The New Jersey Application for Retail Alcoholic Beverage License is the official 12-page form you file with your town to get, transfer, or renew a Plenary Retail Distribution License, known as a Type 44 or “license code 44,” which lets you sell packaged beer, wine, and liquor for people to take home. You file it with your local Municipal Clerk or Board of Alcoholic Beverage Control, and the New Jersey Division of Alcoholic Beverage Control (ABC) sets the rules under the Alcoholic Beverage Control Act in N.J.S.A. 33:1-12.
A small mistake on this form can cost you months and thousands of dollars, because a Type 44 is rare and valuable. New Jersey law allows only one Plenary Retail Distribution License per 7,500 residents in a town, so most people do not get a brand-new license. They buy one through a transfer, and many sell for hundreds of thousands of dollars. Getting the paperwork right is the difference between a smooth approval and a denial.
Here is what you will learn in this guide:
- 📋 What the Type 44 license is and exactly who must file the application.
- 🗂️ Every document and ID number to gather before you open the form.
- ✍️ A line-by-line walkthrough of all 12 pages, with sample answers.
- 🧾 Three full real-world examples, from a store sale to a relocation.
- ⚠️ The field-level mistakes that get applications rejected, and how to dodge them.
What the Type 44 License Is and Who Must File It
A Plenary Retail Distribution License (Type 44) lets the holder sell alcoholic beverages only in original, sealed containers for drinking off the premises, which is why people call it a “liquor store license,” as explained by NJ ABC liquor law attorneys. You can sell beer, wine, and spirits to take home, and you may run other retail business, like a grocery or deli, on the same site. You cannot let people open and drink the alcohol in your store.
You must file the Application for Retail Alcoholic Beverage License whenever you request a new license, a person-to-person transfer, a place-to-place transfer, a change of corporate structure of more than 33⅓%, a partnership change, or a renewal, as the form’s own instructions state. The same form covers all of these actions. You check a different box on page 1 for each one.
The agency that receives the form is your town’s Municipal Clerk or local ABC Board, called the Local Issuing Authority, while the state Division of ABC oversees the whole system. The statute that creates the license is N.J.S.A. 33:1-12, and the rules that govern conduct sit in the New Jersey Administrative Code at Title 13, Chapter 2. The penalty for getting it wrong is real: the Director can issue a Notice of Charges and then suspend or even revoke your license, as the ABC practice guidance warns.
One common misconception is that the state issues your Type 44 directly. It does not. Your town acts first by resolution, and the state assigns and tracks the 12-digit license number. Because the population cap limits supply, a license that gets revoked above the cap can never be reissued, so protecting your license is as important as getting it.
Before You Start: Documents and Information You Need
Gather everything below before you open the form, because the application asks for exact numbers and a missing one stalls the whole filing. A blank or guessed field forces the Clerk to send the application back, and you lose weeks.
- State Assigned License Number (12 digits). This identifies the existing license on a transfer or renewal; without it the Clerk cannot match your file.
- New Jersey Sales Tax Certificate of Authority Number. The state checks that you are registered to collect sales tax; a missing number signals an unregistered business.
- Trade name registration. Your “doing business as” name must be registered with the NJ Secretary of State (corporation) or County Clerk (sole proprietor or partnership), or the form is incomplete.
- Certificate of Incorporation number and date. Corporations need these to prove the company is valid and in good standing.
- Social Security numbers and dates of birth. Every owner, partner, officer, director, and 1%-or-more stockholder must be listed, because the state runs background checks on each one.
- Source-of-funds records. Bank statements, loan papers, and proof of where the purchase money came from support the disclosures on page 9.
- Lease or deed and mortgage details. Page 3 asks who owns or leases the building and who holds any mortgage.
- Tax Clearance Certificate. The Division of Taxation must confirm you owe no back taxes; without it the town cannot approve the transfer.
- Premises sketch. An up-to-date drawing of the licensed area must go in the state file, especially if only part of a building is licensed.
- Filing fee. A $200.00 certified check or money order payable to the Division of Alcoholic Beverage Control, plus the local fee your town sets.
If any item is missing, the safest move is to stop and get it first. A licensee named Priya once filed without her Tax Clearance Certificate and lost six weeks waiting on a denial she could have avoided.
