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9 N.J.A.R. 78

Sturchio, Thomas v. Harrison, Mayor and Council of the Town of
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Citation: 9 N.J.A.R. 78
Decision Date: 1986
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: Licensee appealed from a local issuing authority's denial of a person-to-person transfer of a plenary retail consumption license based upon licensee's conviction on three disorderly persons offenses. The administrative law judge assigned to the case determined that while licensee had never been convicted of a crime involving moral turpitude, the local authority's decision on a licensing question should not be set aside unless it was shown to be unreasonable. The judge found the local authority's determination that it did not wish to license an individual who had been convicted of shoplifting and violent crime reasonable and thus affirmed the denial of the license transfer. Upon review, this initial decision was adopted by the Director of the Division of Alcoholic Beverage Control. The Director noted that an applicant bears the burden to establish his fitness for licensure. The fact that licensee had never been convicted of a crime involving moral turpitude did not mean he should automatically be granted an alcoholic beverage license. In this case, the Director concluded that licensee had failed to estalished his qualification for licensure. John Gero, Esq., for petitioner Maureen F. Vaskis, Esq., for respondent (Walter Kennedy, Town Counsel, attorney)