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2 N.J.A.R. 238

Queen City Lounge, Inc. v. Plainfield, Common Council of the City of
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Citation: 2 N.J.A.R. 238
Decision Date: 1979
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: Appellant contends that the Council's revocation of its Plenary Retail Consumption License, was arbitrary, capricious and not consistent wlth the evidence presented. During the de novo administrative hearing, the City's civilian and police witnesses described the loitering and traffic in front of the licensed premises at varying hours of the day and night, as well as, activities that ranged from gambling and harassment to narcotics offenses. In addition, evidence was presented that an April 1, 1978 order of the Alcoholic Beverage Control Commission, which required the licensee to provide a uniformed professional security guard, had not been complied with since September 5, 1978. The administrative law judge found that a licensee's responsibility to maintain his premises includes not only responsibility for the conduct of the licensee, but also conditions inside and outside the premises caused by the licensee's patrons which would render the continuance of the tavern in its present location a public nuisance. Thus, the evidence in the record supports the revocation of the license. Joseph A. Ferrante, Esq., for Appellant David Rothberg, Esq., for Respondent (Sachar, Bernstein, Rothberg, Sikora and Mangello, Attorneys)