Where to Get the Form and How to Access It
The municipal-issued Type 44 application is the 12-page Application for Retail Alcoholic Beverage License (revision noted on the PDF, Department of Law and Public Safety), which you can download free from the state ABC website. Many towns also post the same 12-page PDF on their own sites, such as the Borough of Lodi liquor license page, which mirrors the state version. Always confirm you have the current revision so your page and box numbers match what the Clerk expects.
You can complete the form two ways. The traditional way is to print it, type or print your answers, and deliver the original plus two copies to your Municipal Clerk or ABC Board Secretary. The newer way is online: many filings now run through the state’s ABC POSSE online licensing system, where you log in and submit electronically.
For municipal-issued licenses like the Type 44, your town decides whether you file on paper, online, or both, so call the Clerk first. The form itself notes that the original and two copies go to the municipality, and one stamped copy comes back to you to keep on the premises for inspection. Keep that returned copy safe, because an inspector can ask to see it.
A frequent misconception is that you mail the form to Trenton. You do not. The Local Issuing Authority acts first, and the state’s role is oversight and assigning the license number.
Step-by-Step: How to Fill Out the Application for Retail Alcoholic Beverage License Line by Line
Fill the form out in full, and where a question does not apply, write N/A rather than leaving it blank, as the form instructs. Blank spaces look like missed questions and trigger a return. Below, each page is broken into its key fields with sample answers.
Page 1: Type of License and Action (Top Boxes)
This page asks what kind of license you hold and what you are asking the town to do. You check the license type and the action in the boxes provided. For a liquor store, you check Code 44, Plenary Retail Distribution, and then check one action, such as A New License, Person to Person Transfer, Place to Place Transfer, Change of Corporate Structure, or Renewal of License.
To answer it, mark an X next to 44 Plenary Retail Distribution in the license column, then mark exactly one box in the action column. For example, Sunrise Wines LLC buying an existing store checks 44 and Person to Person Transfer.
A nuance: if you are only reporting a small change of facts and not one of the listed transactions, you complete page 1, the page where the change appears, and a Certification Page, per the form’s instructions. A common mistake is checking two actions at once, which confuses the Clerk and the state and delays the resolution. The misconception to drop is that the license type and the action are the same box; they are two separate choices, and you must mark both.
The top of page 1 also has spaces marked TR#, FEE, DATE, and State Assigned License Number with boxes A, W, D, U for division use. Leave the TR# and the A/W/D/U code boxes blank, because these are for the Division and the Clerk. The “Reserved for Municipal Use” block, including Municipal Fee and Effective Date, is also filled in by the Clerk, not you.
Page 2: Applicant Identity, Premises Address, and Trade Name (Items 2.1–2.7)
This page asks who is applying, where the license will be used, and under what business name. You first enter the type of applicant with a single digit: 1 for an individual, 2 for a business corporation, 3 for a partnership, 6 for a limited partnership, and so on.
To answer 2.1, write the exact legal name as it will appear on the license certificate, not the trade name, in “Last Name, First, Middle Initial or Corporate Name” order. For example, Sunrise Wines LLC writes its full corporate name, while a sole owner writes Okafor, Daniel J. In 2.2, enter the actual street address of the store. In 2.4, enter your NJ Sales Tax Certificate of Authority number, and in 2.5 list every registered trade name, such as Main Street Liquors.
A nuance: item 2.6 is answered by everyone except new-license applicants and asks if the license is actively used, when the business stopped, and whether a transferred license will be used at an operating store; new-license applicants instead answer 2.7. A common mistake is putting the trade name in 2.1 instead of the legal name, which makes the certificate read wrong. The misconception to drop is that the trade name and the legal name are interchangeable; the license certificate carries the legal name, and the trade name is the sign on the door.
Page 3: Description of the Licensed Premises (Items 3.1–3.9)
This page describes the exact physical space to be licensed for selling and storing alcohol. You start at 3.1 with how many separate buildings fall under the license, and if more than one, you attach a separate page 3 for each.
To answer, fill in the building count and, at 3.2, label which building this page covers. At 3.3, mark Yes or No on whether the entire building is licensed, and if No, use 3.4 to mark each floor. At 3.7, state whether you own or lease the building and whether there is a mortgage; for example, Daniel Okafor checks that he leases and lists his landlord at 3.9. If you own, you give the mortgage holder at 3.8.
