The Division of Alcoholic Beverage Control (Div. of ABC or ABC) is the unit of State Government that is charged with regulating the commerce of alcoholic beverages within the State of New Jersey. The 21st amendment to the United States Constitution gave each state the right to determine whether to allow alcoholic beverages, and, if so, how to regulate them. As soon as the amendment was adopted in 1933, New Jersey enacted its Alcoholic Beverage Control Law, which is commonly known as Title 33 (since the Alcoholic Beverage Control Law is contained in the Revised Statutes as the 33rd title listed alphabetically by major subject matter, and under the title of “Intoxicating Liquors”). In that law, a Department of Alcoholic Beverage Control was established under a Commissioner. In the late 1940’s, after New Jersey’s 1947 Constitution was adopted, some departments were consolidated and the Department of Alcoholic Beverage Control was absorbed into and became a division of the Department of Law and Public Safety under the New Jersey Attorney General.

The Division of ABC is headed by a Director, who is appointed by the Governor with the advice and consent of the Senate. The Director is required to supervise the manufacture, distribution and sale of alcoholic beverages in such a manner as to fulfill the public policy and legislative purpose of the Alcoholic Beverage Control law. Investigations of violations of the ABC law are conducted by the Alcoholic Beverage Control Investigations Bureau).

2. How old must someone be to purchase or drink alcoholic beverages on a licensed premises?

A person must be 21 years of age or older to legally purchase or consume any alcoholic beverage on a licensed premises. There is absolutely no exception to this. (N.J.S.A. 9:178-1) However, persons under the age of 21 can legally drink in connection with a religious ceremony or at home under parental supervision.

3. How old must someone be to own a license or be employed by a licensee?

The lawful age to own a license and to purchase alcoholic beverage products for resale under a license privilege is 18 years of age, (N.J.S.A. 9:178-l)

• Bartender, waiter or sales clerk: 18 years*
• Entertainer: 18 years*
• Restaurant & hotel worker not selling alcohol: 16 years**
• Stock clerk in distribution licensee: 15 years***
• Caddy or pin setter: 15 years***
• Waiter (not selling alcohol) for consumption licensee which is not restaurant or hotel: 16 years***

*Although a person must be 18 years of age to be employed as an entertainer (includes members of a band, etc.), N.J.S.A. 34:2-2 I.17, et seq., provides for the employment of younger persons in certain “theatrical productions.” This is under the jurisdiction of the New Jersey Department of Labor.

**To qualify as a restaurant, the establishment must regularly and principally be used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food for its customers and in which no other business, except such as is incidental to such establishment, is conducted. As a rough rule of thumb, to qualify as a restaurant, the establishments should have table (i.e. “sit-down”) service with a full service menu, proper and adequate equipment to be considered a bona fide restaurant (e.g., food freezers, dish washer, oven, etc.) and the majority of its business revenues should be from the sale of prepared food for consumption on the premises, with revenue from the sale of alcoholic beverages merely being ancillary thereto.

***Permits for the employment of minors under 18 years of age must first be obtained from the Division of ABC before (or within ten days) such persons are employed on a licensed premises.

These rules, including the requirements for permits, apply to children of licensees as well, if they are employed on the licensed premises in any capacity.

4. Are non-licensed restaurants permitted to allow customers to bring their own alcoholic beverages (byob) for consumption with their meals?

Unless there is a local ordinance prohibiting it, customers of an unlicensed restaurant may be permitted by the ownership of the restaurant to bring and consume only wine and beer. The restaurant can supply glasses, ice, etc., but may not impose a cover, corkage or service charge. Also, under no circumstances may spirituous liquor be permitted. There may be no advertising whatsoever of the fact that wine or beer may be permitted. Additionally, the owner may not permit wine or beer to be consumed during hours in which the sale of these products is prohibited by licensees in that municipality, nor allow consumption of beer or wine by persons under the age of 21 years or by persons who are actually or apparently drunk or intoxicated. (N.J.S.A. 2C:33-27).

5. How is the quantity of alcohol indicated in the different types of alcoholic beverages?

In distilled spirits, the alcohol content is indicated in “Proof,” which is equal to twice the actual percentage of alcohol. For example, a distilled spirit which is shown to be 60 proof contains 30% alcohol. The alcoholic content of wine is indicated in percentage by volume. This gives the actual percentage of the beverage that is alcohol. For beer and other malt alcoholic beverages, although the percentage of alcohol is not shown on the label, the alcohol content is usually given in percentage of alcohol by weight. This percentage number will usually appear to be slightly less than if the alcohol content were shown by volume.

6. May a patron take from a restaurant an unfinished portion of wine in an alcoholic beverage version of a “doggy bag?”

Yes. It is the policy of the State to encourage moderation in the consumption of alcoholic beverages. To permit a diner to take home an unfinished portion of the bottle of wine, rather than consume it all to prevent “waste” of his purchase, furthers that policy. Thus all unfinished bottles of wine may be re-corked and the patron can take them with him/her.

Removal of other open containers of alcoholic beverages from the licensed premises, such as a glass of wine, a mixed drink, an opened bottle or can of beer, is still prohibited. Licensees should caution patrons using wine “doggy bags” that the wine should be placed in the trunk of the patron’s car while in transit because Motor Vehicle Law prohibits the consumption of alcoholic beverage in a car and the presence of a container with its original seal broken in a motor vehicle (buses, taxi cabs and limousines are excluded) can give rise to a presumption that the unfinished bottle was consumed in the car.

