Annual Municipal Clerk’s Annual Municipal Clerk’s Association Education Association Education

Conference Conference

March 25, 2014March 25, 2014

State of New JerseyDepartment of Law & Public SafetyDivision of Alcoholic Beverage ControlLicensing Bureau

License RenewalLicense Renewal

All licenses must be renewed annually on application forms provided by the DivisionAll licenses must be renewed annually on application forms provided by the Division

Retail licenses - July 1Retail licenses - July 1stst June 30 June 30thth

Summer Seasonal - May 1Summer Seasonal - May 1stst thru November 15 thru November 15thth

(This year, by Executive Order, the Governor granted Seasonal Licenses (This year, by Executive Order, the Governor granted Seasonal Licenses the the ability to open on March 1ability to open on March 1stst ) )

Winter Seasonal - November 15Winter Seasonal - November 15thth thru May 1 thru May 1stst

All licenses expire on June 30All licenses expire on June 30thth and are required to be renewed on a timely basis and are required to be renewed on a timely basis

NOTENOTE: : Applications may Applications may notnot be approved without an Alcoholic Beverage Retail be approved without an Alcoholic Beverage Retail License Clearance Certificate for Renewal from the Division of TaxationLicense Clearance Certificate for Renewal from the Division of Taxation

See “Governing Body Procedural Instructions” handout packet pages 1-4.See “Governing Body Procedural Instructions” handout packet pages 1-4.

NEW THIS YEAR…NEW THIS YEAR…

*** *** MANDATORYMANDATORY *** ***

““E-Mail Address Form” E-Mail Address Form” mustmust be returned with be returned with renewal application and fees. See the orange form renewal application and fees. See the orange form in your renewal packet which will be sent by the in your renewal packet which will be sent by the Division next month. Division next month.

All licensees must provide an E-Mail address on All licensees must provide an E-Mail address on this orange form at time of renewal this year.this orange form at time of renewal this year.

This is mandatory for all licensees.This is mandatory for all licensees.

Special Ruling pursuant to Special Ruling pursuant to N.J.S.AN.J.S.A. 33:1-12.39. 33:1-12.39

Applications stamped Applications stamped ““12.39 Relief Required12.39 Relief Required”” have been inactive for two or more have been inactive for two or more license terms.license terms.

Procedures to petition the Director are included in your renewal packet and should be Procedures to petition the Director are included in your renewal packet and should be given to each licensee required to petition.given to each licensee required to petition.

Accept the renewal application and fees, and forward to the Division.Accept the renewal application and fees, and forward to the Division.

Do not act upon renewal prior to the licensee receiving a Special Ruling from the Do not act upon renewal prior to the licensee receiving a Special Ruling from the Director.Director.

Do not act upon renewal without a Tax Clearance Certificate.Do not act upon renewal without a Tax Clearance Certificate.

See “12.39 Procedure for Licensees to Petition the Director” handout packet pages 5-7 See “12.39 Procedure for Licensees to Petition the Director” handout packet pages 5-7 which can be given to licensees.which can be given to licensees.

To determine which licensees need Special Rulings, see “At a Glance” handout packet To determine which licensees need Special Rulings, see “At a Glance” handout packet page 8.page 8.

N.J.S.AN.J.S.A. 33:1-12.39 Procedures. 33:1-12.39 Procedures

Licensees can submit their petitions to the Division no earlier than Licensees can submit their petitions to the Division no earlier than May 15May 15thth..

A copy of the Verified Petition must be submitted to the municipal A copy of the Verified Petition must be submitted to the municipal clerk at the same time the original is submitted to the Division.clerk at the same time the original is submitted to the Division.

The renewal application and fee must be received by the Division in The renewal application and fee must be received by the Division in order for the 12.39 relief to be considered.order for the 12.39 relief to be considered.

See “12.39 Procedural Letter for Licensees,” handout packet pages See “12.39 Procedural Letter for Licensees,” handout packet pages 5-7 which can be given to licensees.5-7 which can be given to licensees.

Questions can be directed to Chris Margounakis at (609) 292-9301.Questions can be directed to Chris Margounakis at (609) 292-9301.

Renewal applications and fees filed Renewal applications and fees filed on or on or beforebefore July 30 July 30thth are considered timely filed. are considered timely filed.

Applications and fees filed Applications and fees filed afterafter July 30 July 30thth are are considered late and will required a Special considered late and will required a Special Ruling pursuant to Ruling pursuant to N.J.S.A.N.J.S.A. 33:1-12.18 from the 33:1-12.18 from the Division.Division.

Timely Filing of Renewal ApplicationsTimely Filing of Renewal Applications

The statute permits a license holder to petition the Director following the The statute permits a license holder to petition the Director following the expiration of the license renewal period and request a Special Ruling to expiration of the license renewal period and request a Special Ruling to permit the filing of an application for a “new” license upon failure to timely permit the filing of an application for a “new” license upon failure to timely renew.renew.

