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5 N.J.A.R. 141

Stevens, Harry M., Inc., t/a Atlantic City Race Track; Alcoholic Beverage Control, Division of v
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Citation: 5 N.J.A.R. 141
Decision Date: 1981
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: Respondent was charged by the Division of Alcoholic Beverage Control with serving alcohol to an apparently intoxicated person in violation of N.J.A.C 13:2-23.1(b). The administrative law judge assigned to the case found that while the Division's investigators had observed an apparently intoxicated person being served by the respondent, any conduct observed by the respondent's employees behind the bar did not give rise to a con- clusion by a reasonable person that the individual's behavior departed from the norm. Accordingly, the administrative law judge ordered that the matter should be dismissed. Jerome A. Ba!!arotto, Deputy Attorney General, for petitioner (James R. Zazzali, Attorney General of New Jersey, attorney) Joseph S. Nester, Esq., for respondent (Russo, Tumulty & Nester, attorneys)
Rule(s) Cited: 13:2-23.1(b)