7. Can people make their own wine or beer at home?

A New Jersey resident, over the age of 21 may engage in the personal manufacture (or “home brewing”) of up to 200 gallons of wine or malt alcoholic beverage (beer) for personal or household use or consumption. To lawfully engage in this activity a $20.00 permit must be obtained from the Division of ABC. All wines or malt alcoholic beverages manufactured pursuant to this permit may not be sold under any circumstances, nor may they be used for any purpose other than for personal or household use or consumption of the person to whom the permit was issued. This permit allows the manufacturer of wines and malt alcoholic beverages within the homes of the permittee or other authorized premises during the permit period. In certain circumstances, home brewing is permissible outside of the home of the permittee if the place of brewing is an authorized “noncommercial” premises in addition to other specific requirements. The owner of a warehouse used with this permit must obtain a public warehouse license from the Division of ABC.

Finally, any wine or beer manufactured on a noncommercial premises is subject to the same limitations for products brewed at home: namely, that there is a 200 gallon per year limit per permittee and the wine or beer produced on the noncommercial premises may not be sold under any circumstances, nor may it be used for any purpose other than for personal or household use or consumption by the licensee or permittee.

8. Are New Jersey consumers permitted to order alcohol from a catalog or via the internet and have it delivered to their homes?

New Jersey residents are not permitted to purchase beverage alcohol via telephone, mail order or the Internet from producers and retailers in other states. These sales, commonly known as “mail order sales,” are illegal because they bypass the State’s regulatory system for controlling liquor. Some of the problems caused by mail order sales involve the delivery of alcoholic beverages to underage persons, loss of tax revenue and the fact that entities, not licensed in New Jersey, are delivering and selling alcohol in this State. Most states in the country prohibit mail order sales for these and other reasons, and in some states, violations are treated as a criminal offense.

A person may personally purchase alcoholic beverages in another state and transport them into New Jersey only if:

1. the alcoholic beverages are intended to be used solely for personal use and
2. the alcohol is personally transported in a vehicle into New Jersey.

The amount of alcoholic beverages transported into New Jersey for personal use cannot exceed l/4 barrel or one case containing not in excess of 12 quarts of beer and one gallon of wine and two quarts of other alcoholic beverages within any consecutive period of 24 hours. If a person wishes to transport alcohol for personal use in excess of the above amounts, an application must be made to the Director, who if satisfied of the good faith of the applicant, and upon payment of a $50 fee, may issue a special permit permitting the transportation of alcohol into New Jersey in excess of the amounts listed above.

9. Can parents be held responsible for their minor children who consume alcohol?

Yes. A parent or guardian having legal custody of a person under 18 years of age is required to exercise reasonable supervision or control over that person in connection with the consumption of alcohol.

If a parent or legal guardian fails or neglects to exercise reasonable supervision or control over the conduct of the person under 18 years of age, for a first offense the parent or legal guardian shall be notified of the violation in writing. If the person under 18 years of age is caught a second or subsequent time, the parent or legal guardian shall be subject to a $500 fine.

10. Does New Jersey allow the sale of alcohol at drive up windows?

For public policy reasons the Division of ABC prohibits the sale of alcohol from drive up windows. The relationship between alcoholic beverages and the operation of a motor vehicle is such that the Division of ABC has determined that this type of service could result in the irresponsible consumption of alcohol. In addition, it does not provide the licensee with the best opportunity to visually observe the patron to ascertain whether that patron is of legal age or is impaired or intoxicated.

11. Can a person have an open container of alcohol in a motor vehicle?

New Jersey law prohibits any person from having an open container of alcohol in a motor vehicle, even if the driver or other passenger is not intoxicated. The policy of the State of New Jersey is that alcohol and motor vehicles, when combined, create a dangerous situation and therefore, the consumption of any alcohol by any person in a motor vehicle is prohibited. The penalties for such a violation range from a minimum fine of $200 up to 10 days of community service.

12. Can bars, restaurants or other licensed establishments run betting pools for sporting events such as the Super Bowl?

As a general rule, neither gambling nor gambling paraphernalia is permitted on a licensed premises. Those games or activities, however, which are licensed under the New Jersey law dealing with bingo, raffles or lotteries may be conducted on a licensed premises.

Any other unlicensed game or activity, where chance and not skill is the primary element and a person pays money or anything else of value in the hope or expectation of winning money, a prize or some other valuable thing, is prohibited. This prohibition does not apply to the holding of a tournament, such as darts or bowling, where skill, and not chance, is the determining factor.

The Division has found that “football pools,” “sport pools” and “super bowl pools” constitute gambling and are, therefore, prohibited on the licensed premises.

13. How many liquor stores and restaurants are allowed in each municipality?

The number of licenses to sell alcohol for consumption on a licensed premises (restaurants and bars) and to sell alcohol for off premise consumption (packaged goods) within a municipality is determined based upon the population. A municipality may issue one consumption license for every 3,000 of its population. As to distribution licenses, which allow the sale of alcohol for off premise consumption, a municipality may issue one license for every 7,500 of its population. A municipality is allowed to ban all sales of alcohol within its borders if it so desires.