As a result of P.L. 2010, c. 14, the time for filing a late renewal application is As a result of P.L. 2010, c. 14, the time for filing a late renewal application is now July 30 of the year ending the term for which renewal is sought. now July 30 of the year ending the term for which renewal is sought.

A licensee that files its renewal application and filing fees with the issuing A licensee that files its renewal application and filing fees with the issuing authority after July 30th of the license term, authority after July 30th of the license term, andand its verified petition and filing its verified petition and filing fee with the Division by July 30th of the year following the ending term must fee with the Division by July 30th of the year following the ending term must receive a Special Ruling from the Director before the license can be issued.receive a Special Ruling from the Director before the license can be issued.

If a licensee files a renewal application between July 31, 2013 and July 30, If a licensee files a renewal application between July 31, 2013 and July 30, 2014, you may accept the renewal application and fees, but advise them 2014, you may accept the renewal application and fees, but advise them that the license will lapse and cease to exist if they do not file a 12.18 that the license will lapse and cease to exist if they do not file a 12.18 petition and fees to the Division of ABC by July 30, 2014.petition and fees to the Division of ABC by July 30, 2014.

See handout packet pages 9-10 (2013-2014 license term) and pages 11-12 See handout packet pages 9-10 (2013-2014 license term) and pages 11-12 (2014-2015 license term).(2014-2015 license term).

Special Ruling pursuant to Special Ruling pursuant to N.J.S.A.N.J.S.A. 33:1-12.18 33:1-12.18

N.J.S.A.N.J.S.A. 33:1-12.18 - Procedures 33:1-12.18 - Procedures

To obtain a Special Ruling, the Director must make a written To obtain a Special Ruling, the Director must make a written determination that the applicant’s failure to apply for a renewal determination that the applicant’s failure to apply for a renewal of their license in a timely manner was due to circumstances of their license in a timely manner was due to circumstances beyond the licensee’s control.beyond the licensee’s control.

In order to process a Special Ruling, it is necessary for:In order to process a Special Ruling, it is necessary for: the licensee to submit a verified petition & $100 filing fee the licensee to submit a verified petition & $100 filing fee

to the Division on or before July 30 of the year ending to the Division on or before July 30 of the year ending term.term.

A copy of the verified petition A copy of the verified petition mustmust be submitted to the municipal clerk at be submitted to the municipal clerk at the same time the original is submitted to the Divisionthe same time the original is submitted to the Division

proof that the renewal application and fees were filed with proof that the renewal application and fees were filed with the issuing authority the issuing authority on or before July 30 of the year on or before July 30 of the year ending term.ending term.

See “Notice to Clerks” dated August 9, 2013, Extraordinary See “Notice to Clerks” dated August 9, 2013, Extraordinary Circumstances, handout packet page 13.Circumstances, handout packet page 13.

N.J.S.A.N.J.S.A. 33:1-12.18 33:1-12.18 (continued…)(continued…)

Once the Special Ruling is granted by the Director:Once the Special Ruling is granted by the Director:

The licensee must complete the necessary publication The licensee must complete the necessary publication requirements requirements (see sample publication requirement handout packet (see sample publication requirement handout packet pages 14-15).pages 14-15).

Receipt of a Tax Clearance Certificate for renewal.Receipt of a Tax Clearance Certificate for renewal.

The Governing Body may then consider renewal of the subject The Governing Body may then consider renewal of the subject license for the license term and grant or deny renewal in the license for the license term and grant or deny renewal in the reasonable exercise of its discretion.reasonable exercise of its discretion.

The resolution should reference that the license is renewed pursuant to The resolution should reference that the license is renewed pursuant to N.J.S.A.N.J.S.A. 33:1-12.18 Special Ruling granted by the Director to permit the 33:1-12.18 Special Ruling granted by the Director to permit the issuance of a “new” license upon failure to timely renew for the issuance of a “new” license upon failure to timely renew for the

201_ -201_ license term.201_ -201_ license term.

ResolutionsResolutions

All Resolutions should clearly All Resolutions should clearly list:list: License NumberLicense Number Licensee NameLicensee Name Licensed PremiseLicensed Premise License Renewal Term License Renewal Term Date AdoptedDate Adopted

Renewal ResolutionsRenewal Resolutions

Once the resolution is adopted forward to the Division:Once the resolution is adopted forward to the Division:

Your issuing authority has no jurisdiction to act on the renewal Your issuing authority has no jurisdiction to act on the renewal of license without an Alcoholic Beverage Retail Licensee of license without an Alcoholic Beverage Retail Licensee Clearance Certificate for Renewal from the Division of Clearance Certificate for Renewal from the Division of Taxation.Taxation. Check your confidential Web address Check your confidential Web address Municipal Clerks may contact the Municipal Clerks may contact the Division of Taxation’s Division of Taxation’s

ABC Licensing UnitABC Licensing Unit at at (609) 292-0043(609) 292-0043 It is the It is the licenseelicensee who must be in tax compliance. who must be in tax compliance.

