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In re Schneider

Decided: March 26, 1951.

IN THE MATTER OF THE APPEAL OF SAM SCHNEIDER FROM AN ORDER OF THE DIRECTOR OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DATED DECEMBER 27TH, 1950


McGeehan, Jayne, and Wm. J. Brennan, Jr. The opinion of the court was delivered by Jayne, J.A.D.

Jayne

[12 NJSuper Page 452] On December 27, 1950, the Director of the Division of Alcoholic Beverage Control suspended for the remainder of its term the plenary retail consumption license theretofore issued to the appellant for the premises known as the Ocean House at Toms River.

The formal charge from which the suspension of the license ensued was that:

"On June 21, 1950, and on divers dates prior thereto, you allowed, permitted and suffered lewdness and immoral activities in and upon your licensed premises, viz. , the renting of rooms for purposes of illicit sexual intercourse; in violation of Rule 5 of State Regulations No. 20."

The director stated, "I am satisfied that the ABC agents' testimony portrays a true picture of events which took place at the times in question."

We quote his summary of the testimony adduced at the hearing:

"An ABC agent testified that on Saturday, June 17, 1950, at 12:01 a.m., he and a fellow-agent visited defendant's licensed premises. The witness described the premises as follows: 'It is a large frame building operating as a hotel. They have rooms on the second and third floors and a package goods department in the front of it. Part of the building consists of a grocery store front and as you enter to the barroom, through a stairway, he has a large oval shaped bar.' The ABC agent testified that he entered into conversation with the defendant and inquired from him whether he and his companion might hire rooms as they had a 'couple of girls' and would 'like to use the rooms for an hour or so to have intercourse with them.' The defendant, according to the testimony of the witness, stated, 'I don't give a if you use it for an hour or a week as long as I get paid for the room,' and agreed to let them have rooms, each room's rent to be $5 per couple. In response to the agent's inquiry regarding baggage, the defendant said, 'No, you don't need any baggage, you register as "Mr. and Mrs."' The agent testified that he told the defendant that the girls were not there, but he would let him know when he needed a room.

The witness further testified that the agent who accompanied him on June 17, 1950, and three other ABC agents arrived in the vicinity of defendant's licensed premises on Wednesday night, June 21, 1950. The witness testified that he and the agent who had accompanied him on the previous occasion entered the premises together at 9:30 p.m. They took positions at the bar near one of the other agents who had preceded them into the premises and thereupon again engaged in conversation with the defendant. The witness testified that he told the licensee that they would like to hire a couple of rooms as they brought a couple of girls, married women, and would want the room for about an hour for the purpose of engaging in sexual intercourse. The licensee reassured the agents that it was not necessary

that they have baggage. The licensee thereupon spoke to his wife and the latter approached the agents, saying, 'Sam told me you fellows want to rent a couple of rooms.'

The wife, subsequently identified as Rose Schneider, led the two agents to the second floor and showed them two rooms, Nos. 11 and 12, which the agents agreed to hire. Each agent thereupon signed the register -- one as Mr. and Mrs. Frank Arthur and the other as Mr. and Mrs. Warner. Upon inquiry by Mrs. Schneider as to 'Where are the women?,' the agent answered, 'Well, they are two married women; they don't want to come here in the hotel with us because they are afraid of getting into trouble.' Mrs. Schneider then said, according to the agent's testimony, 'These girls don't come from Toms River?' 'No, they are not from Toms River,' the agent replied. Mrs. Schneider then said, 'That's good, I don't want to get into trouble with anybody if they know what is going on around here.' Each agent paid Rose Schneider $5 for the respective rooms, the numbers of the money being used therefor having previously been noted. The agents then ordered a bottle of wine and four glasses, all of which were brought to them by Rose Schneider, for which payment to her in the amount of $1 was made. The agent testified that Mrs. Schneider, when leaving the room, said, 'Have a good time, boys.'"

In our examination of the transcript of the evidence we note significantly the answers of the appellant ...


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