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5 N.J.A.R. 273

Ty-Dan Corporation, t/a Winners Circle; Alcoholic Beverage Control, Division of v
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Citation: 5 N.J.A.R. 273
Decision Date: 1980
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: The Division of Alcoholic Beverage Control brought charges against respondent that it had allowed, permitted and suffered un- lawful possession of a controlled dangerous substance upon its premises in violation of N.J.A.C 13:2-23.5(b). The administrative law judge assigned to the case found that two patrons of the bar had rolled and smoked a marijuana cigarette in the presence of respondent's bartender, that the bartender knew the cigarette was marijuana and had made a good faith effort to dis- courage the activity. Accordingly, the judge concluded that the Division had proven only two of three elements of N.J.A. C 13:2-23.5(b) namely, that the cigaret- te was marijuana and that the respondent's bartender knew it was marijuana. Since there was a good faith effort to discourage this conduct, the judge ordered that respondent's license not be revoked and that a fine be imposed by the Division. Jerome Ba!!arotto, Deputy Attorney General for petitioner (John J. Degnan, Attorney General of New Jersey, attorney) David S. Piltzer, Esq., for respondent (Piltzer & Piltzer, attorneys)
Citation Tracker modified-Div. of A.B.C.; affirmed -App. Div. A-750-80, 6/18/81 (unreported) [Updated through 1991]