14. What time must liquor sales stop?

Generally, a municipality, by ordinance, establishes the lawful hour during which alcoholic beverages may be sold. In some municipalities, referenda have been held to establish or limit the hours or days of sale.

By ABC regulation, no retail licensee may sell distilled spirits in original containers (packaged goods) before 9:00 am and after 10:00 pm on any day of the week. Municipalities can further limit these hours by ordinance or referendum, and frequently do so with respect to Sunday mornings. However, by State statute retail licensees can sell wine and beer in original containers (package goods) at any time the municipality has permitted the sale of alcoholic beverages by the drink for consumption. In cities of the first class (Jersey City, Newark), however, the hours of sale are regulated by municipal ordinance and State limitations are not applicable. To be certain as to restrictions on hours of sale, check with that particular municipality.

15. What Does the Counsel to the Director Do?

The primary responsibility of the Counsel to the Director is to provide legal advice to the Director and to assist the Director in formulating Division policy. Objectives include implementing the statutory objectives set forth in the Alcoholic Beverage Control Act, balancing the interests of each segment of the industry and protecting New Jersey citizens against fraudulent or misleading business activities or practices that foster the immoderate, illegal or irresponsible sale and consumption of alcoholic beverages.

As the primary legal representative of the Division, the Counsel to the Director represents the Division in federal, state and administrative law proceedings and advises the Director concerning appeals filed from actions taken by municipal issuing authorities concerning the issuance, renewal, transfer and disciplining of retail licenses. The Counsel to the Director also reviews ordinances that may be adopted by municipalities to govern the local sales of alcoholic beverages, and advises the Director about the adoption, repeal and amendment of all state regulations as well as the implementation of the ABC law through directives and other forms of administrative decisions.

16. What methods of payment does the Division of Alcoholic Beverage Control accept?

The Division accepts personal checks, certified checks and money orders. They do not accept cash.

Since May 1, 2008 cash is no longer accepted by the ABC.

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Named as sole Respondent in the Finding of Probable Cause, the Old Bridge Board of Education oversees a school district made up of approximately 9,600 students, 12 elementary schools, two middle schools and one high school. According to the Division, the district failed to deal effectively with the harassment of a Jonas Salk Middle School student – identified only as H.D. because he is a minor – that began in the fall of 2004 and continued through the end of the school year in 2007.

The harassing conduct included derogatory remarks from other students about H.D.’s perceived sexual orientation, as well as his Jewish faith. On one occasion, the student had papers stuffed down the front of his pants by other students. On another occasion, a middle school staff employee allegedly asked him if he was looking for his purse as the youth checked the lost-and-found. The school district has denied that incident.

But the district’s own documentation shows that, during one stretch between early September 2006 and late January 2007, there were at least 11 reported incidents of harassment against H.D. involving 14 different students. In two of the cases, no action was taken because of a lack of information. In the remaining cases, a total of 12 students received discipline ranging from a verbal warning to after-school detention to in-school suspension. However, the bullying of H.D. continued. The Finding of Probable Cause cites Old Bridge for failing to take affirmative steps to prevent the bullying of H.D., and for dealing with it only via “after-the-fact” discipline, without any prevention measures or efforts at broader outreach to students.

“It appears this student went to school in an extremely hostile atmosphere – a climate in which he was subjected to a level of bias-based harassment and torment that no young person should have to endure,” said Division on Civil Rights Director Chinh Q. Le. “With the new school year about to begin, this is the perfect time to remind school districts they have a duty to create and maintain a safe, nurturing and harassment-free learning environment, and to respond effectively when bullying rears its ugly head.”

H.D. entered Jonas Salk Middle School in September 2004, and the harassment began shortly thereafter. According to a log kept by the youth’s mother and provided to the Division, H.D. was repeatedly targeted for such slurs as “fag” and “fruit.” He was also derided for eating “Jew food.” According to the youth and his mother, these taunts and slurs were aimed at him in school, on the school bus, and on the Internet.

In an interview with a Division investigator, a former principal at Jonas Salk Middle School – the educator retired in June 2006 – recalled most incidents of reported harassment against H.D. listed in the log. While the ex-principal apparently did suspend two students involved in a locker room incident in which paper was stuffed down H.D.’s pants, he said he generally couldn’t recall what disciplinary action he took upon learning of other bullying episodes. He said he rarely documented such discipline unless it involved conduct serious enough to warrant suspension.

The same former principal acknowledged telling H.D. during one conversation that he’d understand if H.D. elected to respond to his tormentors physically. He also acknowledged recommending that H.D. transfer out of Jonas Salk Middle School and attend the township’s other middle school as a solution.

“No matter how well intended, a suggestion that the victim consider resorting to physical aggression against his tormentors, or that he transfer to another school, is neither an appropriate nor a sufficient means for the school district to deal with the unlawful, harassing conduct of its students,” said Le.

Ultimately, the Finding of Probable Cause notes, H.D. became reticent about even reporting further incidents of harassment and bullying at Jonas Salk Middle because doing so never improved his situation. In fact, the Finding of Probable Cause notes, the youth felt he was “becoming known as a snitch,” which threatened to make matters worse.

A Finding of Probable Cause does not resolve a civil rights complaint. Rather, it means the State has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion New Jersey’s Law Against Discrimination (LAD) has been violated.

The LAD provides that each Respondent found to have committed a violation is subject to a penalty of up to $10,000. The LAD also provides for other remedies, including compensatory damages and injunctive relief, such as changes in the employer’s policies and management/staff training.

