New Jersey Record Keeping-Client Advisory

05/10/2005


Multiple New Jersey Retail Licenses and/or Off Site Record/System Storage – New ABC “Permit":

This Advisory is focused upon New Jersey record keeping requirements and retailers with more than one location in the state and/or with required records stored “off premises” within or outside the state.

New Jersey has long had requirements concerning records that must be kept available for inspection upon the “licensed premises”. With written permission of the ABC Director, most records older than three (3) months could be stored “off premises”.

On September 20, 2004, the NJ Division of Alcoholic Beverages proposed rules that would simplify the acquisition of ABC approval for off site storage/systems, but at a price, i.e., an annual $100 permit (36 New Jersey Register 4211(a)). While the ABC has not formally adopted the new provisions, it has published an Application Form (Form 2-29.4) and Instructions (attached, 2 pp) to implement the fee revenue stream in conjunction with the 2005-06 license renewal process. The ABC may formally (lawfully) adopt the rule prior to July 1, 2005, by publication in the New Jersey Register on May 16, June 6 or June 20, 2005. One would expect that the deadline will be satisfied.

For those not familiar with the “required records” principles in New Jersey, the Instructions and Application provide an excellent summary of the ABC’s position:Click Here We are recommending that the Permit Application and $100 fee (for each licensed premises) be filed, even if the proposed regulation is not adopted in a timely fashion, because the process is less time consuming and, in effect, less costly, than filing a Petition with the ABC Director for such permission (which was the prior practice).

Naturally, if you have any questions or desire further information, please contact the partner supervising your matters with the Firm.




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