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HomeMy Public PortalAbout04-20-16April 20, 2016 ABC Meeting A meeting of the ABC Board of the Borough of Carteret was called to order by Mayor Daniel J. Reiman, on Wednesday, April 20, 2016, 11:15 A.M., Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon Individual Roll Call the following were noted present: Mayor Daniel J. Reiman Commissioner Frank James Jr. Noted Absent was Commissioner James Failace. Roll Call Noted Absent Also noted present was ABC Board and Law Director Robert Bergen and ABC Board secretary and Municipal Clerk, Kathleen M. Also noted present Barney. The meeting was opened with a minute of silent prayer and the Pledge of Allegiance led by Mayor Daniel J. Reiman. Silent Prayer and Pledge of Allegiance The Notice of today's meeting was sent to The Home News Tribune and the Star Ledger and posted on the Bulletin Board on Statement April 14, 2016 and notice was published in The Home News of Meeting Notice Tribune on April 16, 2016. 1 April 20, 2016 ABC Meeting (continued) Purpose of the Meeting The purpose of the meeting was to take action regarding charges against various liquor licenses. Discussion Attorney Bergen said we have charges that were issued against the Wine Zone, as we know them and Plaza 12 Lounge. The charges were for serving underage drinkers, over the age of eighteen (18) but under the age of twenty -one (21) on the days of January 19 and February 4 As per discussion with the ABC Prosecutor and Attorney Spoganetz, who represents the defendants, there is a need for more Discovery so these two (2) matters are going to be held over for another date. Mayor Reiman said it is G4 on the Agenda. Attorney Bergen said in regard to Mr. Spoganetz, representing both Star Liquors and the Liquor Shop, the charges are the same but for only the date of January 19 Both establishments made sales to someone over the age of 18 but under the age of 21. This is the first offense for these two (2) establishments and they have entered through their attorney a plea of non -vult, meaning they don't contest the charges. For the first offense it is generally the policy of the board to issue a three (3) day suspension and they are looking for consecutive week days. Star Liquors is looking for Mondays and Liquor Shop is looking for Wednesday; that would be up to the Board. Attorney Bergen then went on to speak about the other charge issued to the Holiday Inn, whose charge is on January 19 they served someone over the age of eighteen (18) but under the age of twenty -one (21). He said they have entered a plea of non -vult and this is their first charge for that and again it is up to the determination of the Board if they want to give consecutive days of the week. He said they requested consecutive Sundays. 2 April 20, 2016 ABC Meeting (continued) Attorney Bergen then went on to speak about Oliverias, which is for two (2) instances, one on January 19 and the other on February 4 They served someone over the age of eighteen (18) but under the age of twenty -one (21). He said the plea is non -vult and told the Board it is their determination of what suspension they would want to issue. Attorney Bergen said the last one is Lucky Dublin, with two charges on January 19 and February 4 th for serving someone over the age of eighteen (18) but under the age of twenty -one (21). He said they have not entered any appearance and are not present today so it is the board's prerogative. He said they can issue a willative non -vult and issue whatever penalty they want. Mayor Reiman asked Attorney Bergen if all of the criminal components have been adjudicated in Municipal Court. Attorney Bergen said he was not sure if they had all been finalized in terms of the individual municipal complaints but that would be up to the Board. Mayor Reiman said the only other one was the trial on Wine Zone and Plaza 12 and then asked if Attorney Spoganetz is representing them as well. Attorney Bergen said yes, Mr. Spoganetz is requesting an adjournment, he needs more Discovery and he confirmed that with the prosecutor and said he doesn't have one of the reports from one of the police officers. Mayor Reiman asked for a motion to open the meeting to the public. Upon MMS &C by Mayor Reiman and Commissioner James and Meeting Open to Public affirmative vote of the members present, the meeting was opened to the public. 