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8 N.J.A.R. 449

Sterr, John; Moore, Walt; Sutor, John; Piehl, William; Brewer, Richard; and GNOC Corporation; Gaming Enforcement, Division of, State of New Jersey, Department of Law and Public Safety v
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Citation: 8 N.J.A.R. 449
Decision Date: 1986
Agency: CASINO CONTROL COMMISSION
Synopsis: The Division of Gaming Enforcement filed a complaint with the Casino Control Commission charging that respondents had violated N.J.S.4. 5:12-70(j) and N.J.4.C. 19:45-1.11(c)(7) as a result of the manner in which respondents had handled the discovery of a loaded handgun in a casino hotel room. The administrative law judge assigned to the case found on the basis of stipulated facts and admissions of liability that a loaded handgun had been found in a hotel room which had been registered to a preferred patron oœ the casino hotel. Instead of immediately notifying law enforcement authorities, respondents re-registered the patron in the room and arranged, through the hotel's security office for the gun to be picked up. In turning over the weapon, respondents failed to adequately identify the individual picking up the gun or determine whether he had been issued a permit to carry a gun. The judge concluded that respondents' actions failed to comport with N.J.4. C. 19:45-1.1(c)(7) which requires casino licensees to main- tain a security department which operates independently of all other departments to properly enforce the law, and specifically in subsection (vi), to detain individuals who may be involved in illegal acts œor the purpose of notifying law enforcement or Commission authorities. Pursuant to the admission of liability, the judge approved suspensions without pay or fines for the individual respondents and, in light of prior violations, a $75,000 fine on the corporate respondent for its failure to maintain an independent security department. Upon review, the Casino Control Commission modified this initial decision to note that the corporate respondent had been found to have violated N.J.A.C. 19:45-1.11 (c)(7) on at least three separate occasions. James C. Fogarty, Deputy Attorney General, for petitioner (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Thomas C. Brown, Esq., for respondent, John Sterr G. Michael Brown, Esq., for respondent, Walter Moore (Brown & Michael, attorneys) H. Corley White, Esq., for respondent John Sutor (Starkey, Kelly, Blaney & White, attorneys) Robert W. Gluck, Esq., for respondent, William Piehl (Gluck & Kelso, attorneys) Robert F. Gallo, Esq., for respondent, Richard Brewer Alfred J. Luciani, Esq., for respondent, GNOC, Corp. Initial Decision
Rule(s) Cited: 19:45-1.11(c)6 
Statute(s) Cited: 5:12-700)