HomeMy Public PortalAbout03-16JWe'Jaeutiolt_q�' Me a,'3e S3uwa, ecvttenet, Ivy
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ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION
LIQUOR LICENSE 1201 -33- 013 -013 / OLIVEH2AS DA SERRA STEAKHOUSE
WHEREAS, Oliveiras Da Serra Steakhouse II, Inc., t/a Oliveiras Da Serra Steakhouse,
1241 Roosevelt Avenue, Carteret, NJ 07008, ( "Oliveiras ", "Licensee" or "bar ") presently
holds a Plenary Retail Consumption Liquor License issued by the Borough of Carteret
( "Borough "), License Number 1201 -33 -013 -013; and
WHEREAS, the Borough, through the Office of ABC Counsel, has previously preferred
charges against Oliveiras for alleged conduct in violation of ABC regulations and
Borough Ordinance(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
arguments 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. Oliveiras possesses a Plenary Retail Consumption Liquor License issued by
the Borough of Carteret, License Number 1201 -33- 013 -013.
2. A plea of non -vult is being entered by 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
of N.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 Oliveiras pursuant to the issued Notice of
Hearing on Charges of Violations is hereby sustained.
2. The current violation represents a first offense for the same charge by the
same licensee.
NO. 03 °16
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3. Tire Plenary Retail Consumption License, License Number 1201 -33- 013 -013
issued by the Borough of Carteret to Olivehas, shall be suspended for a period
of five (5) days. ..
4. The five (5) day suspension period will be served on Monday for five (5)
consecutive weeks, beginning on Monday April 25, 2016. Additionally the
Licensee shall prominently display a 24" s 24" sign during the period of
closure that identifies that the Licensee is closed by Order of the Borough of
Carteret Alcohol Beverage Control Board. It is further 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 directed
to forward 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, 2016 and
certified as a true copy of the orlgirnl
on April 21, 2016.
RLCORD OI' VOTE
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Adopted at a meeting of the ABC
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Board Secretary
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