3 April 20, 2016 ABC Meeting (continued) Discussion Kathleen Falkiewicz, General Manager of the Holiday Inn, asked if the Holiday Inn could be closed for three (3) consecutive Sundays because of the nature of the business. Mayor Reiman said they would take that into consideration and the Board would take a look at the number of instances. He said these are the most recent instances and asked Municipal Clerk Kathleen Barney and Law Director Robert Bergen if any of them had problems in the past. Mr. Bergen answered not to his knowledge and said he did not see anything in the file. Mayor Reiman said this is not the first time that we had a police officer under the age of 21 do these ABC checks, and commented that none of the establishments here today have been found guilty in the past for serving to underage people. John Spoganetz Esq. then spoke representing Sheenali Inc., t/a Liquor Shop. He said they have been in business about twenty (20) years in that location and this is their first offense. He said they requested consecutive Wednesdays to be closed. He went on to PSVH, Inc. t/a Star Liquors, who he was representing. He explained they have been in business there about ten (10) years, owned by Mr. Patel and they never had a violation before. He explained that Mr. Patel was in India but he had written a letter and it said he understood the seriousness of the charges and he was sorry he could not be present and asked for their consideration and apologized for the mistake that he committed and hoped that a compromise can be reached. He said he had been busy with contractors that day and did not do his business. He said Sheenali was busy with deliveries that day. Mayor Reiman said he did not think anyone willingly sold, but obviously all of these are serious concerns and you can see from the number of licenses that were checked. He said the vast 4 April 20, 2016 ABC Meeting (continued) majority of those that hold licenses actually sold to an underage individual. Mr. Spoganetz said Mr. Patel from Star Liquors is asking for consecutive Mondays. He said for the Wine Zone, which is he also representing, he still has no paperwork. Mayor Reiman asked if they are waiting for paperwork from the ABC Board or from the Police Department. Mr. Spoganetz said from the Police Department and he will let them know when he gets it so they can schedule a meeting. Mr. Bergen said there was a sale at the bar and a sale at the outer part and they did not have the police report from the sale at the bar. Mr. Spoganetz said the mayor was right, that no one wants to intentionally sell alcohol to a minor. He said in this case the police officer was two (2) months shy of his 21st birthday and that is what it appears to be from the Sheriff's Office so that is a mistake made. He then thanked them for their time. Upon MMS &C by Mayor Reiman and Commissioner James and Meeting Closed unanimous affirmative vote of the members present, the meeting was Closed to the Public. Mayor Reiman then moved to go into a Closed Session to discuss Motion Closed Session the suspension penalties against various liquor licenses. 5 April 20, 2016 ABC Meeting (continued) Closed Session Resolution Upon MMS &C by Mayor Reiman and Commissioner James "RESOLUTION #01 -16 RESOLUTION TO GO INTO CLOSED SESSION" Adopted was Adopted. Upon Individual Roll Call Vote, Mayor Reiman and Commissioner James voted in the affirmative. Commissioner Failace was noted Absent. Closed Session At approximately 11:25 a.m. a Closed Session was held. Meeting Open At approximately 11:40 a.m. the meeting was re- opened upon MMS &C by Mayor Reiman and Commissioner James and unanimous affirmative vote of the members present. Roll Call Upon Individual Roll Call the following were noted present: Mayor Daniel J. Reiman Commissioner Frank. James, Jr. Noted Absent Noted Absent was Commissioner James Failace. Also Noted Present Also noted present were ABC Board Law Director, Roberti. Bergen and ABC Board Secretary Kathleen M. Barney. Discussion Mayor Reiman referred over to Attorney Bergen about the first charge for Sheenali Inc., t/a Liquor Shop which is G1 on our Agenda, the Board has agreed on a three (3) day suspension of consecutive Wednesdays starting on April 27 then May 4 th and May 11 He said, in addition, the establishment will post a 2X2 foot sign, which the ABC Board will prepare, identifying that the R April 20, 2016 ABC Meeting (continued) establishment is closed for the day due to serving an underage minor. Mayor Reiman went on to G2, Oliveiras, the ABC Board has agreed to a five (5) day suspension on consecutive Mondays, which will be April 25 May 2" May 9 May 16 and May 23 He said they will have a 2X2 foot sign which the board will provide to the establishment. Mayor Reiman went on to G3, Carteret Dining LLC, t/a the Holiday Inn. He said they entered a plea of non -vult, and the Board has agreed on a three (3) day suspension. May29 May 30 and May 31 consecutive weekend