Now that the Division has issued a Finding of Probable Cause, the Old Bridge Board of Education case will be referred for a process known as Conciliation. If Conciliation is not successful, the matter will be referred for a non-jury trial before an Administrative Law Judge. Once the trial is completed, the presiding Administrative Law Judge will issue a written Initial Decision.

Director Le thanked Division Investigator Agnes Roncaglio, Paterson Office Manager Carolyn Paul, Legal Specialist Benn Meistrich, Deputy Attorney General Marisa Slaten and Deputy Attorney General Charles Cohen, Assistant Section Chief, for their work on the Old Bridge investigation and Finding of Probable Cause.

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• A victim of a crime who has sustained personal injury, mental trauma or death
• A surviving spouse, parent/guardian, child or other relative dependent for support upon a victim of a crime who died as a direct result of such crime, or
• A person injured while trying to prevent a crime or while assisting a police officer in making an arrest

Preconditions for Eligibility

Your claim must be filed within two (2) years from the date of the personal injury or death, or after two (2) years if the VCCO determines that good cause existed for the delayed filing.

The crime must be reported to the police within three (3) months after it occurs, or within three (3) months from the time it was known, or from the time there was reason to believe, that a crime occurred.

For incidents prior to June 26, 1995, you must have suffered at least $100 in out-of-pocket medical expenses and/or two weeks continuous loss of earnings or support.

There are no minimum loss requirements for incidents occurring on or after June 26, 1995.

You must cooperate fully with the police and prosecutor’s office; however, eligibility is not dependent upon conviction or prosecution of the offender.

Failure to cooperate with the VCCO investigator or failure to inform the VCCO of a change of address will result in a denial of compensation.

If you have any VCCO assessments imposed on you by the courts for prior convictions, you must pay them in full before you can receive any compensation.

The crime must occur in New Jersey, although you need not be a New Jersey resident; or you must be a New Jersey resident who became a victim in another state or jurisdiction that does not have a crime victim compensation program or has a program which has not provided full compensation for your crime-related losses.

Who is Not Eligible?

• A victim whose behavior contributed to the crime and injuries suffered
• A victim who was engaged in illegal activity at the time of the crime
• An offender or an accomplice of the offender
• Anyone in prison for a crime when the incident occurred
• A victim of a motor vehicle or boating accident except those listed under Crimes for Which Compensation is Available
• A victim of a motor vehicle or boating incident where the victim knew, or had reason to believe, the vehicle or vessel was being operated by the offender while under the influence of alcohol or narcotics
• A victim who is a non-resident of New Jersey and the crime incurred in a location other than New Jersey

Crimes for which Compensation is Available

The Board may order the payment of compensation for personal injury or death which resulted from the commission or attempt to commit any of the following offenses:

• Aggravated assault
• Threats to do bodily harm
• Lewd, indecent or obscene acts
• Indecent acts with children
• Kidnapping
• Murder
• Manslaughter
• Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact
• Any other crime involving violence including domestic violence
• Burglary (personal property loss or damage will not be compensated)
• Tampering with a cosmetic, drug or food product
• Driving a vehicle, commercial or private, or boat while under the influence of alcohol or narcotics
• Theft of an automobile, eluding a law enforcement officer or unlawful taking of a motor vehicle where injuries to the victim occur in the course of operating the automobile

For an explanation of or further information on the listed crimes, please contact the VCCO at 973-648-2107.

Compensation Benefits

Compensation benefits may be awarded up to a maximum of $25,000 per claim ($10,000 for crimes before December 5, 1982) and may include the following:

• Medically related expenses
• Loss of earnings in personal injury cases
• Loss of support from the victim for dependents in homicide cases
• Loss of earnings for surviving spouse whose earning capacity has been reduced in case of victim/spouse’s death
• Loss of support from the offender in domestic violence cases
• Limited transportation costs
• Mental health counseling for victim and immediate family members
• Limited domestic service, child care, day care and after school care costs
• Funeral allowances of up to $5,000
• Loss of prescription eyeglasses
• Crime Scene Cleanup of up to $1,500
• Relocation expenses of up to $2,500
• Emergency financial assistance of up to $1,500, if you are employed and unable to work and face undue hardship as a result of crime-related injuries
• For crimes committed after June 26, 1995, if you are at least 60 years old or determined to be disabled and meet financial guidelines, you may be eligible for reimbursement for up to $200 in stolen cash resulting from the assault and robbery.

The Board will pay legal fees only if it awards compensation. Attorneys are limited to receiving fees that are set by statute and by the Board.

Moneys from Other Sources

The Victims of Crime Compensation Office (VCCO) is the payer of last resort. The VCCO will award compensation for the balance of crime-related expenses not reimbursed first from other sources such as medical insurance or disability benefits.

“Source or sources” means a source of benefits or advantages which you have received as reimbursement for medical or economic loss which is available to you from, but not limited to the following sources:

Restitution from the offender which is payment made by assailants to their victims, as ordered by the court in a criminal proceeding. It may include compensation for property loss or damage, or for medical expenses. Restitution is now mandatory where the offender has the ability to pay. Please consult your County Victim-Witness Coordinator, in your County Prosecutor’s Office.