A nuance: if the license is a “pocket” or inactive license with no sited premises, you answer only 3.1 with N/A and put N/A in 2.2 as well, per the form. A common mistake is skipping the premises sketch that the form asks you to attach, which leaves the state file incomplete and slows approval. The misconception to drop is that you only describe the sales floor; the licensed area includes storage, basements, and any adjacent grounds you want covered.
Page 4: Location, Delivery, Federal Registration, and Other Business (Items 4.1–4.5)
This page covers sensitive location rules and any non-alcohol business at the site. 4.1 asks if the nearest entrance is within 200 feet of a church or school, and if Yes, whether a signed waiver is attached.
To answer, mark Yes or No at 4.1, and if Yes, attach the official waiver. At 4.2, state whether you will use a vehicle to deliver alcohol, which requires a transit insignia first. At 4.3, report whether you filed the federal Special Tax Registration form (ATF F 5630.5) with the Bureau of Alcohol, Tobacco and Firearms, and the date. At 4.4, mark Yes if you will run another business, like a Grocery or Delicatessen, and indicate who runs it; Sunrise Wines LLC checks Grocery and “Applicant.”
A nuance: if someone other than you runs the side business, 4.5 requires their full details and sales tax number on a separate page. A common mistake is answering No to 4.1 without measuring, then having the town find a school nearby, which voids the approval. The misconception to drop is that the 200-foot rule blocks the license outright; a signed waiver from the proper official can clear it.
Page 5: Prohibited Interests and Conflicts (Items 5.1–5.3)
This page roots out conflicts of interest that the law forbids. 5.1 asks if the applicant or anyone named is a police officer or holds a job enforcing alcohol laws.
To answer, mark Yes or No on each item. At 5.2, state whether anyone with a beneficial interest holds office in the town issuing the license. At 5.3, the key “tied-house” question, mark whether anyone has any interest in a brewery, winery, distillery, importer, or wholesale alcohol business, as owner, landlord, stockholder, or otherwise. For example, Maria Castellano, a pure retail owner, marks No on all three.
A nuance: if you answer Yes to 5.3, you must attach an affidavit explaining the relationship and give the related New Jersey license number. A common mistake is answering No to 5.3 while a partner secretly owns wholesale stock, which is fraud and grounds for denial. The misconception to drop is that owning a few public shares of a big beverage company is harmless; you must still disclose it and let the Division decide.
Page 6: License Denials, Discipline, and Criminal History (Items 6.1–6.4)
This page is the background-check core of the form and is read closely. 6.1 asks if the applicant was ever denied a New Jersey liquor license, and 6.2 asks the same about any other person named.
To answer, mark Yes or No, and if Yes, give the license type, the government unit, the date, and the reason. 6.3 asks whether anyone named had an interest in a license that was surrendered, suspended, revoked, or penalized within the past 10 years; details go on a separate page with the docket number. 6.4 asks if anyone named was ever convicted of a criminal offense, and if Yes, you give the person’s name, date of birth, conviction date, court, the specific charge, and the disposition.
A nuance: under 6.4(B) and N.J.S.A. 33:1-31.2, no license issues without an order from the Director finding no disqualification or removing it, so you provide the agency docket number for any such order. A common mistake is hiding an old conviction, thinking it is too minor to matter; the state finds it, and the lie itself becomes the reason for denial. The misconception to drop is that a past conviction automatically bars you; the Director can issue a removal of disqualification, and honesty keeps that door open.
Page 7: Other License Interests and Qualification (Items 7.1–7.2)
This page checks whether you or your family already hold alcohol interests and whether anyone would fail to qualify. 7.1 asks if the applicant, an immediate family member (spouse, children, parents, in-laws, or siblings), or anyone with a beneficial interest holds an interest in any other New Jersey alcohol license.
To answer, mark Yes or No, and if Yes, list each 12-digit license number, the holder’s name, and the relationship to you. 7.2 asks whether any person or corporation named would fail to qualify on their own because of age, criminal conviction, or prohibited interests, and if Yes, you give the name, Social Security number, and date of birth. For example, Sunrise Wines LLC lists the other store owned by its managing member at 7.1 and marks No at 7.2.
A nuance: New Jersey limits how many retail licenses one person can hold, so 7.1 is how the state enforces that cap. A common mistake is forgetting a spouse’s separate license, which the state cross-references and flags as a false answer. The misconception to drop is that only your own licenses count; the question reaches your whole immediate family and anyone with a beneficial interest.
