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07 -16
No. - Date of Adoptio Jure 27. 2016.
ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION LIQUOR
LICENSE 1201 -33 -044 -0071 BURGER EXPRESS OF ROOSEVELT, LLC
WHEREAS, Burger Express of Roosevelt, LLC, 11a Burger Express, 215 Roosevelt Avenue,
Carteret, NJ 07003, ( "Burger Express ", "Licensee" or "bar ") presently holds a Plenary Retail
Consumption Liquor License issued by the Borough of Carteret ( "Borough "), License Number
1201 -33- 044 -007; and
WHEREAS, the Borough, through the Office of ABC Counsel, has previously preferred charges
against Burger Express for alleged conduct in violation of ABC regulations and Borough
Ordinance(s) occurring on April 29, 2016; and
WHEREAS, the Borough of Carteret Alcoholic Beverage Control Bond (Board ") convened to
conduct a hearing on said charges on June 27, 2016, during which Bond 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 head; 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 ARID CONCLUSIONS
1. Burger Express possesses a Plenary Retail Consumption Liquor License issued by the
Borough of Carteret, License Number 1201 -33- 044007. ,
2. A plea of non -vult is being entered by the Licensee in response to an allegation that
on April 29, 2016 the Licensee sold or served alcoholic beverages to a person under
the legal age, but over the age of 13 in violation of N.J.A.C. 13:2- 23.1(a) and
Borough Ordinance 71 -13b.
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 Burger Express 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.
II
07 -16
NO.
PAOB 2 of 2
3. The Plenary Retail Consumption License, License Number 1201 -33- 044 -007 issued
by the Borough of Carteret to Burger Express, shall be suspended for a period of hvo
(2) days.
4. The two (2) day suspension period has been served on Sunday, June 19, 2016 and
Monday, June 20, 2016 consistent with the prior pleading on non -vult. Additionally
the Licensee prominently displayed a 24" x 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.
S. That the Secretary to the Alcohol Beverage Control Board is hereby directed to
£onward a certified copy of this Resolution upon the Licensee or any legal counsel
having entered an appearance on behalf of the Licensee.
Adopted this 27 day of June, 2016 and
certified as a true copy of the original
on June 28, 2016.
0
RECORD Or VOTE
KATHLEEN M. BARNEY, MMC
Municipal Clerk
Adopted at a meeting of the ABC Boa=
Board Secretary y �
X - Indicate Vote AO - Absent NY - Not YOtiq --
Q:riiel RP
ass Fai1
M
rar .Tares
KATHLEEN M. BARNEY, MMC
Municipal Clerk
Adopted at a meeting of the ABC Boa=
Board Secretary y �
X - Indicate Vote AO - Absent NY - Not YOtiq --