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2 N.J.A.R. 176

Marino, Patsy N. v. Gaming Enforcement, Division of
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Citation: 2 N.J.A.R. 176
Decision Date: 1980
Synopsis: In applying for a casino employee's license, the petitioner failed to disclose: a 1951 arrest for assault and battery; a 1953 arrest for atrocious assault and battery; a 1951 arrest for the disorderly person offense of using abusive language and assaulting his wife and a 1958 disorderly persons charge of using offensive language against a store owner. The petitioner testified that he did not intentionally omit the 1951 and 1953 assault and battery incidents, but rather had been relying on a list of arrests and convictions previously submitted to the Division of Alcoholic Beverage Control in a proceeding to remove his statutory disqualification from licensure in the alcoholic beverage industry. Testimony was offered that the petitioner did not think he had to disclose disorderly persons offenses which involved marital disputes. The administrative law judge found that the petitioner's failure to disclose any information concerning these arrests evidenced a careless disregard of the disclosure requirements of the Casino Control Act and reflected adversely upon the petitioner's good character, honesty and integrity. Further, the petitioner was convicted in 1954 and 1960 of bookmaking, which is a specifically enumerated automatic disqualifier for iicensure under the act. Based on the applicant's failure to provide a complete record of his arrests and convictions and on conflicting testimony offered at the hearing by the petitioner concerning his 1953 bookmaking activity, the administrative law judge concluded that the petitioner had failed to demonstrate rehabilitation sufficient to overcome this automatic disqualification, and thus the application for a license should be denied. Jay G. Destribats, Esq. for the Petitioner, (Destribats & Hamilton, State of New Jersey 177 Attorneys) Gary A. Ehrlich, Deputy Attorney General for Respondent (John J. Degnan, Attorney General, Attorney)
Statute(s) Cited: 5:12-1b(6) 5:12-86c