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2 N.J.A.R. 92

Gaming Enforcement, Division of; D'Ascenso, Barbara A. Callabrese v
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Citation: 2 N.J.A.R. 92
Decision Date: 1980
Synopsis: Barbara A. Callabrese D'Ascenzo requested a hearing on her application for a license to work as a cocktail waitress in a casino hotel after the Division of Gaming Enforcement recommended denial of her application. The Division's recommendation was based on the petitioner's alleged association with career offenders and her failure to reveal facts material to her qualification for licensure. The adminstrative law judge found that, while the petitioner's relationship with her father and her romantic relationship with a former housemate did indeed constitute assoiciations with individuals who could be classified as career offenders within the meaning of N.J.S.A. 5:12-100n, these associations were of such a nature as to pose no appreciable threat to the proper functioning of legalized gambling. This was especially true since as a cocktail waitress, the petitioner could exert only a relatively slight degree of influence on the proper functioning of leagalized gambling. The judge found that the petitioner had had only infrequent and insignifcant contacts with her father and that her romantic involvement had been expressly conditioned on her housemate's cessation of criminal activity. As to the petitioner's failure to disclose her voluntary, unpaid work for her father's business, the adminstrative law judge found that the non- disclosure was inadvertent and did not demonstrate a conscious disregard for the regulatroy system. The judge found that the petitioner's failure to disclose the arrest and conviction of her former husband resulted from her ignorance of those events rather than a willful failure to disclose a material fact. Finding that the petitioner possessed the requisite attributes of good character, honesty and integrity, the administrative law judge concluded State of New Jersey 93 that the petitioner had sustained her affirmative burden of establishing her qualifications and ordered her licensure. Jack Edward Granzow, Esq. for Petitioner Howard M. Barman, Deputy Attorney General for Respondent (John J. Degnan, Attorney General of New Jersey, Attorney)
Statute(s) Cited: 5:12-86f 5:12-100n 5:17-91b