and they also will have a sign prepared. Kathleen Falkiewicz, the General Manager of Holiday Inn asked if that could be done around Labor Day. Mayor Reiman said we were under the impression that the agreement was around Memorial Day. He said they will hold off on this for further discussion. Mayor Reiman said G4, Rishvi, LLC t/a Wine Zone & Plaza 12 Lounge are being held pending the police information. Mayor Reiman said G5, PSVH, Inc. t/a Star Liquors will be closed three (3) consecutive Mondays, which was the offer accepted by the prosecutor and the Board and the dates are May 2nd May 9 th and May 16 Mayor Reiman said G6, which is Muer Holdings LLC t/a Lucky Dublin sent in no letter of representation but the Board put in a plea of non -vult and we are ordering the ABC License to be suspended for seven (7) consecutive days from May 22 through May 28 th II April 20, 2016 ABC Meeting (continued) Mayor Reiman asked the Municipal Clerk to get the language drafted with regard to the signs and then send them to get printed. Resolutions RESOLUTIONS: 1. #02 -16 Ordering the Suspension of Plenary Retail Consumption Liquor License 1201 -32- 012 -009/ Liquor Shop. 2. #03 -16 Ordering the Suspension of Plenary Retail Consumption Liquor License 1201 -33- 013 -013/ Oliveiras Da Serra Steakhouse. 3. #04 -16 Ordering the Suspension of Plenary Retail Consumption Liquor License 1201 -33- 018 -002/ Holiday Inn. 4. #05 -16 Ordering the Suspension of Plenary Retail Distribution Liquor License 1202 -44- 041 - 006 /Star Liquors. 5. #06 -16 Ordering the Suspension of Plenary Retail Consumption Liquor License 1201 -36- 064 - 003 /Lucky Dublin Bar. Mayor Reiman said formal resolutions will be adopted and signed and set down properly within a day or so and he told the Clerk to get the language drafted with regard to the signs and deal with the sign printer for those establishments. Consent Agenda CONSENT AGENDA: Upon MMS &C by Mayor Reiman and Commissioner James RESOLUTION #02 -16 Resolution #02 -16 "ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION Suspension of License LIQUOR LICENSE 1201 -32- 012 - 009 /LIQUOR SHOP" #1201 -32- 012 -009 Liquor Shop 14 APRIL 20, 2016 ABC MEETING (continued) Resolution #03 -16 RESOLUTION #03 -16 Suspension of License "ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION #1201 -33 -013 LIQUOR LICENSE 1201 -33- 013 -013/ OLIVERIAS DA SERRA Olivers Da Serra Steakhouse STEAKHOUSE" RESOLUTION #05 -16 Resolution #05 -16 "ORDERING THE SUSPENSION OF PLENARY RETAIL DISTRIBUTION Suspension of License LIQUOR LICENSE 1201 -44- 041 - 006 /STAR LIQUORS" #1201 -44- 041 -006 Star Liquors RESOLUTION #06 -16 "ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION Resolution #06 -16 LIQUOR LICENSE 1201 -36- 064 - 003 /LUCKY DUBLIN BAR" Suspension of License #1201 -36- 064 -003 were Adopted. Upon Individual Roll Call Vote, Mayor Reiman and Lucky Dublin Bar Commissioner James voted in the affirmative. Commissioner Failace was noted Absent. Adopted Resolution #04 -16 was being held from the Consent Agenda for discussion. Mayor Reiman asked Kathleen Falkiewicz, the General Manager of Discussion regarding the Holiday Inn if she had a banquet on Memorial Day weekend. Holiday Inn License Ms. Falkiewicz explained that she had some functions on that weekend. Mayor Reiman commented that Labor Day weekend would be less intrusive for her. Ms. Falkiewicz said she did not have anything scheduled for that weekend. Mayor Reiman said obviously the intent is that there has to be a penalty and asked Ms. Falkiewicz if her banquet business and IeJ April 20, 2016 ABC Meeting (continued) hotel business around the Labor Day weekend is busier on Friday and Saturday versus Monday. Ms. Falkiewicz said it would be busier on a Saturday. Mayor Reiman said they would look at September 4 tn , 5th and 6th, which would be a Sunday, Monday and Tuesday. Ms. Falkiewicz said the 3 4 and 5 would be okay. Mayor Reiman then agreed to September 4th, 5th, and 6 three (3) consecutive days. Upon MMS &C by Mayor Reiman and Commissioner James Resolution #04 -16 Suspension of License RESOLUTION #04 -16 #1201 -33- 018 -002 "ORDERING THE SUSPENSION OF PLENARY RETAIL CONSUMPTION Holiday Inn LIQUOR LICENSE 1201 -33- 018 - 002 /HOLIDAY INN" was Adopted. Upon Individual Roll Call Vote, Mayor Reiman and Adopted Commissioner James voted in the affirmative. Commissioner Failace was noted Absent. After no further business or discussion, upon MMS &C by Mayor Adjourned Reiman and Commissioner James and unanimous affirmative of the members present, the meeting was Adjourned at approximately 11:55 a.m. Respectfully submitted, 'KAf HLEEN M. BARNEY, MMC Board Secretary KMB /Ir 10