Page 8: Taxes Owed, Exceptions, and Transfer Details (Items 8.1–8.9)
This page confirms you owe no alcohol-related taxes and captures the transfer details. 8.1 asks if the applicant or anyone named owes New Jersey or the United States any license fee, penalty, interest, or alcoholic beverage tax.
To answer, mark Yes or No at 8.1, and answer 8.2 and 8.3 about hotel/motel or two-license exceptions (usually No for a plain liquor store). For a transfer, 8.4 is the license number being transferred, 8.5 names the current holder on a person-to-person transfer, and 8.6 gives the current site address on a place-to-place transfer. At 8.7 and 8.8, you list the two public-notice publication dates and the newspaper. For example, Sunrise Wines LLC enters the seller Hometown Spirits Inc. at 8.5 and names the Bergen Record at 8.8.
A nuance: 8.9 applies only to a corporate-structure change where a new stockholder gets more than 1% of the stock, and it requires one published notice instead of two. A common mistake is publishing the notice before you file the application, which the form forbids because publication may not come sooner than the filing date. The misconception to drop is that public notice is optional; it is required for new licenses and transfers so neighbors can object.
Page 9: Hidden Interests, Security Interests, and Profit-Sharing (Items 9.1–9.3)
This page exposes anyone behind the scenes with money or control in the license. 9.1 asks if any individual, partnership, or corporation other than the applicant has a direct or indirect interest, or if any stock is held in escrow or pledged.
To answer, mark Yes or No, and if Yes, complete a separate page 9 for each person with their name, Social Security or sales tax number, address, and the nature of the interest. 9.2 asks if anyone holds a chattel mortgage, conditional bill of sale, or security interest on fixtures or equipment. 9.3 asks if you agreed to pay anyone without an ownership interest a share of the gross receipts or net profit. For example, a buyer who borrowed from an equipment lender lists that lender at 9.2.
A nuance: these “source of funds” and silent-partner questions are where the state catches hidden ownership, so disclose every lender and profit-share deal. A common mistake is treating a family loan as private and leaving it off 9.1, which the state views as concealed ownership. The misconception to drop is that only equity owners count; a profit-share or pledged-stock arrangement is an interest that must appear here.
Page 10: Corporate Information (Items 10.1–10.11, Corporations Only)
This page is for corporations and any corporation in the ownership chain, and sole owners or partnerships skip to page 10A. 10.1 asks for the corporation’s name, and 10.2 for its home-office address.
To answer, corporations fill in the name, address, and at 10.3 the NJ Sales Tax Certificate of Authority number. At 10.5 confirm the corporation is valid, at 10.6 give the date and state of incorporation, and at 10.7 the Certificate of Incorporation number. At 10.10, name the registered agent in New Jersey for service of process. For example, Sunrise Wines LLC names its registered agent and New Jersey office address.
A nuance: 10.11 requires a diagram of the corporate chain and stock percentages if the licensed company is owned by other corporations. A common mistake is skipping 10.8, the out-of-state authorization to do business in New Jersey, which leaves a foreign corporation unqualified. The misconception to drop is that only the operating company files page 10; every parent or holding company in the chain must complete its own page 10 and 10A.
Page 10A: Owners, Officers, Directors, and 1%+ Stockholders (All Applicants)
This page lists the real people behind the license, and all applicants complete it. It captures every sole owner, partner, officer, director, and any stockholder holding one percent or more of the shares.
To answer, for each person enter the name (last name first), home address, Social Security number, date of birth, home and office phone, the percentage of business owned or controlled, the number of shares, and the position held (you check Sole owner, Partner, Stockholder, President, and so on). For example, Maria Castellano lists herself as Castellano, Maria L., 100% owner, “Sole owner.” Add more page 10A copies as needed for additional people.
A nuance: limited partnerships must also attach a list of all limited partners with each one’s ownership percentage. A common mistake is leaving off a quiet 1% investor, which the state treats as an undisclosed interest and a false statement. The misconception to drop is that only the majority owner must be listed; the 1% threshold pulls in small investors too, and each must pass a background check.
Page 11: The Affidavit and Consent to Inspection
This final page is the sworn statement that makes everything you wrote legally binding. By signing, you consent under N.J.S.A. 33:1-35 to warrantless inspection of the licensed premises by the Director and law enforcement, and you swear the application is true and a complete disclosure of fact.
