The URL can be used to link to this page

Home My Public Portal About06-27-16June 27, 2016 A meeting of the ABC Board of the Borough of Carteret was called to ABC Board Meeting order by Mayor Daniel J. Reiman, on Monday, June 27, 2016, 4:00 P.M., Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon Individual Roll Call Vote the following were noted present: Noted Present Mayor Daniel J. Reiman Commissioner James Failace Commissioner Frank James, Jr. Also noted present was ABC Board Attorney Robert Bergen and ABC Also Noted Present Board secretary Municipal Clerk, Kathleen M. Barney and ABC Prosecutor Glenn Slavin. The meeting was opened with a minute of Silent Prayer and the Pledge Silent Prayer/Pledge of of Allegiance led by Mayor Daniel J. Reiman. AUegiarr_e The Notice of today's meeting was sent to The Home News Tribune and Statemnt of Meeting Notice The Star Ledger and posted on the Bulletin Board on June 21, 2016 and notice was published in The Home News Tribune on June 23, 2016. The Purpose of the meeting was to take action regarding various liquor Purpose of Weting licenses, liquor license renewals and any other business that may come before the Board. Upon MMS &C by Commissioner Failace and Commissioner lames, Jr. the Open to Public- meeting was opened to the public. Upon MMS &C by Commissioner Failace and Commissioner James, Jr. the Closed to Public meeting was closed to the public. Mayor Reiman addressed Attorney Slavin in reference to Resolution G -1. Carments This is a Resolution Ordering the Suspension of Plenary Retail Consumption Liquor License 711201 -33- 044 -007/ Burger Express. 11 June 27, 2016 Attorney Stavin pleaded guilty to the charges. Burger Express was able to RE: Binger Express remain open for food but forbidden from selling alcohol. Liquor License Mayor Reiman said they had discussed this at the last meeting but there were some details that had to be worked out. Attorney Stavin said they had to display a sign in their premises indicating that the selling or serving of alcohol was prohibited by order of the Carteret ABC. Ms. Barney was helpful with the signage and everything else. Mayor Reiman referred to #08 -16, renewing various liquor licenses and Discussion asked the Clerk if everything was in order. She said yes. He asked if the clubs were in order also. She said yes. The Mayor asked if the two (2) clubs that missed our mandatory ABC hearing attended the New Brunswick hearing. The Clerk said they both paid the fee. The Mayor read the resolutions. Re: Rishvi Irr, Attorney Stavin said in reference to #14 -16, this is the liquor license in the name of Rishvi, Inc. operating at 835 Roosevelt Avenue. It has packaged goods component which we know as Wine Zone and it also has bar sales and services known as Plaza 12. They operate under the same license and same premise. There were several violations for underage service. The violation for the packaged goods and bar were all in the same twenty- four (24) hour period in one (1) and all the same twenty -four period in the second (2) case. The law tells us that although there seems to be four (4) transactions, we treat them as two (2). Mayor Reiman told them that this was a sworn Police Officer who was twenty (20) at the time. 2 Jure 27, 2016 Attorney Slavin said that because there were some complex issues, he spoke with Attorney Spoganetz. The licensee is prepared to make their Guilty plea to the offense of January 19, 2016 and they will be sentenced Re: Guilty Plea as a first offender but the agreed upon sentence is stronger than it would be for other licensees because of the complexity ... (inaudible). There is an agreement between himself and Mr. Spoganetz that they will be closed for a period of ten (10) days, a Monday and Tuesday for five (5) straight weeks commencing on July 11, 2016. They will their establishment for both packaged goods sales and the service of alcohol and put appropriate signage that they are closed by order of the ABC Board, Attorney Spoganetz said he is representing Rishvi, LLC. The license holder Attorney Spcgaetz runs the business by himself. It's a family owned business. Unfortunately, when the police officer came in, in January, he went to the bar and saw the employee and went to the packaged goods and saw the employee. In February, the license holder didn't know what happened in January. He went back to the same employees. So they made a mistake the first time and they make the mistake the second time. When he got notice of the mistakes made by the Police Department, he went and talked to the people and had terminated both of them. This is the first offense he's ever had since he owns the business. The penalty is severe. Unfortunately, he didn't have notice of the incident in January until he got notice in February when he corrected it. They paid the fine in the Municipal Court also. He wants to get this over with and move forward. He would appreciate it if the members of the Board ... (inaudible) ... the resolution that was worked out with Mr. Slavin. Commissioner Failace stated if it was correct that he wasn't notified of Cannissioner Failace the first offense until after the second offense in February. Attorney Spoganetz said yes. He spoke but was inaudible. He said that after the charges were levied is when he was told. Mayor Reiman said that we've had other instances with the same Officer "Sting" Operation in the same sting operation. He asked Attorney Slavin if there was a delay in the mail going out. Attorney Slavin said there were approximately fourteen (14) operations. In each case, there is a two -fold charging process. We charge the June 27, 2016 employee with a Municipal Court violation for violating the Borough (continued) Ordinance. We charge the licensee with a violation of the liquor laws here. Typically, it's prudent practice, to make sure you don't impair the integrity of the Municipal Court operation you let them get charged first and you charge the licensee later. It was really out of an abundance of caution. Re: Violations of Mayor Reiman said the Municipal Ordinance violations had been issued Municipal. Ordinance against the individuals who actually sold. Attorney Slavin said immediately. Mayor Reiman continued to say that the ABC charges simply hadn't been filed. The employees were well aware. Attorney Slavin they were. No questions. Mayor Reiman said the owner was aware just not formally as an ABC charge. Re: Terndnaticn of Attorney Bergen said he assumes that is why the employees were EMloyees terminated, because they didn't notify the owner that they received summonses. Mayor Reiman said the proposal is for the settlement is ten (10) days, five (5) consecutive Mondays and Tuesdays starting July 11, 2016. He asked if these are consolidated into one (1) charge. Attorney Slavin said yes. Board to Approve Transfer Attorney Bergen asked the Board to approve the transfer of Such's Such's license toEora# license to the Borough pursuant to the redevelopment statute that allows of Carteret municipalities to take these licenses and hold them for a period of five (5) years and then re -issue them so they are not lost as part of the redevelopment project. Mayor Reiman said this will be resolution #9 -16. Attorney Bergen said he wants a separate resolution to approve that transfer when all the paperwork is done. 4 June 27, 2016 Mayor Reiman said it will transfer from Such's, LLC to the Borough of Carteret. Discussion Conti.rued Attorney Bergen said when all of the paperwork ultimately gets done. It could wait until the next meeting but might be easier to get it off the agenda right now, now that Such's has the Special Ruling done. He asked Attorney Slavin if all the contract work is waiting for approvals. Attorney Slavin said yes. RESOLUTIONS — 1. 907 -16 Ordering Suspension of Plenary Retail Consumption Liquor License #1201 -33- 044 -007/ Burger Express. 2. #08 -16 Directing the Issuance of Various Liquor Licenses for the 2016 -2017 License Term. 3. #09 -16 Approving the Renewal of Liquor License #1201-33- 043 -002 held by Such's, Inc. Pursuant to Special Ruling. 4. #10 -16 Approving the Renewal of Liquor License #1201 -33- 032 -013 held by Patel Padem Pursuance to Special Ruling. 5. #11 -16 Approving the Renewal of Liquor License #1201 -33- 008 -006 held by Jason Kaplan Pursuant to Special Ruling. 6. #12 -16 Approving the Renewal of Liquor License #1201 -44- 034 -009 held by Jason Kaplan Pursuant to Special Ruling. 7. #13 -16 Approving the Renewal of Liquor License #1201 -33- 061 -012 held by 800 Blair Road, LLC Pursuant to Special Ruling. 8. #14 -16 Ordering Suspension of Plenary Retail Consumption Liquor License #1201 -32- 040 - 010 /Rishvi, LLC, t/a Wine Zone. 9. #15 -16 Approving Transfer of Liquor License #1201- 33 -043- 002 held by Such's LLC to the Borough of Carteret, Pursuant to Special Ruling. Resolutions CONSENT AGENDA Consent Agerfla Upon MMS &C by Commissioner James and Commissioner Failace Jsie 27,2016 Resolution 407 -16 " Suspension of Liquor License /Forger Fxpress" Resolution #08 "Issuxre of Various Liquor Licenses 2016- 2017 Temt' Resolution #09-166 "Approval of Rem B1 Liquor License held by Sub's, Im. Resolution #10-16 "Approving liquor License Held Ly Patel Faded' Resolution #11 -16 "AppLVVi-rg Liquor License held by J. Kaplan" (006) Resolution #12 -16 "Apprv�Liquor License held by J. Kaplan" (OD9) Resolution #13 -16 "Approving Liquor License Held by 8CO Blair Rd." Resolution #14 -16 "Order of Suspension Liquor License RiAwiL1C t/a wine Zorz" Resolution #15-16 "Approval of Liquor License Such's LLC to theBomigh of Carteret" RESOLUTION #07 -16 "ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE #1201 -33- 044 - 007 /BURGER EXPRESS" RESOLUTION #08 -16 "DIRECTING THE ISSUANCE OF VARIOUS LIQUOR LICENSES FOR THE 2016/2017 LICENSE TERM" RESOLUTION 909 -16 "APPROVING THE RENEWAL OF LIQUOR LICENSE #1201 -33- 043 -002 HELD BY SUCH'S INC." RESOLUTION 410 -16 "APPROVING THE RENEWAL OF LIQUOR LICENSE #1201 -33- 032 -013 HELD BY PATEL PADEM PURSUANT TO SPECIAL RULING" RESOLUTION #11 -16 "APPROVING THE RENEWAL OF LIQUOR LICENSE #1201 -33- 008 -006 HELD BY JASON KAPLAN PURSUANT TO SPECIAL RULING" RESOLUTION #12 -16 "APPROVING THE RENEWAL OF LIQUOR LICENSE #1201 -44- 034 -009 HELD BY JASON KAPLAN PURSUANT TO SPECIAL RULING" RESOLUTION #13 -16 "APPROVING THE RENEWAL OF LIQUOR LICENSE #1201 - 061 -012 HELD BY 800 BLAIR ROAD, LLC PURSUANT TO SPECIAL RULING" RESOLUTION #14 -16 "ORDERING SUSPENSION OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE #1201 -32- 040- 010 /RISHVI, LLC t/a WINE ZONE" RESOLUTION #15 -16 "APPROVAL OF TRANSFER OF LIQUOR LICENSE #1201 -33- 043 -002, SUCH'S LLC TO THE BOROUGH OF CARTERET' Jura 27,2010 were adopted. Upon individual roll call vote, Mayor Reiman, Were Adopted Commissioner James and Commissioner Failace voted in the affirmative. After no further business, upon MMS &C by Commissioner James and Adjourned Commissioner Failace the meeting was adjourned at approximately 4:18 P.M. Respectfully submitted, "czt zsu KATHLEEN M. BARNEY, MMC Board Secretary M 7 June 27, 2016