The government or any agency of the United States, the State of New New Jersey or its political subdivisions, or of any two or more states

Social Security, Medicare and Medicaid

State disability insurance

Workers Compensation

Employer or Union Local disability programs

Insurance payable to the victim for a loss sustained because of the crime

A contract providing prepaid hospital and other health care services or benefits for disability

Moneys received from any civil or related third party actions. However, the first $1000 recovered is not to be included as money received from another source. This applies even though a settlement or any other resolution of the action is worded to recover any economic loss, such as pain and suffering and property loss, which the Board does not compensate.

How to Apply?

VCCO applications and instructions are available online* or at every law enforcement agency and medical institution in New Jersey. They are required to and make these applications available.

Applications are also available from the 21 county prosecutors’ offices through their respective Victim/Witness Coordinator. The Coordinators will assist crime victims in filling out the form.

You can also get an application from the VCCO. Please call 973-648-2107 or 877-658-2221 for assistance.

To obtain benefits, you must file a completed claim form and comply with Board regulations which are explained in the instructions. You will be asked to submit information to support your application. Where possible and to speed up processing, it would be helpful to submit a copy of a police report and related bills, receipts and insurance statements together with the application. Please send copies only and keep the originals for your own records.

*The VCCO Application form is downloadable as a Portable Document Format file (PDF). PDF documents appear the same as the original printed forms. To view and print these forms, you must have a PDF viewer which is available free here.

Processing Your Claim

Intake Phase: The claim will be processed in the chronological order in which it is received by the Board. Upon receipt of the application, the claim is opened, given a claim number, an acknowledgment of receipt is sent to the applicant, and if needed, additional information is requested. All requests for emergency assistance and counseling are reviewed immediately.

Eligibility Phase: After a police report is received, the Board’s eligibility investigators will review all the circumstances surrounding the incident, including, but not limited to, direct discussion with police and prosecutorial personnel, securing trial related information from the courts, and speaking with witnesses. The investigator will provide the Board’s commissioners with a recommendation either that the claim is eligible for compensation or to deny compensation because there has been a failure to comply with one of the statute’s provisions.

Compensation Phase: Once determined eligible for compensation, your claim enters the compensation phase. The Board’s investigator will verify losses by communicating directly with providers of medical services, securing insurance benefit statements, and gathering loss of earnings and disability payment information.

You are required to show a minimum loss of at least $100 unreimbursed medical expenses or two continuous weeks loss of earnings or support. For incidents occurring on or after June 26, 1995, the minimum loss requirement no longer applies. Accordingly, please respond to the Board’s requests as quickly as possible.

If additional information comes to the Board’s attention which requires the Board to change its determination of eligibility, you will be notified and you will be given an opportunity to respond to the Board’s new decision.

Hearing Phase: The investigator may send you a recommendation denying eligibility or may recommend an amount of compensation with which you disagree. You will have twenty (20) days to advise the Board in writing whether you accept the recommendation. You are entitled to a hearing before the Board. At the hearing you will be given an opportunity to submit proofs in support of your position.

The Board does not require that you appear at formal hearings with an attorney. You have the right, however, to be represented before the Board at all stages of proceedings by a New Jersey licensed attorney.

At the hearing you will be called upon to respond to questions from the Board’s legal counsel and the Board’s commissioners. You will have the opportunity to make a statement and question witnesses. There may be issues and questions for which legal advice would be beneficial.

If you decide to obtain an attorney, you must notify the Board within twenty (20) days of your hearing date. Your attorney must also send a letter to our Legal Department confirming that the attorney is representing you.

The Board does not assign or provide attorneys for you, but will be able to refer you for assistance. For further information, please contact the Board’s Victim Counseling Service at 201-648-2535.

For frequently asked questions about hearings, see Hearing Guidelines.

Right to Appeal

If, after the hearing, you are not in agreement with the Board’s determination, you can appeal the decision directly to the Appellate Division of the Superior Court within forty-five (45) days from the date the Board’s order is received.

For further information regarding the procedure for filing an appeal, you may contact the Appellate Division at 609-292-4822.

Victim Counseling Services

The Victim Counseling Service provides referral services for counseling and therapy to victims of violent crime. A listing of statewide resources is used to help victims obtain the services of various agencies, organizations and licensed psychotherapists in the victim’s immediate geographic area.

To obtain counseling services you must file a completed claim form and comply with VCCO regulations which are explained in the instructions. To specifically ask for counseling services, check the counseling request box and provide a phone number where you can be reached during our office hours.

The psychological needs of immediate family members of crime victims may also be met.

The VCCO can arrange for translation services to assist you in processing your claim. Please call ahead for an appointment to ensure the services of a translator.

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Under terms of the agreement, Clementon Fire and Rescue of Clementon, Camden County, paid firefighter Merrissa V. Garretson $15,000 last month. The fire company also agreed to give Garretson a positive letter of employment reference whenever contacted by a prospective employer. Garretson resigned from Clementon Fire and Rescue in April 2010. As part of the settlement with Garretson, the fire company made no admission of liability.

“This is a fair settlement that resolves troubling allegations of discrimination against a young woman in a male-dominated work environment,” said Division on Civil Rights Director Chinh Q. Le. “No employee should be treated like a second-class citizen because of his or her gender, and no worker should suffer reprisals for having reported such treatment.”

