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NJ A5311

NJ A5311
Requires consideration of mitigating circumstances before revoking or suspending alcoholic beverage license.


summary

Introduced
02/13/2025
In Committee
02/13/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill requires the Director of the Division of Alcoholic Beverage Control (ABC) or other issuing authority to consider mitigating circumstances before suspending or revoking an alcoholic beverage license. Current law provides that a suspension or revocation of any license may not be made until a five-day notice of the charges against the licensee has been mailed or personally delivered and the licensee has been afforded a reasonable opportunity to be heard. This bill provides that in addition to the opportunity to be heard, the director or other issuing authority is required to consider any mitigating circumstances presented by the licensee before suspending or revoking the license.

AI Summary

This bill amends existing New Jersey law regarding the suspension or revocation of alcoholic beverage licenses by requiring the Director of the Alcoholic Beverage Control (ABC) or other licensing authority to consider mitigating circumstances before taking disciplinary action. Currently, the law allows licenses to be suspended or revoked for various reasons, such as violations of alcohol regulations, tax non-payment, or other specified infractions, but requires only that the licensee receive a five-day notice and an opportunity to be heard. The new provision mandates that before suspending or revoking a license, the director must carefully evaluate any mitigating circumstances presented by the licensee, which could potentially help a business owner avoid losing their license for a single or less serious violation. This change provides an additional layer of protection for licensees by ensuring that context and extenuating factors are taken into account during disciplinary proceedings. The bill will take effect on the first day of the fourth month following its enactment, giving licensing authorities and businesses time to understand and implement the new requirement.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

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

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