.J.A.C.	PP	Prohibited	10	20	30
13:2-23.16	promotion
N.J.A.C.	PROHD	Accepted delivery	5	10	20
13:2-23.10	from a non-licensed
carrier
N.J.A.C.	PROHP	Purchased alcoholic	10	20	30
13:2-23.12(a) or (b)	beverages from a
prohibited source
N.J.A.C.	PROHS	Sale of alcoholic	10	20	30
13:2-23.12(b)	beverages to a
prohibited receiver
(retailer-retailer)
N.J.A.C.	PULA	Sale to a person	15	30	45	Revocation
13:2-23.1(a)	under the legal age,
but over the age of 18
N.J.A.C.	PULA/M	Sale to a person	30	60	90	Revocation
13:2-23.1(a)	under the age of 18
years
N.J.A.C.	REBATE	Prohibited consumer	5	10	20
13:2-24.11	rebate
N.J.A.C.	RET	Retailer	30	60	90	Revocation
13:2-23.24	received--parallel to
SOL3
33:1-11,	SBD1	Sale of less than	5	10	20
2c	one hundred forty-four
fluid ounces of malt
alcoholic beverages in
original containers
33:1-11,	SBD2	Sale of "chilled"	5	10	20
2c	malt alcoholic
beverages
33:1-12	SCOPE	Sale or consumption	10	20	30
beyond the scope of
the license
N.J.S.A.	SOL1	Solicitor offered	15	30	45	Revocation
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
13:2-16.1	allowed 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.	SOL2	Solicitor employed	15	30	45	Revocation
13:2-16.12	by or connected in
business capacity to a
retail licensee
N.J.A.C.	SOL3	Solicitor offered a	30	60	90	Revocation
13:2-16.11(b)	cash rebate, free
goods or other
incentive not
contained on Current
Price List
N.J.A.C. 13:2-16.3	SOL4	Solicitor held a	15	30	45	Revocation
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.	STAMP	Federal Tax Stamp	1	3	5
33:1-31 (e)	not available
N.J.A.C.	STOR1	Storage of	5	10	20
13:2-23.21	alcoholic beverages
off the licensed
premises without a
permit or not in a
licensed warehouse
N.J.A.C.	STOR2	Storage of	5	10	20
13:2-23.21	alcoholic beverages
for a time period
exceeding 72 hours
following receipt of a
delivery for a fellow
co-op member
N.J.A.C.	SUSPV	Prohibited activity	10	20	30
13:2-23.27	during license
suspension
N.J.A.C.	TAP	Tap connected to a	5	10	20
13:2-23.22(a)	container of malt
alcoholic beverages
not truly indicating
name or brand
N.J.S.A.	TAX	Knowing failure to	15	30	60
33:1-31(d)	pay taxes described in
N.J.S.A. 33:1-31
N.J.A.C.	TOX1	Sale of alcoholic	15	30	45	Revocation
13:2-23.1(b)	beverages to an
intoxicated patron
N.J.A.C.	TOX2	Licensee or	15	30	45	Revocation
13:2-23.20	employee working at
licensed premises
while intoxicated
N.J.A.C.	TRANS	Transporting	10	20	30
13:2-20.4(a) and	alcoholic beverages
13:2-20.3	without proper
documents
33:1-25	UI1	Undisclosed person,	30	60	90	Revocation
not otherwise
disqualified, with a
beneficial interest in
a liquor license or
licensed business
33:1-26	UI2	Person under the	Revocation
age of 18 or
criminally
disqualified person
with an undisclosed
beneficial interest in
a liquor license or
licensed business
N.J.S.A.	UI3	Acquiring a	Revocation
33:1-12.31	beneficial interest in
more than two retail
liquor licenses
N.J.S.A.	UI4	Solicitor with an	Revocation
33:1-43 /N.J.A.C.	undisclosed business
13:2-16.12	relationship to or a
beneficial interest in
a retail license
N.J.A.C.	UI5	Police officer,	Revocation
13:2-23.31	peace 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. 33:1-43	UI6	A brewery, winery,	Revocation
distillery, rectifying
and blending plant or
wholesale licensee
with an undisclosed
interest in a retail
liquor license
N.J.A.C.	WHOL1	Wholesaler	30	60	90	Revocation
13:2-16.11 and 23.28	responsible for
solicitor violating
13:2-16.3
and/or 16.11
N.J.A.C.	WHOL2	Wholesaler hired,	30	60	90	Revocation
13:2-16.1 4	as 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.	WHOL3	Wholesaler paid	30	60	90	Revocation
13:2-16.14	commission 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.

N.J. Admin. Code § 13:2-19.11

Amended by 48 N.J.R. 1302(b), effective 6/20/2016