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Deep Dev., LLC, T/A Red Circle Liquor v. Municipal Board of Alcoholic Beverage Control of the City of Camden

March 25, 2011

DEEP DEV., LLC, T/A RED CIRCLE LIQUOR, PETITIONER-APPELLANT,
v.
MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL OF THE CITY OF CAMDEN, RESPONDENT-RESPONDENT.



On appeal from the Department of Law and Public Safety, Division of Alcoholic Beverage Control, Docket No. 7499.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 14, 2011 -

Before Judges Lisa and Reisner.

Appellant, Deep Dev L.L.C., appeals from the June 30, 2010 final order of the Division of Alcoholic Beverage Control (ABC), affirming the April 5, 2010 initial decision of the Administrative Law Judge (ALJ), which had affirmed the order of the Municipal Board of Alcoholic Beverage Control of the City of Camden (Board) suspending appellant's plenary retail distribution license for fifteen days. The suspension has been stayed pending this appeal. Appellant presents the following arguments on appeal:

POINT I

PETITIONER WAS DENIED PROCEDURAL DUE PROCESS.

A. Petitioner was denied procedural due process where the attorney for the Board simultaneously prosecuted the charge and continued to provide legal advice to the Board.

B. Petitioner was denied due process by the unexplained delay in bringing the charge against petitioner.

C. Petitioner was denied due process where the specification of the charge did not comport with either the standard set forth in the administrative code provision or the culpable conduct as found by the administrative law judge.

POINT II

THERE WAS NO COMPETENT EVIDENCE TO SUPPORT THE CHARGE THAT PETITIONER SERVED A 'VISIBLY' INTOXICATED PATRON.

POINT III

THE DIRECTOR ERRED IN FAILING TO REOPEN THE HEARING FOR THE LIMITED PURPOSE OF ACCEPTING THE TRANSCRIPT FROM THE JUNE ...


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