New Jersey § 33:1-31

§ 33:1-31.

Any license, whether issued by the director or any other issuing authority, may be

suspended or revoked by the director, or the other issuing authority may suspend or

revoke any license issued by it, for any of the following causes: a. Violation of any of the provisions of this chapter; b. Manufacture, transportation, distribution or sale of alcoholic beverages in a manner

or to an extent not permitted by the license or by law; c. Nonpayment of any excise tax or other payment required by law to be paid to the

State Tax Commissioner; d. Failure to comply with any of the provisions of subtitle 8 of the Title Taxation

( § 54:41-1 et seq. ); e. Failure to have at all times a valid, unrevoked permit, license or special tax

stamp, or other indicia of payment, of all fees, taxes, penalties and payments required

by any law of the United States; f. Failure to have at all times proper stamps or other proper evidence of payment

of any tax required to be paid by any law of this State; g. Any violation of rules and regulations; h. Any violation of any ordinance, resolution or regulation of any other issuing authority

or governing board or body; i. Any other act or happening, occurring after the time of making of an application

for a license which if it had occurred before said time would have prevented the issuance

of the license; or j. For any other cause designated by this chapter. No suspension or revocation of any license shall be made until a five-day notice of

the charges preferred against the licensee shall have been given to him personally

or by mailing the same by registered mail addressed to him at the licensed premises

and a reasonable opportunity to be heard thereon afforded to him. A suspension or revocation of license shall be effected by a notice in writing of

such suspension or revocation, designating the effective date thereof, and in case

of suspension, the term of such suspension, which notice may be served upon the licensee

personally or by mailing the same by registered mail addressed to him at the licensed

premises. Such suspension or revocation shall apply to the licensee and to the licensed premises. A revocation shall render the licensee and the officers, directors and each owner,

directly or indirectly, of more than 10% of the stock of a corporate licensee ineligible

to hold or receive any other license, of any kind or class under this chapter, for

a period of two years from the effective date of such revocation and a second revocation

shall render the licensee and the officers, directors and each owner, directly or

indirectly, of more than 10% of the stock of a corporate licensee ineligible to hold

or receive any such license at any time thereafter. Any revocation may, in the discretion of the director or other issuing authority

as the case may be, render the licensed premises ineligible to become the subject

of any further license, of any kind or class under this chapter, during a period of

two years from the effective date of the revocation. The director may, in his discretion and subject to rules and regulations, accept from

any licensee an offer in compromise in such amount as may in the discretion of the

director be proper under the circumstances in lieu of any suspension of any license

by the director or any other issuing authority. No refund, except as expressly permitted by section 33:1-26 of this Title, shall be made of any portion of a license fee after issuance of a

license; but if any licensee, except a seasonal retail consumption licensee, shall

voluntarily surrender his license, there shall be returned to him, after deducting

as a surrender fee 50% of the license fee paid by him, the prorated fee for the unexpired

term; provided, that such licensee shall not have committed any violation of this

chapter or of any rule or regulation or done anything which in the fair discretion

of the director or other issuing authority, as the case may be, should bar or preclude

such licensee from making such claim for refund and that all taxes and other set-offs

or counterclaims which shall have accrued and shall have become due and payable to

this State or any municipality, or both, have been paid. Such refund, if any, shall be made as of the date of such surrender. The surrender of a license shall not bar proceedings to revoke such license. The refusal of the other issuing authority to grant any refund hereunder shall be

subject to appeal to the director within 30 days after notice of such refusal is mailed

to or served upon the licensee. Surrenders of retail licenses shall be promptly certified by the issuing authority

to the director. Surrender fees shall be accounted for as are investigation fees. If any licensee to whom a refund shall become due under the provisions of this section

shall be indebted to the State of New Jersey for any taxes, penalties or interest

by virtue of the provisions of subtitle 8 of the Title Taxation ( § 54:41-1 et seq. ), it shall be the duty of the issuing authority before making any such refund, upon

receipt of a certificate of the State Tax Commissioner evidencing the said indebtedness

to the State of New Jersey, to deduct therefrom, and to remit forthwith to the State

Tax Commissioner the amount of such taxes, penalties and interest. In the event of any suspension or revocation of any license by the other issuing authority,

the licensee may, within 30 days after the date of service or of mailing of said notice

of suspension or of revocation, upon payment to the director of a nonreturnable filing

fee of $100.00, appeal to the director from the action of the other issuing authority

in suspending or revoking such license which appeal shall act as a stay of such suspension

or revocation pending the determination thereof unless the director shall otherwise

order. When any person files with any other issuing authority written complaint against

a licensee specifying charges and requesting that proceedings be instituted to revoke

or suspend such license, he may appeal to the director from its refusal to revoke

or suspend such license or other action taken by it in connection therewith within

30 days from the time of service upon or mailing of notice to him of such refusal

or action. The director shall thereupon fix a time for the hearing of the appeal and before

hearing the same shall give at least five days' notice of the time so fixed to such

licensee, other issuing authority and appellant.