N.J. Admin. Code § 13:2-23.28

Current through Register Vol. 56, No. 17, September 3, 2024

Section 13:2-23.28 - Standard of liability

(a) Unless otherwise specified by statute or rule, a licensee is guilty of a violation of the Alcoholic Beverage Control Act if it allows, permits or suffers the violative act on or about its licensed premises.

(b) When knowledge is required to establish a violation of the Alcoholic Beverage Control Act, knowledge is established if:

1. The licensee itself committed the violative act;

2. The licensee had actual knowledge or was on notice that the violative activity was taking place, or about to take place, on or about the licensed premises; or

3. The licensee could have discovered violative activity was taking place, or about to take place, on or about the licensed premises through reasonable inquiry and had notice of circumstances which gave rise to a duty to inquire regarding same.

(c) In disciplinary proceedings brought pursuant to the alcoholic beverage law, it shall be sufficient, in order to establish the guilt of the licensee, to show that the violation was committed by an agent, servant, employee or patron or the licensee. The fact that the licensee did not participate in the violation or that his agent, servant or employee acted contrary to instructions given by him by the licensee or that the violation did not occur in the licensee's presence shall constitute no defense to the charges preferred in such disciplinary proceedings.

(d) No licensee shall commit any act which gives rise to a violation which is chargeable against any other licensee. The licensee committing such violation may be administratively charged for same even if the other licensee is not charged.

(e) The provisions of this section apply to all classes of alcoholic beverage licenses.

N.J. Admin. Code § 13:2-23.28

Amended by R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
Revised heading.
Amended by R.2005 d.212, effective 7/5/2005.
See: 36 N.J.R. 4211(a), 37 N.J.R. 2544(a).
Rewrote the section.