STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Co-Sponsored by:
Assemblymen Green, Gusciora, Ramos, Assemblywoman Lampitt and Assemblyman Prieto
SYNOPSIS
Permits transcript or videotape of testimony before local issuing authority to be admissible in ABC appeal.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning alcoholic beverage licenses and supplementing chapter 1 of Title 33 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. In an appeal to the Director of the Division of Alcoholic Beverage Control regarding actions taken by a local issuing authority with respect to an alcoholic beverage license, a party shall be permitted to offer a properly authenticated video recording or transcript of testimony given by a witness at a proceeding before the local issuing authority in lieu of producing the witness at the hearing if:
a. The testimony was given under oath;
b. The testimony before the local issuing authority involved the same matter and;
c. All parties were present at the proceeding before the local issuing authority and were afforded a full opportunity to cross-examine the witness.
2. This act shall take effect immediately.
STATEMENT
This bill eliminates the need for a witness in an alcoholic beverage license case to testify twice regarding the same matter. The bill permits a properly authenticated video recording or transcript of testimony given at a proceeding before a local issuing authority to be admissible in an appeal hearing before the Director of the Division of Alcoholic Beverage Control if the testimony was given under oath, involved the same matter that is being appealed, and all parties were present at the prior hearing and had a full opportunity to cross examine the witness.