HomeMy Public PortalAbout04-16iWe3aeutiart °f,= the Cl./`3e xaavarl, ecv[teftet, My,
No. - ( A-1 6 Date of Adoptio - T 120 20 16
ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION
LIQUOR LICENSE 1201 -33- 018 -002 / HOLIDAY INN
WHEREAS, Carteret Dining, LLC, t/a Holiday Inn, 1000 Roosevelt Avenue, Carteret,
NJ 07008, ( "Holiday Ind', "Licensee" or "bar ") presently holds a Plenary Retail
Consumption Liquor License issued by the Borough of Carteret (`Borough "), License
Number 1201 -33- 018 -002; and
WHEREAS, the BomSrgh, through the Office of ABC Counsel, has previously preferred
charges against Holiday Inn 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. Holiday Inn possesses a Plenary Retail Consumption License issued by the
Borough of Carteret, License Number 1201 -33 -018 -002.
2. A plea of non -vult was received by the Borough of Carteret 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 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 Holiday Inn 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.
3. The Plenary Retail Consumption Liquor License, License Number 1201 -33-
018 -002 issued by the Borough of Carteret to Holiday Inn, shall be suspended
for a period of three (3) days.
No. Oft -16
PAGE 2
4. The three (3) day suspension period will be served on September 3, 4, and 5
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 fonvard a certified copy of this Resolution upon License or any legal
counsel having entered an appearance on behalf of the Licensee.
RECORD OF VOTE
Adopted this 20th day of April, 2016 and
certified as a true copy of the original
on April 21, 2016.