determining that the RCOA did not apply to licenses issued under the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 to -97
How later courts described this case
- determining that the RCOA did not apply to licenses issued under the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 to -97
- holding the law enforcement exemption applies to the Division of Alcoholic Beverage Control
- Division of Alcoholic Beverage Control, a state agency, as a law en- forcement agency
- "The liquor business, because of its susceptibility to inherent evils, has always been dealt with as a subject apart."
Written by the judges who cited it.
The opinion
Pashman, J.,
concurring and dissenting. I concur fully in the opinion of the majority except insofar as it holds that the Rehabilitated Convicted Offenders Act (RCOA), N. J. S. A. 2AA68A-1 el seq., does not apply to licensing decisions of the Division of Alcoholic Beverage Control (ABC). On that issue, I respectfully dissent for substantially the reasons stated by Judge Pressler writing for the Appellate Division. In re Disciplinary Proceedings Against O. Schmidt & Sons, Inc., 158 N. J. Super. 595 (App. Div. 1978). Although the majority’s contention that the ABC fits within the statutory exemption for law enforcement agencies is not without considerable appeal, on balance I believe that the remedial nature of RCOA dictates its application absent a clear expression of legislative intent to the contrary.
I would therefore remand this matter to the ABC for further proceedings consistent with the provisions of the RCOA.
*358 For affirmance in part and reversal in part — Chief Justice Hughes and Justices Mountain, Sullivan, Clifford, Schreiber and Handler — 6.
For affirmance in part and remandment — Justice Pash-man — 1.