Licensees will be given a list of field offices to contactLicensees will be given a list of field offices to contact

Licenses will not be considered renewed until your Resolution Licenses will not be considered renewed until your Resolution has been received by this Division.has been received by this Division.

Municipal Resolutions with Special ConditionsMunicipal Resolutions with Special Conditions

Resolution must specifically include any Special Conditions that are to be applied to the Resolution must specifically include any Special Conditions that are to be applied to the license for that license term only. license for that license term only.

Conditions may not be imposed for matters not directly related to alcoholic beverage Conditions may not be imposed for matters not directly related to alcoholic beverage control.control.

For Special Conditions to become effective, they must be imposed at the time of For Special Conditions to become effective, they must be imposed at the time of issuance, renewal or transfer of a license.issuance, renewal or transfer of a license.

Special Conditions may not be “revisited” during the license term, however, a Special Special Conditions may not be “revisited” during the license term, however, a Special Condition may be “relaxed” at any time during the license term by Resolution.Condition may be “relaxed” at any time during the license term by Resolution.

Copies of Resolutions imposing Special Conditions must be submitted to the Division.Copies of Resolutions imposing Special Conditions must be submitted to the Division.

Filing an AppealFiling an Appeal

Licensee’s can appeal municipal actions relating Licensee’s can appeal municipal actions relating to:to:-- Renewal of licenseRenewal of license-- Transfer of licenseTransfer of license-- Issuance of a new licenseIssuance of a new license-- Suspension of licenseSuspension of license-- Special conditions imposed on a licenseSpecial conditions imposed on a license

See “Procedure to File an Appeal” handout See “Procedure to File an Appeal” handout packet pages 16-17.packet pages 16-17.

Concessionaire AgreementConcessionaire Agreement

What can a licensee do when they want What can a licensee do when they want to have someone operate their kitchen?to have someone operate their kitchen?

See Opinion Letter – “Concession and See Opinion Letter – “Concession and Lease Agreements” handout packet Lease Agreements” handout packet pages 18-19.pages 18-19.

KITCHEN OPERATOR IS DISCLOSED HERE:

Questions 4.4 & 4.5Other Operations

(applicant or other)

License TransferLicense Transfer

A license may be transferred from: A license may be transferred from: one person or entity to anotherone person or entity to another one place to another one place to another or bothor both

State FeeState Fee - $200 - $200

Municipal FeeMunicipal Fee 10% of annual renewal fee 10% of annual renewal fee

person-to-person person-to-person place-to-place transferplace-to-place transfer

20% of annual renewal fee20% of annual renewal feecombined transfer - both person-to-person and combined transfer - both person-to-person and place-to-place place-to-place

See “Transfer Guide” handout packet page 20.See “Transfer Guide” handout packet page 20.

Transfer FactsTransfer Facts

A A person-to-personperson-to-person transfer is transfer is

necessary: necessary:

Whenever a license is to change from Whenever a license is to change from

one person or entity to another.one person or entity to another.

Transfer Facts Transfer Facts (continued…)(continued…)

A A place-to-placeplace-to-place transfer is necessary: transfer is necessary:

Whenever a licensee wishes to change the place Whenever a licensee wishes to change the place

where the license is sited (business location) orwhere the license is sited (business location) or To site the license at an operating place of business To site the license at an operating place of business

following a period of inactivity following a period of inactivity when the license has been “pocketed” (not sited at a when the license has been “pocketed” (not sited at a business location) orbusiness location) or

Wishes to permanently expand the scope of the Wishes to permanently expand the scope of the license premises orlicense premises or

To delicense a portion of the premises.To delicense a portion of the premises.

Transfer Facts Transfer Facts (continued…)(continued…)

Distance between Distance between

premises ordinance, premises ordinance,

if any.if any.

The statute prohibition of The statute prohibition of

siting a license within 200 feet siting a license within 200 feet

of any church or school without of any church or school without

a waiver, as mandated in a waiver, as mandated in

N.J.S.AN.J.S.A. 33:1-76.. 33:1-76.

For a For a place-to-placeplace-to-place transfer, particular attention needs to be given to: transfer, particular attention needs to be given to:

Transfer Facts Transfer Facts (continued…)(continued…)

For a For a place-to-place expansionplace-to-place expansion, particular attention needs to be given to:, particular attention needs to be given to:

- - The area in which the licensee wishes to extend must be contiguous or The area in which the licensee wishes to extend must be contiguous or

adjoin the permanently licensed premises.adjoin the permanently licensed premises.

- - It is possible for a licensee to expand the licensed premises to than one It is possible for a licensee to expand the licensed premises to than one

building on a property.building on a property.

