Bill

Bill > A5312


NJ A5312

NJ A5312
Establishes civil cause of action for holders of alcoholic beverage licenses against certain underage persons.


summary

Introduced
02/13/2025
In Committee
02/13/2025
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill establishes a civil cause of action for holders of alcoholic beverage licenses against certain underage persons. Under the provisions of this bill, it is a civil offense for a person under age 21 to misrepresent or misstate that person's age to induce a licensee or an employee of a licensee to sell, serve, or deliver any alcoholic beverage to that person by exhibiting or displaying a fake driver's license or other document issued by a governmental agency which could be used to verfity a person's identity and age. The bill provides that the licensee whose license is suspended by the Director of the Division of Alcoholic Beverage Control for selling, serving, or delivering any alcoholic beverages to a person who committed a civil offense under the bill's provisions has a cause of action against the person who committed the civil offense. Under the bill, upon proof, by a preponderance of the evidence, of a defendant's violation of the bill's provisions and the resulting license suspension, the defendant is liable as follows: 1) to the licensee, for an award in the amount of any monetary offer in compromise for all or part of a suspension that is accepted by the director and paid by the licensee and any reasonable attorney's fees and costs of suit incurred; or 2) in the case of a licensee where an offer in compromise is not made by the licensee or is not accepted by the director, actual damages and any reasonable attorney's fees and costs of suit incurred. Further, under the bill, the parent or guardian of a juvenile against whom an award has been entered pursuant to the bill's provisions is liable for payment only if the parent has been named as a defendant and it has been established by a preponderance of the evidence that the parent or guardian's conduct was a significant contributing factor in the juvenile's commission of the offense. Finally, the bill defines "licensee" as the holder of an alcoholic beverage license issued pursuant the provisions of R.S.33:1-1 et seq.

AI Summary

This bill establishes a new civil legal remedy for alcoholic beverage license holders when underage individuals attempt to purchase alcohol by using fake identification. Specifically, it creates a civil offense for persons under 21 who misrepresent their age by showing a falsified government-issued document (like a fake driver's license) to induce a licensed seller to serve them alcohol. If a licensee's alcohol sales license is suspended by the Director of the Division of Alcoholic Beverage Control due to such an incident, the licensee can sue the underage person who committed the offense. The lawsuit can seek either the amount of a negotiated suspension compromise or actual damages, plus reasonable attorney's fees and legal costs. Additionally, the bill allows for the parent or guardian of a juvenile offender to be held financially liable if their own conduct significantly contributed to the offense. The bill defines a "licensee" as a holder of an alcoholic beverage license issued under specific New Jersey statutes, and it takes effect immediately upon enactment.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee (on 02/13/2025)

bill text


bill summary

Loading...

bill summary

Loading...

bill summary

Loading...