At age 13, Merrissa Garretson began her employment with Clementon Fire and Rescue in May 2003 as an Explorer. She was promoted to Junior Firefighter in July 2006, and promoted again to Probationary Firefighter in July 2008. In December 2008, Garretson was promoted to the position of Firefighter. At all times, she was a volunteer employee and was not paid by the fire company.

According to her formal Complaint, Garretson approached the fire company’s deputy chief, Randall Freiling, in March 2009 to report repeated, discriminatory remarks by a male firefighter that were demeaning to women generally, and derogatory toward Garretson in particular. Garretson alleged that she later approached Clementon Borough Administrator Jenai L. Johnson, in July 2009, with the same information.

In the aftermath of those two conversations, Garretson received a letter from Administrator Johnson – in August 2009 — advising that a thorough investigation had been conducted, and that corrective action had been taken.

However, Garretson charged in her Complaint, she saw no evidence of a thorough investigation or corrective action.

To the contrary, Garretson alleged, she was subjected after reporting her concerns to such actions as being “bumped” from fire truck assignments in favor of less qualified, less experienced junior firefighters, and having her gear removed from her locker. Garretson filed her formal Complaint with the Division on Civil Rights in November 2009.

Director Le thanked Division Investigator Maurice Sykes and John Beauchamp, Regional Supervisor in the Division’s Camden Office, for their work on the Garretson matter.

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Beginning August 20 and running through September 6, police officers will conduct saturation patrols and sobriety checkpoints, looking for motorists who may be driving while intoxicated.

“There’s simply no excuse to drink and drive,” Fischer stated. “The decision to get behind the wheel after drinking can change not just your own life, but the life of your family, your friends, and everyone who is on the road with you. Even one drink can impair your judgment and reaction time, creating a potentially deadly situation.”

Fischer noted that last year in New Jersey, 185 people were killed as a result of alcohol-related crashes. That number represents 31 percent of the 583 traffic fatalities reported in the state in 2009. In addition, 67 of those alcohol-related fatalities occurred during the summer travel season.

The Division of Highway Traffic Safety offers the following advice to ensure a safe summer travel season for those who choose to drink alcohol:

• Take mass transit, a taxi or ask a sober friend to drive you home.
• Spend the night rather than get behind the wheel.
• Report impaired drivers to law enforcement. In New Jersey, drivers may dial #77 to report a drunk or aggressive driver.
• Always buckle up, every ride, regardless of your seating position in the vehicle. It’s your best defense against an impaired driver.
• If you’re intoxicated and traveling on foot, the safest way to get home is to take a cab or have a sober friend or family member drive or escort you to your doorstep.

The Law Offices of Garces & Grabler would like to wish everyone a happy and safe holiday weekend.

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What will VINE do for me?

The New Jersey VINE Service will tell you if an offender is in custody in the State of New Jersey and will give you other important information. VINE will also let you register telephone numbers where you can be notified if an offender is released or transferred.

What do I need to do?

• Register with VINE – Call toll-free 1-877-846-3465 from a touch-tone phone and follow the directions. Please have any of the following Offender information ready:
  Offender Name_______________ Date of Birth_____________
  SBI (State Bureau of Identification) Number__________________
• Leave your number. If the offender is in custody, you can leave a phone number to be notified if there is a change in the offender’s status. Do not leave a phone number that is answered by a switchboard. Enter the area code, phone number followed by the pound (#) key.
• Create a PIN. When the VINE Service asks, make up and enter a four-digit Personal Identification Number (PIN) that will be easy for you to remember. Write your PIN below for future reference. The New Jersey VINE service will ask for the PIN code
  when it calls you.
  My PIN is ___ ___ ___ ___  Date I Registered____________

VINE Facts

• The offender will not know you are registered
• If you are not at home, the New Jersey VINE Service will leave a message on an answering machine. If there is no answer, VINE will keep calling back un till you enter your PIN code or until 24 hours have passed.
• Since the New Jersey VINE Service calls automatically when an offender’s custody status changes you may get a notification call in the middle of the night.
• Do not leave a phone number with the New Jersey VINE Service that rings to a switchboard.
• If you have caller ID, calls from VINE will display as from the 502 area code. If you any other call blocking/Interception device, please be aware that calls will not get through.
• You can leave more than one phone number with New Jersey VINE Service.
• The New Jersey VINE Service monitors offenders in the New Jersey’s County Jails, the New Jersey Department of Correction, New Jersey Juvenile Justice Commission and the New Jersey Parole Board.
• Do not depend soley on the New Jersey VINE Service or any other single porgram for you protection. Make the New Jersey VINE Service part of your safety.

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Crime victims and witnesses are entitled to the following rights:

A.   To be treated with dignity and compassion by the criminal justice system

B.   To be informed about the criminal justice process

C.   To be free from intimidation

D.   To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible

E.   To make at least one telephone call provided the call is reasonable in both length and location called

F.   To medical assistance if, in the judgment of the law enforcement agency, medical assistance appears necessary

G.  To be notified if presence in court is not needed

H.   To be informed about available remedies, financial assistance and social services

I.   To be compensated for their loss whenever possible

J.   To be provided a secure, but not necessarily separate, waiting area during court proceedings

K.   To be advised of case progress and final disposition

L.   To the prompt return of property when no longer needed as evidence

M.   To submit a written statement about the impact of the crime to a representative of the county prosecutor’s office which shall be considered prior to the prosecutor’s final decision concerning whether formal criminal charges will be filed

N.   To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S. 2C:44-6. In any homicide prosecution the victim’s survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide.

