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9 N.J.A.R. 262

M.A.T. Wine & Liquor Company, In the Matter of
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Citation: 9 N.J.A.R. 262
Decision Date: 1983
Synopsis: The Director of the Division of Alcoholic Beverage Control initiated disciplinary proceedings against M.A.I. Wine and œiquor Co. alleging that it had failed to disclose a hidden interest in the license in violation of N.J.S.A. 33:1-25; had failed to keep true books of account in violation of N.J.A.C. 13:2-23.32: and had hindered an investigation into the matter in violation of N.J.S.A. 33:1-35 and N.J.A.C. 13:2-23.30. Ihe administrative law judge assigned to the case found that the husband of the named licensee negotiated for the purchase of the license and it was to her husband that the wife referred all questions about the business. In addition, the husband had identified himself as the manager of the business, had been observed to be in charge of the licensed premises and his was the only authorized signature on the business bank account. Accordingly, the judge concluded that an undisclosed interest existed and that the named licensee had aided her husband in improperly exercising the rights of a licensee. As to the charge of failing to maintain true books of account, the judge found that there had been a commingling of business funds from outside sources and that affidavits and promissory notes had been prepared to falsify the source of funds utilized for the original business venture. Accordingly, the judge concluded that the licensee had failed to maintain true books of account. Lastly, the judge found that the licensee had hindered an in- vestigation into her business affairs by deliberately preparing false affidavits and by failing to produce documents which had been re- quested. He concluded that such conduct amounted to the hindering of an investigation. Ihe administrative law judge ordered the license suspended for the balance of the 1982-1983 licensing term, in effect a 77 day fixed license suspension. Upon review, this initial decision was modified by the Director of the Division of Alcoholic Beverage Control. He accepted the State of New Jersey 263 In re: M.A.T. Co. judge's factual findings but modified the penalty imposed. The Direc- tor noted that the appropriate penalty where unlawful situations exist is an indefinite suspension of the license until corrective action is established. He so ordered and imposed a minimum term of closing of 90 days before the suspension could be lifted. Lauren J. Fleischer, Deputy Attorney General, for the State Division of Alcoholic Beverage Control (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Charles Allen, Esq., for the licensee (Dietrich, Allen and St. John, attorneys)
Rule(s) Cited: 13:2-23.30 13:2-23.32 
Statute(s) Cited: 33:1-25 33:1-93.6