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11 N.J.A.R. 478

H&H Wine and Spirit Shop, Inc. t/a Towne Liquors; Div0 of Alcoholic Beverage Control v
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Citation: 11 N.J.A.R. 478
Decision Date: 1986
Synopsis: Respondent was charged with selling alcoholic beverages to an underage individual and other violations. Respondent appealed and the matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case concluded that the petitioner failed to prove that respondent sold alcoholic beverages to an underage person. The agent who testified for the Division of Alcoholic Beverage Control was outside the premises at the time of the sale and did not hear the transaction. The agent observed the underage person go into the store with an adult and take beer from a display case. The clerk rang up the sale and the underage person left the premises with the beer. The administrative law judge ordered the charges against the respondent dismissed. Upon review, this initial decision was rejected by the Director of the Division of Alcoholic Beverage Control. Because an underage person carried alcoholic beverages from respondent's premises, there was sufficient evidence that the licensee suffered the delivery of al- coholic beverages to a person under the legal age, in violation of N.J.A.C. 13:2-23.1(a). Beyond this, the testimony of the Division agent sustained the finding that the licensee permitted a sale of al- coholic beverages to a person under the legal age. The administrative law judge placed too much weight on the fact that the agent was outside the premises and did not hear what was said at the time of sale. The agent's observations, along with the natural and probable inferences to be drawn therefrom, were sufficient on which to base State of New Jersey 479 a finding of guilt. Respondent's license was ordered suspended for a total of 17 days. The Appellate Division affirmed. Melissa Baggitt, Deputy Attorney General, for petitioner (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) James G. Lepis, Esq., for respondent (Lepis, Lepis & Curley, at- torneys)
Rule(s) Cited: 13:2-23.1(a) 
Citation Tracker rejected-Div. of A.B.C.; affirmed -216 N.J. Super 532 (App. Div. 1987) [Updated through 1991]