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The Department has also seen solicitations to licensees and to attorneys to partner with companies that purport to offer such services.  These marketing materials suggest that these businesses will help delinquent borrowers obtain payment plans, loan modifications, short sales and deeds in lieu of foreclosure.  Mortgage bankers, brokers and solicitors have been targeted by these businesses in hopes of obtaining referrals.

The Department has begun to receive consumer complaints regarding fees paid to parties providing these services.  The Department has also received inquiries from persons interested in entering such a business.  As a result, the Department is providing answers to some of the most frequently asked questions below:

What is a Loan Modification?

A loan modification involves modifying the terms of an existing loan, typically to make it more immediately affordable for a borrower in default or in imminent danger of default, for instance because of a scheduled rate increase.  The terms commonly modified are the interest rate and/or the term of loan.  A loan modification is not a form of mortgage loan refinance or second mortgage activity.

Typically, loan modification activity falls into the category of “debt adjustment” as defined in New Jersey’s Debt Adjuster Act.

A “debt adjuster” is a person who either (a) acts or offers to act for a consideration as an intermediary between a debtor and his creditors for the purpose of settling, compounding, or otherwise altering the terms of payment of any debts of the debtor, or (b) who, to that end, receives money or other property from the debtor, or on behalf of the debtor, for payment to, or distribution among, the creditors of the debtor. [N.J.S.A. 17:16G-1c(1)].

What businesses may legally engage in loan modification activity that involves debt adjustment?

a) The lender or owner of the loan;

b) The mortgage servicing company, acting as an agent for the loan’s owner;

c) An entity licensed by the Department as a Debt Adjuster under the Debt Adjuster Act; and

d) Other entities that are exempt from Debt Adjuster licensure, as set forth at N.J.S.A. 17:16G-1c(2):

The following persons shall not be deemed debt adjusters: (a) an attorney-at-law of this State who is not principally engaged as a debt adjuster; (b) a person who is a regular, full-time employee of a debtor, and who acts as an adjuster of his employer’s debts; (c) a person acting pursuant to any order or judgment of court, or pursuant to authority conferred by any law of this State or the United States; (d) a person who is a creditor of the debtor, or an agent of one or more creditors of the debtor, and whose services in adjusting the debtor’s debts are rendered without cost to the debtor; or (e) a person who, at the request of a debtor, arranges for or makes a loan to the debtor, and who, at the authorization of the debtor, acts as an adjuster of the debtor’s debts in the disbursement of the proceeds of the loan, without compensation for the services rendered in adjusting those debts.

What businesses may not legally engage in loan modification activity that involves debt adjustment?

a) Any person or entity not exempt from the Debt Adjuster Act licensing requirement, and not licensed as a debt adjuster; and

b) Any mortgage banker, correspondent mortgage banker, mortgage broker, or mortgage solicitor licensed or registered under the Licensed Lenders Act, who is not the owner or agent of the owner of the loan being modified.

What do consumers risk by seeking help from entities offering loan modification services who do not have a debt adjuster license or exemption?

a) Payment of exorbitant upfront fees for services available from a proper source for free or at minimal cost;

b) Loss of fees paid, with no services rendered, and/or no protection from financial loss under a surety bond (Debt Adjuster licensees are required to be bonded in the minimum amount of $50,000.);

c) Loss of precious time in the midst of a default or foreclosure process;

d) Loss of title to the home without any real benefit, under certain scams; and

e) Further damage to credit profile.

The Department will investigate complaints relating to unlicensed persons offering loss mitigation consulting, foreclosure prevention, loan modification and similar services and will pursue appropriate remedies.

What business risks are involved in conducting loan modification activity without a license or exemption?

a) State of New Jersey enforcement action for fines and injunctive relief under the Debt Adjuster Act;

b) Criminal prosecution; and

c) Actions by individual consumers or the NJ Attorney General under the Consumer Fraud Act and other civil law suits for money damages sustained by consumers.

All persons who may provide or seek to provide loss mitigation consulting, foreclosure prevention, mortgage loan modification, or similar services are urged to carefully review the Debt Adjusters Act with their counsel to assure compliance.

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In a 6-1 decision, the state Supreme Court held that an employer’s refusal to renew the contract of an employee who is over 70, when the basis for that non-renewal is age, is a prohibited discriminatory act under the Law Against Discrimination (LAD).

The decision upholds an earlier ruling by the Appellate Division that longtime dean Rose Nini could pursue a discrimination suit against Mercer County College over its refusal to renew her contract in 2005, when she was 73.

Despite Nini’s 25 consecutive years of employment with the college – including 23 years as Dean of the Division of Corporate and Community Programs – Mercer County College contended that its failure to renew her contract in 2005 was not a termination, but rather a refusal to hire. As such, the college contended in court, its non-renewal of Nini’s contract was protected by a 1985 amendment to the LAD that permits employers to refuse to hire job candidates over age 70.

In a Supreme Court amicus brief supporting Nini, however, the Division on Civil Rights maintained that the non-renewal of Nini’s contract was not protected by the so-called “over-70 exception” to the LAD. Rather, the Division contended, Mercer’s failure to renew Nini’s contract was tantamount to a firing on the basis of age, and was therefore subject to the LAD’s prohibitions on such actions.