To answer, fill in the license period (FROM and TO dates), check whether you sign as an individual, partnership member, or corporate officer, and sign in the matching block. A corporation needs the President or Vice President to sign, the Secretary to attest, and the corporate seal affixed. The whole page must be signed before a New Jersey notary public or attorney at law, who completes the jurat. For example, Daniel Okafor signs as an individual applicant before a notary.
A nuance: the signer must be the person legally authorized, and for a corporation that authority comes from a corporate resolution. A common mistake is signing without a notary, which makes the affidavit invalid and the whole application worthless. The misconception to drop is that the signature is a formality; it is a sworn oath, and a false statement here is a crime that can end the license and bring charges.
Three Filled-Out Examples Using Real Scenarios
Below are the three most common Type 44 filings, each followed through the form by one named filer. These show what real answers look like in the key fields.
Scenario 1: Person-to-Person Transfer (Sunrise Wines LLC Buys an Existing Store)
Sunrise Wines LLC is buying “Hometown Spirits” from its current owner and keeping the same location.
| Form Section | What Sunrise Wines LLC Enters |
|---|---|
| Page 1 action | Checks 44 Plenary Retail Distribution and Person to Person Transfer |
| Page 2, applicant type | Enters 2 (Business Corporation) and corporate name in 2.1 |
| Page 2, item 2.2 | Same store street address, since location is unchanged |
| Page 2, item 2.4 | Its NJ Sales Tax Certificate of Authority number |
| Page 6, item 6.4 | Marks No for criminal convictions for all members |
| Page 8, item 8.4 | The 12-digit license number being transferred |
| Page 8, item 8.5 | Hometown Spirits Inc. as the current holder |
| Page 8, items 8.7–8.8 | Two future publication dates and the Bergen Record |
| Page 10A | Each member with 1%+ interest, percentage, and position |
| Page 11 | President signs and attests before a notary |
Scenario 2: Place-to-Place Transfer (Maria Castellano Moves Her Store)
Maria Castellano owns her Type 44 outright and is relocating from an old strip mall to a new storefront across town.
| Form Section | What Maria Castellano Enters |
|---|---|
| Page 1 action | Checks 44 and Place to Place Transfer |
| Page 2, applicant type | Enters 1 (An Individual) |
| Page 2, item 2.2 | The new store address where the license will be used |
| Page 3, items 3.1–3.7 | New building details and that she leases the space |
| Page 4, item 4.1 | Measures and marks whether within 200 feet of a school |
| Page 8, item 8.6 | The old site address she is transferring from |
| Page 8, items 8.7–8.8 | Two publication dates and her local newspaper |
| Page 10A | Herself as Castellano, Maria L., 100%, Sole owner |
| Page 11 | Signs as an individual before a notary |
Scenario 3: Change of Corporate Structure (Daniel Okafor Joins as a New Stockholder)
Daniel Okafor is buying 40% of the stock of an incorporated liquor store, a change of more than 1%.
| Form Section | What Daniel Okafor’s Corporation Enters |
|---|---|
| Page 1 action | Checks 44 and Change of Corporate Structure |
| Page 2, applicant type | Enters 2 (Business Corporation) |
| Page 6, item 6.4 | Discloses any conviction for the new stockholder |
| Page 8, item 8.9 | One notice date and newspaper for the 1%+ stock change |
| Page 9, item 9.1 | Any pledged or escrowed stock tied to the purchase |
| Page 10, items 10.1–10.7 | Corporate name, address, and incorporation details |
| Page 10A | Okafor, Daniel J., 40%, Stockholder, with SSN and DOB |
| Page 11 | President signs, Secretary attests, seal affixed |
How to File the Completed Form
You file the Type 44 application with your Local Issuing Authority, and the channel depends on your town. Keep proof of everything you submit.
- In person or by mail (paper). Deliver the original plus two copies of the completed application to the Municipal Clerk or ABC Board Secretary at your town hall; the address is on your town’s website, such as the Borough of Lodi clerk’s office. Include a $200.00 certified check or money order payable to the Division of Alcoholic Beverage Control, plus the local fee, which the town sets by ordinance. Accepted payment is certified check or money order, not personal check or cash. Processing runs weeks to months because the town must hold a hearing and pass a resolution. Keep your stamped returned copy as proof of filing.
