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State v. Boardwalk Regency Corp.

Decided: July 20, 1988.

STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF GAMING ENFORCEMENT, PETITIONER-RESPONDENT,
v.
BOARDWALK REGENCY CORPORATION, RESPONDENT-APPELLANT



On appeal from the New Jersey Casino Control Commission.

J. H. Coleman and O'Brien.

Per Curiam

[227 NJSuper Page 550] The Boardwalk Regency Corporation, the operator of Caesars Boardwalk Regency Hotel/Casino (Caesars) appeals from a decision of the Casino Control Commission (Commission) finding it violated N.J.S.A. 5:12-119(b) by allowing two underage

persons to gamble. Civil penalties totalling $2,000 were assessed. We now affirm.

I

On August 8, 1986 the Division of Gaming Enforcement (Division) filed a civil complaint with the Commission alleging that on two occasions Caesars had violated N.J.S.A. 5:12-119(b) by allowing two underage persons to gamble in the licensed Casino.*fn1 The Commission filed the civil complaint pursuant to N.J.S.A. 5:12-76a and b(4). Caesars filed a Notice of Defense to the charges and requested a hearing. The Commission transferred the matter to the Office of Administrative Law (OAL) as a contested case pursuant to N.J.S.A. 5:12-107. The matter was heard by Administrative Law Judge Lillard E. Law on stipulated facts.

The following facts were stipulated:

MR. LEVENSON: [Attorney for Caesars] Your Honor, Boardwalk Regency Corporation will stipulate that if the detectives from the Division of Gaming Enforcement were here to testify that they would testify as follows: Detective Higgins would testify that at 11:45 p.m. on July 11th, 1986, Joseph Saltarelli, S-A-L-T-O-R-E-L-L-I, -- . . .

MR. LEVENSON: Sorry. Yes. -- 19 years old was seen by Detective Higgins playing a 25-cent slot machine in Slot Zone B. Further, that Mr. Saltarelli [sic] told Detective Higgins that he, Saltarelli, [sic] gained entrance to the casino after the show, [David Copperfield Magician Show] through the escalator entrance. Regarding Paul Brennan --

JUDGE LAW: One moment, please.

MR. LEVENSON: Sorry.

JUDGE LAW: Paul J. Brennan?

MR. LEVENSON: Yes, sir.

JUDGE LAW: B-R-E-N-N-A-N.

MR. LEVENSON: The testimony would be that at 1:15 a.m. on July 12th, 1986, Mr. Brennan, 19 years of age, was at the gift shop area, which is outside and told the detective --

JUDGE LAW: Conversed with Higgins?

MR. LEVENSON: No. Detective Wurch, ...


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