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No. _ 01 -19
Date of Adoptio January 28, 201
ORDERING THE SUSPENSION Or PLENARY RETAIL DISTRIBUTION
LIQUOR LICENSE 1201 -32- 012 -010 / LIQUOR SHOP
WHEREAS, PHB Liquor, LLC, t/a Liquor Shop, 787 Roosevelt Avenue, Carteret, NJ
07008, ( "Liquor Shop ", "Licensee" or "bar ") presently holds a Plenary Retail
Distribution Liquor License issued by the Borough of Carteret ( "Borough "), License
Number 1201 -32- 012 -010; and
WHEREAS, the Borough, through the Office of ABC Counsel, has previously preferred
charges against Liquor Shop for alleged conduct in violation of ABC regulations and
Borough Ordinance(s) occurring on December 12, 2018; and
WHEREAS, the Borough of Carteret Alcoholic Beverage Control Board (`Board ")
convened to conduct a hearing on said charges on January 28, 2019, 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. Liquor Shop possesses a Plenary Retail Distribution Liquor License issued by
the Borough of Carteret, License Number 1201 -32- 012 -010.
2. A plea of guilty was ultimately received by the Office of ABC Counsel in
response to an allegation that on December 12, 2018, the licensee sold or
served alcoholic beverages to a person under the legal age, but over the age of
18 in violation ofN.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 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 Liquor Shop 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.
3. The Plenary Retail Distribution Liquor License, License Number 1201 -32-
012 -010 issued by the Borough of Carteret to Liquor Shop, shall be suspended
for a period of eight (8) days.
NO. 01 -19
PAG - 2
4. The eight (8) day suspension period wih'' be on Tuesday for eight (8)
consecutive weeks, commencing on Tuesday, February 12, 2019.
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 is hereby directed
to serve a certified copy of this Resolution upon License or any legal counsel
having entered an appearance on behalf of the Licensee.
RECORD OF VOTE
X- Indicate vote AB- Absent NV -Not Voting
Adopted at a meeting of the ABC Board
on J 28, 2019
ATHLEEN M. BARNEY, MMC
Board Secretary
YES
NO
NV
A.B.
REIMAN
X
FAILACE
X
JAMES
X
X- Indicate vote AB- Absent NV -Not Voting
Adopted at a meeting of the ABC Board
on J 28, 2019
ATHLEEN M. BARNEY, MMC
Board Secretary