“The Supreme Court decision confirms that the LAD’s age discrimination protections will apply even to those who are subject to renewable employment contracts, and that employers cannot avoid compliance with anti-discrimination laws simply by restructuring their relationships with their employees,” said Division on Civil Rights Director Chinh Q. Le.

In upholding the Appellate Division’s earlier ruling, the Supreme Court remanded Nini’s lawsuit for a trial on the merits of the case. However, Nini and Mercer County College have reportedly reached settlement in the matter.

Director Le, however, said the Supreme Court ruling remains significant. He noted that it would have seriously hindered the State’s ability to combat age discrimination in the future if the “overly broad interpretation” of the 1985 LAD amendment put forth by Mercer County College had been accepted by the court.

Nini was a member of the Mercer Community College Board of Trustees before she began working at the college as an executive assistant to the president in 1979. In 1982, she became Dean of the Division of Corporate and Community Programs, a position she held until her final contract expired on June 30, 2005.

Although Nini was provided three ostensibly performance-related reasons for the non-renewal of her contract, she maintained in her lawsuit that the reasons were pretexts, and that the actual reason was her age. Her civil complaint against the college, its board of trustees and President Robert Rose, filed in September 2005, charged age-based discrimination.

The trial court held, however, that state law permitted an employer to decline to renew the employment contract of any employee 70 years or age or older. Nini appealed, arguing that the non-renewal of her employment contract represented an unlawful termination or discharge. The Appellate Division agreed and reversed the trial court.

The college then petitioned the state Supreme Court for certification on the issue of the Appellate panel’s interpretation of the over-70 exception, and certification was granted. The case was argued in November 2009 and decided this past Tuesday, June 1.

Senior Deputy Attorney General Anne Marie Kelly and Assistant Attorney General Andrea M. Silkowitz handled the Nini amicus brief on behalf of the State.

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Named as Respondent in the Finding of Probable Cause is the Wendel Family Wellness Center of Woodbridge, Middlesex County. The center is accused of allowing a male patient to repeatedly harass the alleged victim, former chiropractic assistant Giselle Ramsingh, by making numerous physical and verbal advances toward her while she treated him throughout an eight-month period in 2004.

Ramsingh, of Parlin, Middlesex County, was discharged from her job in early September 2004, approximately one month after she submitted a formal memorandum complaining about being sexually harassed by the patient — the second one she had submitted in a year regarding the same patient. Her dismissal also came less than two weeks after a meeting in which, Ramsingh told State Investigators, she advised her employer she did not feel her concerns had been dealt with appropriately, and that she was contemplating calling the police.

“The allegations in this case are disturbing,” said Director Le. “Employers have a duty under the law to ensure the workplace is harassment-free, and workers have a right under the law to report harassing conduct without fear of reprisals. When an employee reports that she or he has been subjected to harassment, the employer is obligated to investigate the matter and take the appropriate steps to address it and prevent such conduct from taking place in the future.”

According to the Finding of Probable Cause, Ramsingh was subjected to acts of sexual harassment by the same patient during numerous visits for treatment at Wendel Family Wellness Center during the months spanning January through August 2004. Among other things, Ramsingh reported that the patient smacked her on the buttocks with a clipboard during one visit. On other occasions, she charged, he grabbed her ankles and moaned her first name while undergoing a chiropractic massage, grabbed and twirled her hair and, in one instance, told her she was “very sexy” and that “you don’t know all the fun I can have with you if we go out.”

According to the Finding of Probable Cause, Ramsingh not only submitted her memorandums complaining about the patient’s conduct, but also complained directly to Dr. David Wendel and his office manager, Tara Montalvo, to little avail.

The Finding of Probable Cause refers to an anecdote provided by Montalvo in which she described filling in for Ramsingh and treating the harassing patient on one occasion in June 2004. Montalvo described entering the room and beginning to massage the patient without him realizing it was Montalvo, not Ramsingh, providing treatment. Montalvo told State Investigators the unwitting patient began to moan and groan Ramsingh’s first name, “Giselle,” which Montalvo said she found “very gross.”

According to the Finding of Probable Cause, Dr. Wendel confirmed to State Investigators that Ramsingh brought her situation to his attention, and that in response he had taken over treatment of the patient. However, the state’s investigation yielded “sufficient evidence to support a reasonable suspicion” that Ramsingh was, in fact, asked to continue treating the patient on at least a few occasions after submitting her August 2004 memorandum, and that she continued during these sessions to be sexually harassed.

A Finding of Probable Cause does not resolve a civil rights complaint. Rather, it means the state has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion the New Jersey Law Against Discrimination (LAD) has been violated. The LAD provides that each Respondent found to have committed a violation is subject to a penalty of up to $10,000, provided he or she has not been convicted of a previous violation within the past five years. The LAD also provides for other remedies, including compensatory damages and injunctive relief, such as changes in the employer’s policies and management/staff training. Now that the Division has issued a Finding of Probable Cause, the case will be referred for a process known as Conciliation. If Conciliation is not successful, the matter will be referred to an Administrative Law Judge (ALJ) for a hearing on the merits, which is a non-jury trial. The ALJ will then issue a written Initial Decision.

Director Le thanked State Investigator Elbia Concepcion and Division on Civil Rights managers Atley Tyler and Lorraine LeSter for their work on the Wendel matter.

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