DAVIS v. NEW TOWN TAVERN


37 N.J. Super. 376 (1955)

117 A.2d 415

WILLIAM HOWE DAVIS, DIRECTOR, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, PLAINTIFF-RESPONDENT, v. NEW TOWN TAVERN, INC., A CORPORATION, T/A NEW TOWN TAVERN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 1955.


Attorney(s) appearing for the Case

Mr. Joseph Tomaselli argued the cause for defendant-appellant (Messrs. Malandra & Tomaselli, attorneys).

Mr. Samuel B. Helfand, Deputy Attorney-General, argued the cause for plaintiff-respondent (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

Before Judges CONFORD, SULLIVAN and KNIGHT.


The opinion of the court was delivered by CONFORD, J.A.D.

The appeal here is from imposition of penalty by the plaintiff upon defendant, holder of a license for sale of alcoholic beverages for consumption on the premises, by reason of alleged violation of regulations promulgated by the Director.

The first charge is that there was permitted upon the premises "lewdness and immoral activity," this constituted by a dance performance by a female entertainer. An...

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