- - No public or private thoroughfare may bisect between the facilities to No public or private thoroughfare may bisect between the facilities to

be be included under one license.included under one license.

-- All locations must be under the control of the same legal entity although All locations must be under the control of the same legal entity although

different registered trade names may be used for each building.different registered trade names may be used for each building.

NOTENOTE: A voluntary abandonment of all of the licensed premises shall be a : A voluntary abandonment of all of the licensed premises shall be a

change of facts (amendment). A place-to-place transfer is not required. change of facts (amendment). A place-to-place transfer is not required.

N.J.A.CN.J.A.C. 13:2-7.2(d).. 13:2-7.2(d).

Transfer RequirementsTransfer Requirements

Notice of PublicationNotice of Publication - - the transferee must insert a public the transferee must insert a public notice in a newspaper of local circulation.notice in a newspaper of local circulation.

Public notice must appear twice, one week apart.Public notice must appear twice, one week apart.

Municipality may not transfer a license until five (5) business Municipality may not transfer a license until five (5) business days after the second notice has been published. (days after the second notice has been published. (N.J.A.CN.J.A.C. . 13:2-7.6).13:2-7.6).

Transfer Requirements Transfer Requirements (continued…)(continued…)

PERSON-TO-PERSON TRANSFER ONLY:PERSON-TO-PERSON TRANSFER ONLY:

Consent to TransferConsent to Transfer - - N.J.S.A.N.J.S.A. 33:1-26 requires that an issuing 33:1-26 requires that an issuing authority only consider a transfer application if the application contains authority only consider a transfer application if the application contains “the consent in writing of the licensee to the transfer.”“the consent in writing of the licensee to the transfer.”

Note: The issuing authority has no jurisdiction to consider a transfer Note: The issuing authority has no jurisdiction to consider a transfer application without a consent to transfer.application without a consent to transfer.

Clearance CertificateClearance Certificate - - An Alcoholic Beverage Retail Licensee An Alcoholic Beverage Retail Licensee “Transfer Clearance Certificate” “Transfer Clearance Certificate” mustmust be obtained be obtained from the New from the New Jersey Division of Taxation’s ABC Licensing Unit before the license Jersey Division of Taxation’s ABC Licensing Unit before the license can be transferred (609-292-0043).can be transferred (609-292-0043).

A municipal issuing authority A municipal issuing authority may notmay not consider a person-to-person consider a person-to-person transfer application unless it receives an Alcoholic Beverage Retail transfer application unless it receives an Alcoholic Beverage Retail Licensee Clearance Certificate.Licensee Clearance Certificate.

Transfer Investigations by MunicipalityTransfer Investigations by Municipality

Any investigation by the issuing authority Any investigation by the issuing authority should include:should include:

fingerprintingfingerprinting a criminal background checka criminal background check financial disclosure documentation financial disclosure documentation

THIS INVESTIGATION THIS INVESTIGATION SHOULD BE CONDUCTED BY THE POLICE SHOULD BE CONDUCTED BY THE POLICE DEPARTMENT. (DEPARTMENT. (N.J.A.C.N.J.A.C. 13:2-7.7) 13:2-7.7)

Transfer ResolutionsTransfer Resolutions

The text of the Municipal Resolution should be conclusive and The text of the Municipal Resolution should be conclusive and may not be contingent upon future events.may not be contingent upon future events.

Once approved, a license transfer cannot be reversed.Once approved, a license transfer cannot be reversed.

The only way to correct an improperly transferred license is The only way to correct an improperly transferred license is through a new transfer procedure.through a new transfer procedure.

Once a transfer resolution becomes effective, it may not be Once a transfer resolution becomes effective, it may not be rescinded.rescinded.

The resolution approving the transfer should be forwarded to The resolution approving the transfer should be forwarded to the Licensing Bureau as soon as enacted by the issuing the Licensing Bureau as soon as enacted by the issuing authority.authority.

Endorsement of License CertificateEndorsement of License Certificate

Following approval of a transfer the municipal clerk/ABC Board Following approval of a transfer the municipal clerk/ABC Board Secretary shall affix an endorsement upon the face of the Secretary shall affix an endorsement upon the face of the existingexisting license certificate as follows: license certificate as follows:

The license, subject to all of its terms and conditions, is The license, subject to all of its terms and conditions, is hereby transferred . . .hereby transferred . . .

effective dateeffective dateto (name of transferee) to (name of transferee) forfor a a person-to-person transfer person-to-person transferfor premises located at (address of premises or notation “no for premises located at (address of premises or notation “no premises” and insert mailing addresspremises” and insert mailing addressfrom (former location) to (new location) from (former location) to (new location) for afor a place-to-place place-to-place transfertransfer

Date of EndorsementDate of Endorsement Name of Issuing Authority Name of Issuing Authority By Name of Clerk/SecretaryBy Name of Clerk/Secretary

Endorsement of License CertificateEndorsement of License Certificate (continued…)(continued…)

The endorsed license certificate should be The endorsed license certificate should be displayed on the premises of the new active displayed on the premises of the new active licensee.licensee.