- Online (state portal). For renewals and many filings, log in to the ABC POSSE online licensing system and submit electronically; you pay the state fee by the portal’s accepted electronic methods. Processing is faster for clean renewals, often days to weeks. Save the confirmation screen and receipt as your proof.
- Fax. New Jersey does not accept this 12-page application by fax; do not use fax as a filing channel for a Type 44.
The local fee for a Type 44 varies by municipality and is set by your town’s ordinance, so always confirm the exact amount with the Clerk before you write the check. As a real example, one town lists a Type 44 annual renewal fee in the hundreds of dollars range, but your town may differ. The $200.00 state filing fee, by contrast, is fixed statewide.
What Happens After You File
Once the town has your complete application and fees, the clock starts on a public process. You publish the required public notice in a newspaper on the dates you listed in items 8.7 and 8.8, which lets neighbors raise objections.
The Local Issuing Authority then reviews your file, runs background checks on everyone named, and confirms your Tax Clearance Certificate. If no disqualification appears, the town votes by resolution to approve the transfer or issuance, and the state assigns or updates your 12-digit license number. This can take several weeks to a few months, longer if anyone objects or a background issue surfaces.
If the town denies your application, the decision is generally appealable directly to the Director of the Division of ABC, as NJ ABC attorneys explain. You keep your stamped copy and any resolution as your records. Once approved, you must keep the license and your returned application copy on the premises for inspection at all times.
A misconception worth correcting is that approval is automatic once you pay. It is not; the town can attach special conditions, and a single objection or background flag can pause or stop the process.
Mistakes to Avoid When Filling Out the Form
- Leaving fields blank instead of writing N/A, which makes the Clerk treat the application as incomplete and return it.
- Checking two action boxes on page 1, which confuses the town and delays the resolution.
- Putting the trade name in item 2.1, which prints the wrong name on the license certificate.
- Forgetting the premises sketch on page 3, which leaves the state file incomplete and stalls approval.
- Answering 4.1 without measuring the 200-foot distance to a school or church, which can void the approval later.
- Hiding a wholesale or tied-house interest on item 5.3, which is fraud and a ground for denial.
- Concealing an old criminal conviction on item 6.4, which the state finds and uses as the reason to deny.
- Omitting a spouse’s separate license on item 7.1, which the state cross-references and flags as false.
- Publishing the public notice before the filing date, which the form forbids and which invalidates the notice.
- Leaving a quiet 1% investor off page 10A, which the state treats as an undisclosed interest.
- Skipping item 10.8, the out-of-state authorization, which leaves a foreign corporation unqualified.
- Signing page 11 without a notary, which makes the sworn affidavit invalid and the whole filing worthless.
Do’s and Don’ts
Do’s
- Do call your Municipal Clerk first, because the filing channel and local fee are set by your town.
- Do gather your Tax Clearance Certificate early, since the town cannot approve a transfer without it.
- Do list every owner, officer, and 1%+ stockholder, because each one is background-checked.
- Do write N/A in every question that does not apply, so no field looks skipped.
- Do keep your stamped returned copy on the premises, because an inspector can demand it.
- Do disclose all loans and profit-shares on page 9, since hidden funding reads as concealed ownership.
Don’ts
- Don’t guess at ID numbers, because a wrong sales tax or license number sends the file back.
- Don’t publish your notice before you file, since the form bars notice earlier than the filing date.
- Don’t sign the affidavit until you are in front of a notary, or the page is invalid.
- Don’t assume a small conviction is too minor to list; honesty keeps the disqualification door open.
- Don’t mix up the legal name and the trade name in items 2.1 and 2.5.
