HomeMy Public PortalAboutr 15-146No. L51 Jul 2 2a
Date of Adoptio y. - �
RESOLUTION APPRDVLNG A PERSON -TO- PERSON TRANSFER OF A.B.C.
LICENSE NO. 1201 -33- 038 -005
NUNC- PRO -TUNC
WHEREAS, on December 18, 2014, pursuant to Resolution No. 14 -262 the Mayor and
Council of the Borough of Carteret, County of Middlesex, State of New Jersey,
(`Borough ") approved the Person -to- Person Transfer of Plenary Retail Consumption
License #1201 -33- 038 -005 ( "License ") from the Borough to Cosmopolitan at Carteret,
LLC ( "Cosmopolitan"); and
'WHEREAS, it was subsequently determined that, in order for the Borough to properly
consider and approve said transfer, a N.J.S.A. 33:1 -12.18 Special Ruling for the issuance
of a "new" license for failure to timely renew the above License for the 2013 -2014 &
2014 -2015 license terms was first required; and
'WHEREAS, a Verified Petition was filed with the New Jersey Division of Alcoholic
i Beverage Control for a Special Ruling requesting authorization for the Borough, as the
local issuing authority, to consider the renewal of the subject License for the 2013 -2014
& 2014 -2015 license terms pursuant to the provisions of N.J.S.A. 33: 1- 12.18; and
'WHEREAS, on May 29, 2015, the Director issued a Special Ruling in accordance with
said provisions so authorizing the Borough to consider an application for a "new"
License upon failure to timely renew the same for 2013 -2014 & 2014 -2015 license terms,
and to thereupon grant or deny said application in the reasonable exercise of its
discretion; and
WHEREAS, further, the Director's Special Ruling also granted requested relief
pursuant to N.J.S.A. 33:1- 1.2.39, authorizing the Borough to also consider an application
for renewal of the subject License for the 2015 -2016 license term, in its inactive state,
should the Borough act to approve the application for a new License pursuant to the relief
authorized by the Director in accordance with N.J.S.A. 33:1- 12.18; and
WHEREAS, the Borough has fully considered the applications for the aforementioned
relief authorized by the Director's Special Ruling and, herewith, has adopted a separate
resolution granting the same; and
WHEREAS, finally, the Director's Special Ruling provided that, should the Borough
grant the aforementioned relief as authorized, the Borough must then pass and adopt a
resolution transferring the License to Cosmopolitan nunc- pro -tune in compliance with the
date of the Director's Order and resolution granting the aforementioned relief which is
being adopted herewith on this date.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, by the Mayor and
Council of the Borough of Carteret, County of Middlesex, State of New Jersey, that
Plenary Retail Consumption License #1201 -33- 038 -005 as rendered in its "new" form be
and the same is hereby transferred to the applicant, Cosmopolitan at Carteret, LLC, none -
pro -rime in compliance with the Director's Order of May 29,2015 to sell alcoholic
beverages in conformity with the laws, statutes, rules and regulations of the State of New
Jersey and with the resolutions, ordinances, rules and regulations of the Borough of
Carteret relating to and concerning said License and to be held by it until said License
expires, unless sooner revoked.
No. ]5 146
PAGE 2
BE IT FURTHER RESOLVED, that the Municipal Clerk is hereby authorized and
directed to execute the endorsement of this Person -to- Person Transfer on behalf of the
Mayor and Council of the Borough of Carteret; and
BE IT FURTHER RESOLVED, that two (2) certified copies of this Resolution be sent
forthwith to the State of New Jersey, Department of Law & Public Safety, Division of
Alcoholic Beverage Control, Licensing Bureau, CN 087, Trenton, New Jersey 08625-
0087.
Adopted this 2nd day of July, 2015
amt certified as a true cop of the
origiral cn July 6, 2015.
KO ffiQ M. BARMY, Mt
Mxdcipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
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Adopted at a meeting of the b1"mi1114 COn11Ci1
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July 2, 20]5
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