Licenses that are inactive the certificate is Licenses that are inactive the certificate is maintained in the municipal files.maintained in the municipal files.

If you prefer a new certificate to be printed you If you prefer a new certificate to be printed you can fax a written request to the Licensing can fax a written request to the Licensing Bureau.Bureau.

Conflict License - TransferConflict License - Transfer

A municipal issuing A municipal issuing authority authority may notmay not issueissue a license to or a license to or transfertransfer a license a license to or to or fromfrom any corporation, any corporation, organization or organization or association, in which association, in which any of its members any of its members holds a direct or indirect holds a direct or indirect interest.interest.

In circumstances where In circumstances where a member of the a member of the issuing authority holds issuing authority holds an interest in the an interest in the license, the license license, the license action (application for action (application for renewal or transfer) renewal or transfer) must be handled by the must be handled by the Director.Director.

Conflict License – Transfer ProcedureConflict License – Transfer Procedure

The following items should be forwarded to the Division for The following items should be forwarded to the Division for handling of the transfer:handling of the transfer:

Transfer Application and filing feeTransfer Application and filing fee

Consent to TransferConsent to Transfer

Bulk Sale Permit Application (fee if applicable)Bulk Sale Permit Application (fee if applicable)

A copy of the Alcoholic Beverage Retail Licensee A copy of the Alcoholic Beverage Retail Licensee Clearance CertificateClearance Certificate

A resolution stating that the governing body has no A resolution stating that the governing body has no objection to the Director transferring the license objection to the Director transferring the license pursuant to pursuant to N.J.A.C.N.J.A.C. 13:2-4.6 13:2-4.6

Conflict License – Transfer ProcedureConflict License – Transfer Procedure

The Division will request from the licensee:The Division will request from the licensee:

-- The Notice of PublicationThe Notice of Publication(Objections are made to the Director)(Objections are made to the Director)

-- All the necessary documents to complete a All the necessary documents to complete a background investigation which includes the background investigation which includes the fingerprinting processfingerprinting process

Once the Director approves the transfer the license Once the Director approves the transfer the license certificate will be endorsed and mailed. certificate will be endorsed and mailed.

If the license is inactive you are to hold the certificate If the license is inactive you are to hold the certificate in your office.in your office.

.

Corporate Structure ChangeCorporate Structure Change

When a change in the corporate When a change in the corporate stockholdings of a licensed corporation stockholdings of a licensed corporation occurs, that change must be reported to the occurs, that change must be reported to the issuing authority issuing authority within ten (10) dayswithin ten (10) days of the of the sale of the corporation’s shares.sale of the corporation’s shares.

This action does not constitute a license This action does not constitute a license transfer but is handled as a change in transfer but is handled as a change in corporate structure.corporate structure.

Changes encompassing one-third or more Changes encompassing one-third or more of the total number of issued shares, the of the total number of issued shares, the change must be reported by the filing of a change must be reported by the filing of a complete 12-page application.complete 12-page application.

Changes constituting less than one-third of Changes constituting less than one-third of the total issued shares, the change is the total issued shares, the change is reported by amending the last application reported by amending the last application on file. on file.

Corporate Structure Change Corporate Structure Change (continued…)(continued…)

Any Any newnew stockholder: stockholder:

must be fully qualified to must be fully qualified to hold an alcoholic beverage hold an alcoholic beverage licenselicense

acquiring 1% or more of the acquiring 1% or more of the corporations stock must corporations stock must publish in a newspaper of publish in a newspaper of local circulationlocal circulation

Individuals name & Individuals name & addressaddress

Name of licensed Name of licensed corporationcorporation

A copy of the corporate A copy of the corporate structure change application structure change application must be forwarded to the must be forwarded to the Licensing BureauLicensing Bureau

No filing fee is requiredNo filing fee is required

No requirement for the No requirement for the issuing authority to approve issuing authority to approve a stockholder change by a stockholder change by resolutionresolution

Extension of LicenseExtension of License

In the case of:In the case of: deathdeath bankruptcybankruptcy receivership or receivership or

incompetency of a licenseeincompetency of a licensee or if for any reason or if for any reason

whatsoever, the operation whatsoever, the operation of the business covered by of the business covered by a license passes by a license passes by operation of law to a operation of law to a person other than the person other than the licensee:licensee:

The licensed business The licensed business may only be operated may only be operated after the license has after the license has been extended by the been extended by the municipality.municipality.

Extension of License Extension of License (continued…)(continued…)

When a license is owned When a license is owned by an by an individual individual who who dies or goes into dies or goes into bankruptcy (Chapter 13), bankruptcy (Chapter 13), receivership, or similar receivership, or similar court supervised court supervised insolvency proceedings, insolvency proceedings, the license must be the license must be extended to the extended to the executor, administrator, executor, administrator, trustee or person duly trustee or person duly appointed by the court.appointed by the court.

