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HomeMy Public PortalAboutr 15-148A olutiou of fly �30 oglj of (gtarterIA, �4a I 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 COUNCILMAN I YL$ NO NV A. B. COUNCILMAN V'ES . -MN— I X 7%�, DIAZ D11k�SCIO X X N4PhF� - X X - I I- � I - - -�. X - IndlemeVme A8 -Absem !NV- No[Wl"" XOR- Ind"am" V.1e to OvcrrWl Vedl Adopted at a meeting of the Municipal Council July 13, 2015 CLERK