The Panda v. Driscoll
| Decision Date | 17 January 1947 |
| Docket Number | No. 38.,38. |
| Parties | THE PANDA v. DRISCOLL, Commissioner of Alcoholic Beverage Control. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Supreme Court.
Certiorari proceeding by The Panda, a corporation, to review an order of Alfred E. Driscoll, Commissioner of the State Department of Alcoholic Beverage Control of the State of New Jersey suspending for 15 days The Panda's plenary retail consumption license for the sale of alcoholic beverages issued by the City of Newark. From a judgment dismissing writ of certiorari and affirming the order, The Panda appeals.
Judgment affirmed.
Coult, Satz, Morse & Coult, of Newark (Joseph Coult, Jr., of Newark, of counsel), for appellant.
Walter D. VanRiper, Atty. Gen. (Thomas L. Hanson, of Newark, of counsel), for respondent.
This matter is before the Court on appeal from a judgment of the Supreme Court dismissing a writ of certiorari and affirming an order suspending the retail consumption license for the sale of alcoholic beverages of the appellant for a period of fifteen (15) days.
The Panda, a corporation, holds a plenary retail consumption license for the sale of alcoholic beverages, issued by the City of Newark for the premises No. 909 Frelinghusen Avenue, in that City. On or about February 4, 1946, an investigator for the Commissioner visited the premises for the purpose of making a routine inspection. He tested the open stock of liquor of which he seized one bottle of Schenley Reserve Whiskey, which appeared to him to be questionable. A chemical analysis of the contents of the seized bottle disclosed that it was not genuine Schenley Reserve Whiskey as labelled. The Panda was notified of a hearing before the Commissioner on a charge that it had violated the provisions of R.S. 33:1-50, N.J.S.A. in that it had possesed ‘alcoholic beverage not genuine as labelled.’ The foregoing facts were disclosed by testimony at a hearing on that charge and thereupon the Commissioner made the order under review, finding The Panda guilty of the charge and suspending its license for fifteen (15) days commencing at 2 o'clock A.M. April 25 and terminating at 2 A.M. May 10, 1946. The effect of the Order was stayed pending this appeal.
We conclude that the action of the Commissioner was justified; that the rule in State v. Cannizzaro, 133 N.J.L. 383, 44 A. 2d 354, relied upon by the appellant, has no application in this case, and that there was ample evidence to support the charge.
State v. Cannizzaro, supra, is...
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