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6 N.J.A.R. 13

Div. of Alcoholic Bev. Control v. Red Klotz
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Citation: 6 N.J.A.R. 13
Decision Date: 1982
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: The Division of Alcoholic Beverage Control sought to suspend respondent-licensee's liquor license for alleged violations of N.J.S.A 33:1-31 and N.J.A.C 13:2-23.5 based upon a charge that an employee of the licensec sold marijuana on the licensed premises. The administrative law judge found that one two occasions, a part- time bartender employed by the licensec sold marijuana to two under- cover agents on the licensed premises and that based upon N.J.A.C 13:2-23.28 the licensec was found to be strictly liable for these viol- ations. The judge noted that it was a fundamental principle that a licensec is responsible and fully accountable for the activities and violations committed by its agents and unlike Ishamel v Div of Al- coholic Beverage Control, 58 N.J 347 (1971) it was an employee who was involved in the sale. The judge did, however, note that the licensec had seriously endeavored to eradicate the drug problem in and around its premises but that its physical location made this difficult. Considering these mitigating circumstances, the judge ordered a five-day suspension of the respondent's license. Christine H. Steinberg, Deputy Attorney General, for petitioner (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Edwin J. Jacobs, Esq. for respondent (Tort, Jacobs, Gross & Todd, attorneys)
Rule(s) Cited: 13:2-23.28 
Statute(s) Cited: 33:1-31