A full 12-page A full 12-page application must be filed application must be filed along with documented along with documented proof of court proof of court appointment pursuant to appointment pursuant to N.J.A.C.N.J.A.C. 13:2-6.1 13:2-6.1

The municipality must The municipality must approve the extension of approve the extension of license by resolutionlicense by resolution

No filing fees requiredNo filing fees required

No public notice requiredNo public notice required

Extension of License Extension of License (continued…)(continued…)

The Director may issue a special permit for a The Director may issue a special permit for a limited time until the municipal determination.limited time until the municipal determination.

Special Permit to Operate Under Licensee of a Special Permit to Operate Under Licensee of a Deceased Person Pending Extension of Such Deceased Person Pending Extension of Such License to the Executor or the AdministratorLicense to the Executor or the Administrator

This permit is obtained upon the death of a This permit is obtained upon the death of a licensee by an executor or administrator or an licensee by an executor or administrator or an estate, a trustee or receiver in bankruptcy. This estate, a trustee or receiver in bankruptcy. This permit allows the continued operation of the permit allows the continued operation of the licensed business pending formal extension of licensed business pending formal extension of the license by municipal resolution.the license by municipal resolution.

Extension of License Extension of License (continued…)(continued…)

If the licensee is a If the licensee is a corporation or corporation or partnership and one of partnership and one of the parties who holds the parties who holds an interest in the an interest in the license is affected, the license is affected, the license business may license business may continue to operate continue to operate without a special without a special permit.permit.

The license however The license however must be amended to must be amended to show how the show how the affected party’s affected party’s interest is being interest is being controlled.controlled.

N.J.S.A.N.J.S.A. 33:1-26; 33:1-26; N.J.A.C.N.J.A.C. 13:2-6 13:2-6

Ad Interim PermitAd Interim Permit

An application for an Ad Interim permit may be submitted to An application for an Ad Interim permit may be submitted to the Division when:the Division when:

a license is a license is not renewednot renewed by the issuing municipality by by the issuing municipality by resolution on time to be effective on the first day of the resolution on time to be effective on the first day of the new license termnew license term

and the licensee has filed the renewal applicationand the licensee has filed the renewal application paid the filing feespaid the filing fees

The permit will allow the licensed business to operate until the The permit will allow the licensed business to operate until the municipal issuing authority can meet and renew the license by municipal issuing authority can meet and renew the license by resolution.resolution.

Ad Interim Permit Ad Interim Permit (continued…)(continued…)

The application The application mustmust be accompanied by: be accompanied by:

a letter from the Municipal Clerk/ABC Board Secretary indicating a letter from the Municipal Clerk/ABC Board Secretary indicating that the application and fees have been filed and that there is no that the application and fees have been filed and that there is no objection to issuance of the temporary permitobjection to issuance of the temporary permit

The fee for this permit is $75 plus the daily fee of $5 The fee for this permit is $75 plus the daily fee of $5 per day payable to the Division of ABC.per day payable to the Division of ABC.

The application must be completed in full.The application must be completed in full.

The licensee The licensee mustmust have obtained a clearance certificate have obtained a clearance certificate from the Division of Taxation from the Division of Taxation before the permit will be before the permit will be issued.issued.

Extension of Premises Extension of Premises PermitPermit

When the licensee wishes to When the licensee wishes to hold an event in an area off the hold an event in an area off the licensed premises but on licensed premises but on property that is contiguous to property that is contiguous to it:it:

Application must include:Application must include: information regarding the information regarding the

nature of the eventnature of the event the locationthe location date and timedate and time

Include a rough drawn sketch Include a rough drawn sketch depicting the extended area as depicting the extended area as it adjoins the licensed it adjoins the licensed premisespremises

The fee for this permit is $75 The fee for this permit is $75 per day payable to the Divisionper day payable to the Division

Application form must be Application form must be endorsed byendorsed by

Municipal Clerk/ABC Board Municipal Clerk/ABC Board SecretarySecretary

Chief of Police of the Chief of Police of the municipality in which the municipality in which the license is issuedlicense is issued

applicantapplicant

Catering PermitCatering PermitAn application must be submitted when a retail consumption An application must be submitted when a retail consumption licensee wishes to sell alcoholic beverages in open containers off licensee wishes to sell alcoholic beverages in open containers off its licensed premises.its licensed premises.

The fee is $100 per day (for each 24 hour period).The fee is $100 per day (for each 24 hour period).

Only 25 permits may be issued for any one location in a calendar Only 25 permits may be issued for any one location in a calendar year.year.

