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12 N.J.A.R. 301

Gaming Enforcement, Division of v. Boardwalk Regency Corp
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Citation: 12 N.J.A.R. 301
Decision Date: 1987
Agency: CASINO CONTROL COMMISSION
Synopsis: The Division of Gaming Enforcement filed a complaint with the Casino Control Commission alleging that respondent allowed under- age persons to gamble in its casino, in violation of N.J.S.A. 5:12-119(a) and (b). Respondent requested a hearing and the matter was transmitted to the Office of Administrative Law. The administrative law judge assigned to the case found that there was no dispute as to the facts. Two nineteen-year-olds were arrested for gambling in respondent's casino. At issue was whether respondent 'allowed' the youths to gamble, within the meaning of the statute prohibiting gambling by minors. The administrative law judge con- cluded that because the statute was being applied in an administrative proceeding rather than a criminal forum, the criminal elements of proof were not necessary. The Division need only prove the violation by a preponderance of credible evidence. The judge concluded that there was sufficient evidence to find a violation and imposed a penalty of $2,000. Upon review, the Casino Control Commission adopted this initial decision but modified the date on which the penalty was to be paid. The Appellate Division affirmed. N.J.S.A. 5:12-119 creates strict liability when a casino allows an underage person to remain on the gaming floor. Katherine A. Smith, Deputy Attorney General, for petitioner (W. Cary Edwards, Attorney General of New Jersey, attorney) Lloyd D. Levenson, Esq., for respondent (Cooper, Perskie, April, Niedelman, Wagenheim and Weiss, attorneys)
Statute(s) Cited: 5:12-119(a) 5:12-119(b) 
Citation Tracker modified-Casino Cont. Com'n; affirmed -227 N.J. Super. 549 (App. Div. 1988) [Updated through 1991]