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No. 15°148
Date of Adoptio J 2015
RESOLUTION APPROVING A PERSON -TO- PERSON TRANSFER OF A.B.C.
LICENSE NO. 1201 -33- 029 -007
NUNC- PRO -TUNC
WHEREAS, on December 18, 2014, pursuant to Resolution No. 14 -261, the Mayor and
Council of the Borough of Carteret, County of Middlesex, Slate of New Jersey,
(`Borough ") approved the Person -to- Person Transfer of Plenary Retail Consumption
License 41201 -33- 029 -007 ( "License ") from the Borough to Carteret Business
Partnership, Inc.; 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
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- 12.39, 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
WIIEREAS, the Borough has fully considered the applications for the at'oremenlioned
relief authorized by the D'irector's Special Ruling and, herewith, has adopted a separate
resolution granting the same; and
WHEREAS, finally, the D'irector'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 nune- pro -tunc 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- 029 -007 as rendered in its "new" form be
and the same is hereby transferred to the applicant, Carteret Business Partnership, Inc.,
nunc- pro -rime in compliance with the Director's Order of May 29, 2105, to sell alcoholic
beverages in conformity with the laws, statutes, rules and regulations of the State of New
NO.. 15-148
PAGE 2
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.
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 thisl3Ch day of July, 2015
and certified as a true copy of the
original on , 2015.
KATHLEEN M. BARNEY, RNSC /CMC
Municipal Clerk
RECORD OF COUNCIL VOTE
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Adopted at a meeting of the Municipal Council
July 13, 2015
CLERK