HomeMy Public PortalAbout06-16No. Ob-16
Date of
ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION
LIQUOR LICENSE 1201 -36 -064 -003 / LUCKY DUBLIN BAR
WHEREAS, Miter Holdings, LLC, t/a Lucky Dublin Bar, 30 Minue Street, Carteret, NJ
07008, ( "Lucky Dublin", "Licensee" or "bar ") presently holds a Plenary Retail
Consumption Liquor License issued by the Borough of Carteret ( "Borough "), License
Number 1201 -36 -064 -003; and
WHEREAS, the Borough, through the Office of ABC Counsel, has previously preferred
charges against Lucky Dublin for alleged conduct in violation of ABC regulations and
Borough Ordinance(s) occurring on January 19, 2016 and again on February 4, 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. Lucky Dublin possesses a Plenary Retail Consumption Liquor License issued
by the Borough of Carteret, License Number 1201 -36 -064 -003.
2. A plea of non -vult is being entered by the Board in response to an allegation
that on January 19, 2016 and again on February 4, 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(x) and Borough Ordinance 71 -18b. The
plea of non -vult is being entered as the Licensee failed to enter any plea to the
charges within the time permitted by law and up to the present date, and has
further failed to otherwise enter an appearance in this matter at the time of the
Hearing.
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 Lucky Dublin pursuant to the issued Notice of
Hearing on Charges of Violations is hereby sustained.
No. 06 -16
PAGE 2
2. The current violation represents a first and second offense.for the same charge
by the same Licensee.
3. The Plenary Retail Consumption License, License Number 1201 -36 -064 -003
issued by the Borough of Carteret to Lucky Dublin, shall be suspended for a
period of seven (7) days for the combined violations.
4. The seven (7) day suspension period will be served from May 22, 2016 to
May 28, 2016, inclusive. Additionally the Licensee shall prominently display
a 24" x 24" sign during the period of closure that identifies that the Licensee
is closed by Order of file 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 farther
transgressions will be dealt with in a much harsher fashion.
5. That the Borough of Carteret Police Department ABC Officer shall serve a
certified copy of this Resolution Ordering the within Suspension upon the
Licensee at the Licensed Premises and the Secretary to the Alcohol Beverage
Control Board is hereby directed to serve a certified copy of this Resolution
upon License via regular and certified mail.
Adopted this 20th day of April, 2016 and
certified as a true copy of the original
on April 21, 2016.
RECORD OP VOTE
on
Board Secretary
the ABC Boaid
X - Indicate Vole AD - Absent NV - Not Voting -'