Bill Text: NJ A5312 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes civil cause of action for holders of alcoholic beverage licenses against certain underage persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-13 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [A5312 Detail]
Download: New_Jersey-2024-A5312-Introduced.html
Sponsored by:
Assemblyman REGINALD W. ATKINS
District 20 (Union)
SYNOPSIS
Establishes civil cause of action for holders of alcoholic beverage licenses against certain underage persons.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning alcoholic beverage licensees and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. It is a civil offense for a person under the legal age to purchase alcoholic beverages to misrepresent or misstate that person's age for the purpose of inducing a licensee or an employee of a licensee to sell, serve, or deliver any alcoholic beverage to that person pursuant to subsection (c) of R.S.33:1-81 by exhibiting or displaying a document which falsely purports to be a driver's license or other document issued by a governmental agency which could be used as a means of verifying a person's identity and age.
b. A 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 commits a civil offense pursuant to subsection a. of this section shall have a cause of action against the person who committed the civil offense.
c. Upon proof, by a preponderance of the evidence, of a defendant's violation of subsection a. of this section and of the resulting license suspension pursuant to subsection b. of this section, the defendant shall be 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.
d. The parent or guardian of a juvenile against whom an award has been entered pursuant to subsection c. of this section shall be 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.
e. As used in this section, "licensee" means the holder of an alcoholic beverage license issued pursuant to the provisions of R.S.33:1-1 et seq.
2. This act shall take effect immediately.
STATEMENT
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.