A detailed sketch of the locations where alcoholic beverages are to A detailed sketch of the locations where alcoholic beverages are to be dispensed including:be dispensed including:

the bar areathe bar area location of person checking ID’slocation of person checking ID’s

Catering Permit Catering Permit (continued…)(continued…)

Applications must be Applications must be endorsed by:endorsed by:

Municipal Clerk/ABC Board Municipal Clerk/ABC Board SecretarySecretary

Chief of Police Chief of Police in the in the municipality where the sale municipality where the sale will take placewill take place

An authorized person at An authorized person at the premise where the the premise where the affair is to be heldaffair is to be held

Applications must be Applications must be submitted to the Division submitted to the Division at least two weeks prior at least two weeks prior to the event.to the event.

New License IssuanceNew License Issuance

A municipality may A municipality may issue a new license if issue a new license if they are under the they are under the population cap. See population cap. See N.J.S.A.N.J.S.A. 33:2-12.14. 33:2-12.14.

The two methods to The two methods to issue a new license:issue a new license:

1.1. Historical MethodHistorical Method

2.2. Public Sale Public Sale Option (bid)Option (bid)

See handout packet pages 21-26.See handout packet pages 21-26.

Club LicenseClub LicenseClub Licenses are a source of many inquiries Club Licenses are a source of many inquiries and complaints at the Division.and complaints at the Division.Many Club Licenses operate contrary to law.Many Club Licenses operate contrary to law.Club licenses MAY NOT operate as a retail Club licenses MAY NOT operate as a retail licensee.licensee.They MAY NOT be open to the general public.They MAY NOT be open to the general public.See handout packet pages 27-38.See handout packet pages 27-38.

Driver’s License ScannersDriver’s License Scanners

N.J.S.A.N.J.S.A. 39:2-3.3 – 3.6 “ 39:2-3.3 – 3.6 “Driver Privacy Driver Privacy Protection Act.”Protection Act.”

A licensee cannot retain driver’s A licensee cannot retain driver’s license information without the driver’s license information without the driver’s consent.consent.

44thth degree crime and allows civil suits degree crime and allows civil suits with punitive damage.with punitive damage.

Social Affair PermitSocial Affair Permit

FeeFee Schedule:Schedule:

$100 for a one-day permit issued to$100 for a one-day permit issued tociviccivicreligiousreligiouseducational organizationseducational organizations

$150 for a one-day permit issued to$150 for a one-day permit issued toany other non-profit organizationany other non-profit organization

Issued to a Issued to a bona fide, non-profit organizationbona fide, non-profit organization that wishes to that wishes to hold a fundraising event that encompasses the sale of hold a fundraising event that encompasses the sale of alcoholic beverages and where the monies that accrue will be alcoholic beverages and where the monies that accrue will be used for civic, religious, educational or other purposes that are used for civic, religious, educational or other purposes that are not for personal or profit making corporate gain.not for personal or profit making corporate gain.

Social Affair Permit Social Affair Permit (continued…)(continued…)

This permit is frequently issued to authorize the sale and service of alcoholic beverages at:

carnivals church feasts bazaars parades, etc.

No organization may receive more than 12 such one-day permits in any calendar year.

No more than 25 permits may be issued at a location in a calendar year.

The permittee may sell alcoholic beverages only in open containers for consumption on the premises at which the event is to be held and which is covered by the permit issued.

Social Affair Permit Social Affair Permit (continued…)(continued…)

Organizations making application for the first time will Organizations making application for the first time will be required to submit:be required to submit:

proof of non-profit status in New Jerseyproof of non-profit status in New Jersey

Acceptable forms of proof are:Acceptable forms of proof are: certificate of incorporationcertificate of incorporation federal tax exempt certificatefederal tax exempt certificate or combinations of: or combinations of:

charter or by-lawscharter or by-laws

financial recordsfinancial records

membership listsmembership lists

Social Affair PermitSocial Affair Permit (continued…)(continued…)A sketch of the location where alcoholic beverages are to be dispensed must A sketch of the location where alcoholic beverages are to be dispensed must accompany the application including:accompany the application including:

the bar areathe bar area location of person checking ID’slocation of person checking ID’s

Applications must be endorsed by:Applications must be endorsed by:

Municipal Clerk/ABC Board SecretaryMunicipal Clerk/ABC Board Secretary Municipal Police ChiefMunicipal Police Chief An authorized person at the premise on which the event is to be heldAn authorized person at the premise on which the event is to be held

Applications must be submitted to the Division at least two weeks prior to the Applications must be submitted to the Division at least two weeks prior to the date of the affair.date of the affair.

Social Affair Permit questions? Please call the Permits Section: Charlotte Social Affair Permit questions? Please call the Permits Section: Charlotte Snyder, at (609) 984-1954.Snyder, at (609) 984-1954.

See “Notice to Clerks” dated August 9, 2013, See “Notice to Clerks” dated August 9, 2013, handout packet page 39.handout packet page 39.

Disciplinary MattersDisciplinary Matters

Problem licensee – what can Problem licensee – what can you do?you do?

