N.J. Admin. Code § 13:2-16.3

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

Section 13:2-16.3 - Eligibility for permit

(a) Solicitor's permits may be issued only to bona fide solicitors of Class A (N.J.S.A. 33:1-10) or Class B (N.J.S.A. 33:1-11) licensees with the exception that no solicitor's permits shall be issued to employees of a bonded warehouse bottling licensee which holds no other type of Class A or Class B license.

(b) No solicitor's permit shall be issued to any person whose immediate family member has any direct or indirect interest or participates in the operation of a retail license. This prohibition shall apply to all persons hired as solicitors by any wholesaler, except as provided in (c) below.

(c) A solicitor who has held a solicitor's permit and has been employed by a wholesaler prior to October 1, 2010 and whose immediate family member has any direct or indirect interest or participates in the operation of a retail license shall be permitted to remain a solicitor and submit annual renewal applications for his or her solicitor's permit as long as the solicitor is in compliance with all the provisions of N.J.A.C. 13:2-16.1.

(d) "Immediate family member" as used in this section means husband, wife, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, father, mother, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law and daughter-in-law.

(e) For purposes of this section, "bona fide solicitor" means a solicitor who performs substantial duties and responsibilities for each retail account assigned to the solicitor. These duties and responsibilities include, but are not limited to, physically calling on accounts and covering routes, taking orders for the purchase of alcoholic beverages, preparing and presenting professional sales presentations to retailers, attending company and supplier sponsored meetings, utilizing information provided by the company to keep up-to-date on company brands and competitive brand pricing, assisting retailers with on-premise promotions and attending such events, maintaining and using tasting notes, and installing supplied point of sale material.

(f) The filing of an initial application for a solicitor's permit shall constitute a representation by both the solicitor and the employing wholesaler that the applicant is expected to substantially perform the duties referenced in (e) above, during the term of the permit.

(g) The filing of a renewal application for a solicitor's permit shall constitute a representation by both the solicitor and the employing wholesaler that the applicant substantially performed the duties referenced in (e) above, during the preceding permit term, and is expected to continue to do so during the term for which renewal is sought.

(h) All applications for solicitors' permits must be notarized by a person before whom oaths may be taken, as set out in N.J.S.A. 41:2-1, which includes a Notary Public. The applicant and the person signing on behalf of the employing wholesaler must personally appear before the Notary Public or other official before whom oaths may be taken at the time of notarization.

(i) Wholesalers shall maintain a data base or list of all solicitors whose immediate family members have an interest in a plenary retail license and shall certify this information on annual renewal applications.

(j) The filing of an application for a solicitor's permit for a person who did not substantially perform the duties referenced in (e) above, during the preceding permit term, or who is not expected to continue to do so during the term for which renewal is sought, or which does not satisfy the requirements of (g) above, shall constitute a violation by the applicant and/or the employing wholesaler.

(k) In any disciplinary proceeding related to whether a solicitor performs the duties referenced in (e) above, it shall be the burden of the wholesaler and/or solicitor, as the case may be, to demonstrate that the solicitor is bona fide.

N.J. Admin. Code § 13:2-16.3

Amended by R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
Recodified from 13:2-16.4. Replaced old text with text regarding Class A and Class B licenses. Prior text at 13:2-16.3, "Permit fees; terms; applicant's photographs and fingerprints", repealed. The following annotation pertained to that section:
Amended by R.1973 d.234, effective 8/30/1973.
See: 5 N.J.R. 356(a).
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).
Inserted designation (a); in (a), substituted "solicitors" for "employees"; and added (b) through (k).