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9 N.J.A.R. 303

Haas, William & Cappadonna, Stephen, A New Partnership 'Trading as Reflections'; Alcoholic Beverage Control, Division of v
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Citation: 9 N.J.A.R. 303
Decision Date: 1984
Synopsis: The Division of Alcoholic Beverage Control instituted proceed- ings against respondent based upon seven alleged violations of its disciplinary regulations discovered during the course of undercover investigations conducted in October 1983. The administrative law judge assigned to the case found that the licensee had allowed the following violations on its premises: lewd performance, gambling, offering unlimited quantities of an alcoholic beverage at a set price, prostitution, employing an individual who did not possess a valid municipal employee registration, failure to main- tain a copy of the license on the premises and failure to keep a current employee list on the premises. The judge determined that, with the exception of the proposed 120-day sanction for the gambling offense, the other suggested penalties advanced by the Deputy Attorney Gen- eral presenting the matter, for all the remaining offenses, were ap- propriate. While noting that the owners of the license themselves had committed the gambling offense, the judge determined that the offense was less serious since neither of the principals sought to engage any patron in gambling, and that the premises were closed to the public at the time of the offense. Accordingly, the judge found that a license suspension of 90 days was appropriate for the gambling offense. Thus, the judge in conjunction with the other offenses, imposed a total license suspension for a total of 280 days. Upon review, this initial decision was modified by the Director of the Division of Alcoholic Beverage Control. The Director observed that the evidence overwhelmingly supported the charges in the case and that the offenses were serious. The licensees themselves were engaged in commercialized gambling by utilizing the telephone to place bets with an organized illegal gambling operation. The Director extensively discussed the issue of 'commercialized gambling' and concluded that the precedent penalty for this offense, 120 days suspension, should be imposed. The final order of the Director reflect- ed this modification and the respondent's license was suspended for 310 days. The Director also determined not to allow the licensees to pay. a monetary offer for any part of the suspension, since the evidence of the violations was overwhelming and the licensees did not in the face of evidence, settle the case before trial. Jeanne E. Gorrissen, Deputy Attorney General, for petitioner (Irwin I. Kimmelman, Attorney General of New Jersey) Robert C. Auriemma, Esq., for respondent
Rule(s) Cited: 13:2-23.5 13:2-23.6 13:2-23.7 13:2-23.13 13:2-23.16 
Statute(s) Cited: 33:1-25 33:1-31