N.J. Admin. Code § 13:2-16.14

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

Section 13:2-16.14 - Responsibilities of employer

(a) No holder of a Class A (N.J.S.A. 33:1-10) or Class B (N.J.S.A. 33:1-11) license shall allow, permit or suffer, in his behalf, any individual to offer for sale or solicit any order in the State of New Jersey for the purchase or sale of any alcoholic beverage, whether such sale is to be made within or without the State, unless such person has a solicitor's permit.

(b) No wholesaler shall pay compensation, whether by commission or otherwise, to a solicitor unless the solicitor substantially performed the duties referenced in N.J.A.C. 13:2-16.3(e) throughout the period and for each account for which the compensation is paid.

(c) No wholesaler shall hire a person whose immediate family member has a direct or indirect financial interest or participates in the operation of a retail license.

(d) No wholesaler shall assign a solicitor to any retail account or pay commission or compensation to a solicitor for sales to any retail account in which an immediate family member of the solicitor has any direct or indirect financial interest or participates in the operation thereof.

(e) No wholesaler shall assign a solicitor to any retail account in violation of N.J.A.C. 13:2-16.11(c) or (d).

(f) For every solicitor whose immediate family member has any direct or indirect interest in, or participates in the operation of a retail license, the employing wholesaler shall submit, upon each annual renewal application, a statement disclosing all retail accounts assigned to the solicitor and a certification that the solicitor has not been assigned to any accounts in which an immediate family member of that solicitor, or an immediate family member of any solicitor employed by that wholesaler, has any direct or indirect financial interest or participates in the operation thereof.

(g) For purposes of this section, the term "immediate family member" shall be the same as the definition set forth in N.J.A.C. 13:2-16.3(d).

N.J. Admin. Code § 13:2-16.14

New Rule, R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
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); and added (b) through (g).