HomeMy Public PortalAbout14-16No 14 -16
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ORDERING THE SUSPENSION OF PLENARY RETAIL CONSU?VIPTION
LIQUOR LICENSE 1201.32 -040 -0101 RISHVI, LLC
WHEREAS, Rishvi, LLC, concurrently Ua Nine Zone of Carteret and Plaza 12 Lounge,
835 Roosevelt Avenue, Carteret, NJ 07008, ( "Nine Zone ", "Plaza 12," "Licensee" or
"bar ") presently holds a Plenary Retail Consumption Liquor License issued by the
Borough of Carteret ( "Borough "), License Number 1201 -32- 040 -010; and
WHEREAS, the Borough, through the Office of ABC Counsel, has previously preferred
charges against Nine Zone 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 June 27, 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 cormsel, if any, the Board makes the following findings and conclusions:
FINDINGS AND CONCLUSIONS
I. Wine Zone possesses a Plenary Retail Consumption Liquor License issued by
the Borough of Carteret, License Number 1201 -32 -040 -010.
2. A plea of non -vult has been entered by the Licensee through counsel 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(a) and
Borough Ordinance 71 -18b.
3. The aforementioned sale or service of alcoholic beverages violates the
aforementioned statute and the charges 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(s) brought against Wine Zone pursuant to the issued Notice of
Hearing on Charges of Violations is hereby sustained.
2. The current violation represents a fast and second offense for the same charge
by the same Licensee, however the second offense having occurred prior to
the Licensee having received notice of the initial offense.
No. 14 -16
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3. The Plenary Retail Consumption License, License Number 1201 -32 -040 -010
issued by the Borough of C ar t ere t to Wine Zone, shall be suspended for a
period of ten (10) days for the combined violations.
4. The ten (10) day suspension period will be served on consecutive Mondays
and Tuesdays for five (5) consecutive weeks commencing on July 11. 2016.
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 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 shall serve a
certified copy of this Resolution Ordering the within Suspension upon
appearing counsel for the Licensee, John N. Spoganetz, Esq., via regular
mail.
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