When the State Liquor Authority (“SLA”) commences an investigation, they can do so in one of many ways including: (a) on-site inspections; (b) on-site undercover investigations by SLA Investigators and other law enforcement agencies; (c) a review of reports and investigations by the police and regulatory agencies; and (d) speaking to witnesses and gathering evidence of suspected violations.
The information is then evaluated to see whether there is sufficient evidence to initiate charges against an establishment. If there is sufficient evidence, the SLA issues a Notice of Pleading that describes the violations that are being charged. It is at this point where the license holder enters a plea of not guilty, no-contest, or conditional no-contest.
If a plea of not guilty is entered, a hearing is scheduled at which both the establishment and the SLA can present evidence and witnesses in support of their case. The Administrative Law Judge will make findings based on the evidence presented and then present his or her findings to the Members of the Authority which makes the final determination.
If the establishment pleads no-contest, the case is sent directly to the Members of the Authority to determine a suitable penalty. When a conditional no-contest plea is entered, the establishment suggests a penalty and if the Members of the Authority accept the suggestion, the penalty is imposed. If not, the case is scheduled for an administrative hearing.
Penalties can include any of the following: License suspension, cancellation or revocation; a monetary penalty; bond forfeiture; or proscription (revocation plus a two-year ban against the issuance of a license to any part of the building containing the revoked licensed premises).
James D. DiPasquale, Attorney
DiPasquale Law Group