New Jersey § 33:1-26
Full text of New Jersey New Jersey Statutes § 33:1-26, with citation guidance and answers to common questions.
§ 33:1-26.
All licenses shall be for a term of one year from July 1 in each year. The respective fees for any such license shall be prorated according to the effective
date of the license and based on the respective annual fee as in this chapter provided. Where the license fee deposited with the application exceeds the prorated fee, a
refund of the excess shall be made to the licensee. Licenses are not transferable except as hereinafter provided. The holders of a plenary winery license or farm winery license who are engaged in
an alternating proprietorship pursuant to subsection 2a. or 2b. of R.S.33:1-10 shall be permitted to share a place of business on an alternating basis for production
of wine in a manner consistent with regulations promulgated by the Alcohol and Tobacco
Tax and Trade Bureau. Approval by the director to engage in an alternating proprietorship shall be conditioned
upon the ongoing approval of the Alcohol and Tobacco Tax and Trade Bureau of the alternating
proprietorship. A separate license is required for each specific place of business , except as otherwise provided in this section for the holders of a plenary winery
license or the farm winery license who are engaged in an alternating proprietorship, and the operation and effect of every license is confined to the licensed premises. No retail license of any class shall be issued to any holder of a manufacturer's
or wholesaler's license, and no manufacturer's or wholesaler's license shall be issued
to the holder of a retail license of any class. Any person who shall exercise or attempt to exercise, or hold himself out as authorized
to exercise, the rights and privileges of a licensee except the licensee and then
only with respect to the licensed premises, shall be guilty of a misdemeanor. In case of death, bankruptcy, receivership or incompetency of the 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 director
or the issuing authority may, in his or its discretion, extend the license for a limited
time, not exceeding its term, to the executor, administrator, trustee, receiver or
other person upon whom the same has devolved by operation of law as aforesaid. Under no circumstances, however, shall a license, or rights thereunder, be deemed
property, subject to inheritance, sale, pledge, lien, levy, attachment, execution,
seizure for debts, or any other transfer or disposition whatsoever, except for payment
of taxes, fees, interest and penalties imposed by any State tax law for which a lien
may attach pursuant to R.S.54:49-1 or pursuant to the State Uniform Tax Procedure Law, R.S.54:48-1 et seq. , or any similar State lien of tax, except to the extent expressly provided by this
chapter. On application made therefor setting forth the same matters and things with reference
to the premises to which a transfer of license is sought as are required to be set
forth in connection with an original application for license, as to the premises,
and after publication of notice of intention to apply for transfer, in the same manner
as is required in case of an application for license as to the premises, the director
or other issuing authority may transfer, upon payment of a fee of 10% of the annual
license fee for the license sought to be transferred, any license issued by him or
it respectively to a different place of business than that specified therein, by endorsing
permission upon the license. On application made therefor setting forth the same matters and things with reference
to the person to whom a transfer of license is sought as are required to be set forth
in connection with an original application for license, which application for transfer
shall be signed and sworn to by the person to whom the transfer of license is sought
and shall bear the consent in writing of the licensee to the transfer, and after publication
of notice of intention by the person to whom the transfer of license is sought, to
apply for transfer in the same manner as is required in the case of an original application
for license, the director or other issuing authority, as the case may be, may transfer
any license issued by him or it respectively to the applicant for transfer by endorsing
the license. The application and the applicant shall comply with all requirements of this chapter
pertaining to an original application for license and shall be accompanied, in lieu
of the license fee required on the original application, by a fee of 10% of the annual
license fee for the license sought to be transferred, which 10% shall be retained
by the director or other issuing authority, as the case may be, whether the transfer
be granted or not, and accounted for as other license fees. If the other issuing authority shall refuse to grant a transfer the applicant shall
be notified forthwith of the refusal by a notice served personally upon the applicant,
or sent to him by registered mail addressed to him at the address stated in the application,
and the applicant may, within 30 days after the date of service or mailing of the
notice, appeal to the director from the action of the issuing authority. If the other issuing authority shall grant a transfer, any taxpayer or other aggrieved
person opposing the grant of the transfer may, within 30 days after the grant of the
transfer, appeal to the director from the action of the issuing authority. No person who would fail to qualify as a licensee under this chapter shall be knowingly
employed by or connected in any business capacity whatsoever with a licensee. A person failing to qualify as to age or by reason of conviction of a crime involving
moral turpitude may, with the approval of the director, and subject to rules and regulations,
be employed by any licensee, but the employee if disqualified by age shall not, in
any manner whatsoever serve, sell or solicit the sale or participate in the manufacture,
rectification, blending, treating, fortification, mixing, processing or bottling of
any alcoholic beverage; and further provided, that no permit shall be necessary for
the employment in a bona fide hotel or restaurant of any person failing to qualify
as to age so long as the person shall not in any manner whatsoever serve, sell or
solicit the sale of any alcoholic beverage, or participate in the mixing, processing
or preparation thereof. Except for a person convicted of a sex offense as enumerated in subsection b. of N.J.S.2C:7-2 or a person convicted of a crime involving moral turpitude committed while employed
on a licensed premises, a person who has been convicted of a crime involving moral
turpitude may be employed by a Class C licensee without obtaining the approval of
the director or a rehabilitation employment permit provided the person's responsibilities
do not involve serving, selling or soliciting the sale of any alcoholic beverage;
participating in the mixing, processing or preparation of alcoholic beverages; providing
private security or admission-monitoring services for the premises; or providing
or participating in any management or professional services. Each person seeking to be employed or connected in any business capacity whatsoever
with a licensee shall submit to the director the applicant's name, address, fingerprints
and written consent for a criminal history record background check to be performed. The director is authorized to receive criminal history record information from the
State Bureau of Identification in the Division of State Police and the Federal Bureau
of Investigation consistent with applicable State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history record background check,
including all costs of administering and processing the check. The Division of State Police shall promptly notify the director in the event a current
holder of a license or prospective applicant, who was the subject of a criminal history
record background check pursuant to this section, is arrested for a crime or offense
in this State after the date the background check was performed. Any request for relief under this section shall be accompanied by a nonreturnable
filing fee of $100 payable to the director.
Frequently Asked Questions About New Jersey § 33:1-26
What does New Jersey Statutes § 33:1-26 cover?
Section 33:1-26 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 33:1-26?
A common citation format is "New Jersey Statutes § 33:1-26" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 33:1-26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.