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HomeMy Public PortalAbout02-16J2Pcaeceti® -ez of the "e Xaw"I, ecutteta, JYy, No. 02 -16 Dale of Adoolio "Y l . 20 } 2D16 ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION . LIQUOR LICENSE 1201 -32- 012 -009 /LIQUOR SHOP WHEREAS, Sheenali, Inc., t/a Liquor Shop, 797 Roosevelt Avenue, Carteret, NJ 07008, ( "Liquor Shop ", "Licensee" or "bar ") presently holds a Plenary Retail Consumption Liquor License issued by the Borough of Carteret (`Borough "), License Number 1201- 32- 012 -009; and WHEREAS, the Borough, through the Office of ABC Counsel, has previously preferred charges against Liquor Shop for alleged conduct in violation of ABC regulations and Borough Ordurance(s) occurring on January 19, 2016; and WHEREAS, the Borough of Carteret Alcoholic Beverage Control Board (`Board ") convened to conduct a hearing on said charges on April 20, 2016, during which Board was available to receive evidence regarding said charges and, furthermore, to consider the argmnents of any legal counsel, representing the licensee and wishing to be heard; and WHEREAS, having considered any proffered testimony and evidence and the positions of legal counsel, if any, the Board makes the following findings and conclusions: FINDINGS AND CONCLUSIONS 1. Liquor Shop possesses a Plenary Retail Consumption Liquor License issued by the Borough of Carteret, License Number 1201 -32- 012 -009. 2. A plea of non -volt has been entered by counsel for the Licensee in response to an allegation that on January 19, 2016, the Licensee sold or served alcoholic beverages to a person under the legal age, but over the age of 18 in violation ofN.J.A.C. 13:2- 23.1(a) and Borough Ordinance 71 -18b. 3. The aforementioned sale or service of alcoholic beverages violates the aforementioned statute and the charges of the Borough set forth on the Notice of Hearing on Charges of Violations is hereby sustained against the licensee. NOW, THEREFORE, BE IT RESOLVED, by the Borough of Carteret Alcoholic Beverage Control Board sitting as the Local Alcohol Beverage Enforcement Authority, as follows: 1. That the charge brought against Liquor Shop pursuant to the issued Notice of Hearing our Charges of Violations is hereby sustained. 2. The current violation represents a first offense for the same charge by the same licensee. 3. The Plenary Retail Consumption Liquor License, License Number 1201- 32 -012- 009 issued by the Borough of Carteret to Liquor Shop, shall be suspended for a Period of three (3) days. No. 02- 16 PAGE-- 4. The three (3) day suspension period will be on Wednesday for three (3) consecutive weeks, commencing on Wednesday, April 27, 2016. Additionally the Licensee shall prominently display a 24" x 24" sign during (he period of closure that identifies that the Licensee is closed by Order of the Borough of Carteret Alcohol Beverage Control Board. It is filrther ordered that this Resolution shall serve as an official warning to the Licensee and placing the Licensee on notice that further transgressions will be dealt with in a much harsher fashion. 5. That the Secretary to the Alcohol Beverage Control Board is hereby d to serve a certified copy of this Resolution upon License or any legal counsel having entered an appearance on behalf of the Licensee. Adopted this 20th day of April,'1.016.and certified as a true copy of the original on April 2016. v MTII! EEN M. EARNEi', MC 0 RECORD OF VOTE Ado pted at a meetin of the ABC on Ant . 20T . 201. Board Secretary ing -. .D. R "VoIe N., Vc Ado pted at a meetin of the ABC on Ant . 20T . 201. Board Secretary ing -.