Call our Call our Investigations BureauInvestigations Bureau toll free at toll free at (866) 713-8392(866) 713-8392, or , or speak to your local chief of speak to your local chief of police or your mayor.police or your mayor.

Local police can charge Local police can charge licensees with violations. licensees with violations. Have the police department Have the police department call our Enforcement Bureau call our Enforcement Bureau for further information.for further information.

Impose Special Conditions on Impose Special Conditions on the license at time of renewal, the license at time of renewal, issuance or transfer to curtail issuance or transfer to curtail specific problems at a licensed specific problems at a licensed premises.premises.

Tastings held at Licensed PremisesTastings held at Licensed PremisesA “Tasting Event” is a scheduled event hosted by a A “Tasting Event” is a scheduled event hosted by a licensee or social affair permittee where samples are licensee or social affair permittee where samples are provided. The event may be open to the general public provided. The event may be open to the general public or limited by invitation.or limited by invitation.

See handout packet pages 40-43 for See handout packet pages 40-43 for ConsumptionConsumption “33” Licensed premises. “33” Licensed premises.

See handout packet pages 44-49 for See handout packet pages 44-49 for DistributionDistribution “44” Licensed premises. “44” Licensed premises.

Alcohol Server TrainingAlcohol Server Training

While the Division of Alcoholic Beverage Control does not require or endorse any While the Division of Alcoholic Beverage Control does not require or endorse any specific program, alcohol server training information is available from the following:specific program, alcohol server training information is available from the following:

Techniques of Alcohol Management (TAM Training)Techniques of Alcohol Management (TAM Training)Please contact the New Jersey Licensed Beverage Association at (609) 394-6730Please contact the New Jersey Licensed Beverage Association at (609) 394-6730

ServSafe Alcohol Training & CertificationServSafe Alcohol Training & CertificationPlease contact the New Jersey Restaurant Association at (800) 848-6368 orPlease contact the New Jersey Restaurant Association at (800) 848-6368 orwww.servsafe.com/alcohol/training-and-certificationwww.servsafe.com/alcohol/training-and-certification

New Jersey TIPS Certification OnlineNew Jersey TIPS Certification Onlinehttp://tipsalcohol.com/new-jersey-training.htmlhttp://tipsalcohol.com/new-jersey-training.html

See handout packet page 50.See handout packet page 50.

** NOTICE TO LICENSEES **** NOTICE TO LICENSEES **

New Federal Requirement that licensee New Federal Requirement that licensee prevent access to TANF/EBT funds at prevent access to TANF/EBT funds at ATM’S or point-of-sale terminals to prevent ATM’S or point-of-sale terminals to prevent misuse of funds at licensed misuse of funds at licensed establishments.establishments.

Licensees will receive Notice from the Licensees will receive Notice from the Division.Division.

COMING TO THE DIVISION’S WEBSITE SOON…

New Issues…New Issues…

Craft Distillery LicensesCraft Distillery LicensesCraft Brewery LicensesCraft Brewery Licenses

-- Craft Distillery License Law became effective in New Jersey Craft Distillery License Law became effective in New Jersey December 1, December 1, 2013.2013.-- License entitles holder to manufacture not more than 20,000 License entitles holder to manufacture not more than 20,000 gallons of gallons of distilled alcoholic beverages annually, as well as to distilled alcoholic beverages annually, as well as to rectify, blend, treat and mix rectify, blend, treat and mix distilled alcoholic beverages.distilled alcoholic beverages.-- Licensee can sell and distribute the product to wholesalers Licensee can sell and distribute the product to wholesalers andand retailers, and to sell the product at retail to consumers on the retailers, and to sell the product at retail to consumers on the licensed premises for licensed premises for consumption on the premises, but only in consumption on the premises, but only in connection with a tour of the distillery, and connection with a tour of the distillery, and for consumption off the for consumption off the premises in a quantity of not more than five liters per person.premises in a quantity of not more than five liters per person.-- Sampling is also permitted.Sampling is also permitted.-- The holder of this license will The holder of this license will not be permittednot be permitted to sell food or to sell food or operate a operate a restaurant on the premises.restaurant on the premises.-- The fee for this license is $938.00.The fee for this license is $938.00.

IF YOU HAVE A QUESTION... IF YOU HAVE A QUESTION... CALL US!CALL US!

(609) 984-2830(609) 984-2830

OR VISIT OUR WEB SITE ATOR VISIT OUR WEB SITE AT

www.nj.gov/oag/abcwww.nj.gov/oag/abc

Joann Frascella, Executive Assistant & Lisa Ellison Barata, Deputy Attorney GeneralJoann Frascella, Executive Assistant & Lisa Ellison Barata, Deputy Attorney General

See handout packet pages 51-52.See handout packet pages 51-52. •If you are not sure which Bureau can be of assistance,

just call our main number shown above.

•If you are not sure which Bureau can be of assistance, just call our main number shown above.