N.J. Admin. Code § 13:2-16.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:2-16.11 - Restrictions on permittee

(a) No holder of a solicitor's permit shall, in the State of New Jersey, offer for sale or solicit any order for the purchase or sale of any alcoholic beverage other than to the extent duly allowed and permitted by law and by the New Jersey license of his or her employer.

(b) No holder of a solicitor's permit shall directly or indirectly engage in any conduct prohibited its employer by the provision of Title 33 or any regulations promulgated thereunder, nor shall such person sell, solicit, or deliver alcoholic beverages at a price or upon terms or conditions or under promotions or contests not contained in his or her employer's "Marketing Manual" and "Current Price List" kept pursuant to N.J.A.C. 13:2-24 for the operative period.

(c) No holder of a solicitor's permit shall offer for sale or solicit any order for the purchase or sale of any alcoholic beverage, or receive any commission or compensation, directly or indirectly, based on sales to any retail license in which an immediate family member of the solicitor has any direct or indirect financial interest or participates in the operation thereof.

(d) No holder of a solicitor's permit whose immediate family member has any direct or indirect interest or participates in the operation of a retail license shall offer for sale or solicit any order for the purchase or sale of any alcoholic beverage, or receive any commission or compensation, directly or indirectly, based on sales to any retail license in which an immediate family member of another solicitor employed by the same wholesaler has any direct or indirect financial interest or participates in the operation thereof.

(e) For purposes of this section, the term "immediate family member" shall be the same as the definition set forth in N.J.A.C. 13:2-16.3(d).

(f) All persons applying for a solicitor's permit or the annual renewal of a solicitor's permit shall certify on the solicitor's permit application that either:

1. The solicitor does not have any immediate family members, as defined by (e) above, that have a direct or indirect interest in, or participate in the operation of, a retail license; or

2. The solicitor's immediate family member or members, as defined by (e) above, have a direct or indirect interest in, or participate in the operation of, a retail license. The solicitor shall fully identify all such family members, the retail license number and the relationship to the solicitor. The solicitor shall certify that he or she is in compliance with (c) and (d) above.

(g) All persons holding a solicitor's permit or applying for a solicitor's permit shall notify his or her employing wholesaler and the Division of Alcoholic Beverage Control within 10 days of receiving notification that an immediate family member, as defined in (e) above, has obtained a direct or indirect interest in, or participates in the operation of a retail license.

N.J. Admin. Code § 13:2-16.11

New Rule, R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
Recodified prior text at 13:2-16.11, "Surrender of permit upon termination of employment", to 13:2-16.10.
Amended by R.1999 d.57, effective 2/16/1999.
See: 30 N.J.R. 4316(a), 31 N.J.R. 545(a).
Added (c) through (e).
Amended by R.2005 d.212, effective 7/5/2005.
See: 36 N.J.R. 4211(a), 37 N.J.R. 2544(a).
In (b), substituted "his or her employer's" for "its employers".
Amended by R.2010 d.160, effective 8/2/2010 (operative October 1, 2010).
See: 41 N.J.R. 2436(a), 42 N.J.R. 1733(a).
Rewrote (c) through (e); and added (f) and (g).