- Don’t expect a brand-new license, since the population cap means most Type 44s come through transfer.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se (On Your Own) | Filing With an Attorney or Consultant |
|---|---|
| Pro: You save the legal fees, which can run into the thousands. | Pro: An ABC attorney knows the population cap and transfer traps, reducing denial risk. |
| Pro: You learn the form and your own business inside out. | Pro: They handle the public notice, Tax Clearance, and resolution timing for you. |
| Pro: For a simple renewal, the online portal is fast and manageable alone. | Pro: They can respond fast if the town attaches special conditions or someone objects. |
| Con: One missed field or wrong box can cost you weeks of delay. | Pro: They can file an appeal to the Director if the town denies you. |
| Con: You may miss a hidden tied-house or disclosure issue and trigger a denial. | Pro: For a six-figure license purchase, the fee is small insurance. |
| Con: You bear the full risk of a sworn-affidavit error, which can be a crime. | Con: Legal fees add cost, and you still must supply all the underlying records. |
Key Agencies, Statutes, and Forms That Interact With This One
Several entities touch the Type 44 application, and knowing each role helps you file cleanly. The New Jersey Division of Alcoholic Beverage Control oversees all licensing and assigns the 12-digit license number, while your Municipal Clerk or local ABC Board acts as the Local Issuing Authority that approves the license by resolution.
The governing statute is the Alcoholic Beverage Control Act, with the Type 44 created under N.J.S.A. 33:1-12 and disqualification rules under N.J.S.A. 33:1-31.2, while the New Jersey Division of Taxation issues the Tax Clearance Certificate the town requires. Related municipal-issued license types include the Type 33 Plenary Retail Consumption (bar/restaurant) and the Type 43 Limited Retail Distribution, as shown on the state’s retail license list, so be sure you are filing for the right code.
Type 44 vs. Type 33: Knowing You Picked the Right License
| Type 44 — Plenary Retail Distribution | Type 33 — Plenary Retail Consumption |
|---|---|
| Sells alcohol only in sealed containers to take home. | Sells alcohol for drinking on the premises, like a bar or restaurant. |
| Known as the liquor store license under N.J.S.A. 33:1-12. | Used by bars, restaurants, and clubs for on-site service. |
| May run a grocery or deli on the same site. | Centers on food and drink service to seated patrons. |
| Limited to one per 7,500 residents per town. | Has its own consumption-license population limits. |
FAQs
Do I file this form with the state or with my town?
No. You file it with your Municipal Clerk or local ABC Board, the Local Issuing Authority; the state Division of ABC oversees the process and assigns your 12-digit license number.
Is the $200 filing fee the only cost?
No. A $200.00 state fee applies, but your town sets a separate local fee by ordinance, and transfers and renewals carry their own municipal charges that vary by municipality.
Can I get a brand-new Type 44 license easily?
No. New Jersey allows only one Plenary Retail Distribution License per 7,500 residents, so most people acquire one through a person-to-person transfer rather than a new issuance.
Do I write the trade name or the legal name in item 2.1?
No, not the trade name. Item 2.1 takes the exact legal or corporate name for the certificate; your trade name, like Main Street Liquors, goes in item 2.5.
Should I leave a question blank if it does not apply?
No. Write N/A in any question that does not apply, because a blank space looks like a missed answer and gets the application returned as incomplete.
Do I have to list a stockholder who owns only 1%?
Yes. Page 10A requires every stockholder holding one percent or more of the shares, with their name, Social Security number, date of birth, and ownership percentage.
Must I disclose a loan from a family member on page 9?
Yes. Item 9.1 covers any direct or indirect interest, so a family loan or pledged stock must be disclosed, or the state may treat it as concealed ownership.
Can I publish my public notice before I file the application?
No. The form states publication may not be sooner than the filing date, so you list future dates in items 8.7 and 8.8 and publish only after filing.
Does an old criminal conviction automatically disqualify me?
No. Under N.J.S.A. 33:1-31.2 the Director can issue an order removing the disqualification, but only if you disclose the conviction honestly on item 6.4.
Do I need a notary to sign the application?
Yes. Page 11 is a sworn affidavit that must be signed before a New Jersey notary public or attorney at law, or the affidavit is invalid.
Do sole owners have to complete page 10?
No. Page 10 is for corporations only; sole owners and partnerships skip to page 10A, while corporations complete both page 10 and page 10A.
Can I appeal if my town denies the application?
Yes. A local denial is generally appealable directly to the Director of the Division of Alcoholic Beverage Control, so keep your stamped copy and the town’s resolution.
Do I answer item 8.5 on a place-to-place transfer?
No. Item 8.5 is for a person-to-person transfer to name the current holder; a place-to-place transfer uses item 8.6 for the current site address instead.
Is fax an accepted way to file the 12-page application?
No. New Jersey does not accept this application by fax; file on paper with your Municipal Clerk or online through the ABC POSSE licensing system.
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