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HomeMy Public PortalAbout02-19J e.aduUarr, cip tfie a93C' Xacu"t, ecudvi&Z, NJ No. 02 -19 Date of Adoptio J7' 28, 20 19 ORDERING THE SUSPENSION OF PLENARY RETAIL DISTRIBUTION LIQUOR LICENSE 1201 -44- 034 -010 / THE MARKET AT CARTERET/ BOTTLE GIANT OF CARTERET WHEREAS, Retail Re Invent, LLC, t/a the Market at Carteret/Bottle Giant of Carteret, 101 Roosevelt Avenue Units B -E, Carteret, NJ 07008, ( "The Market at Carteret/Bottle Giant of Carteret ", "Licensee" or "bar ") presently holds a Plenary Retail Distribution Liquor License issued by the Borough of Carteret ( "Borough "), License Number 1201- 44- 034 -010; and WHEREAS, the Borough, through the Office of ABC Counsel, has previously preferred charges against the Market at Carteret/Bottle Giant of Carteret for alleged conduct in violation of ABC regulations and Borough Ordinance(s) occurring on October 22, 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. The Market at Carteret/Bottle Giant of Carteret possesses a Plenary Retail Distribution Liquor License issued by the Borough of Carteret, License Number 1201 -44- 034 -010. 2. A plea of guilty was ultimately received by the Office of ABC Counsel in response to an allegation that on October 22, 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: That the charge brought against The Market at Carteret/Bottle Giant of Carteret 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 -44- 034 -010 issued by the Borough of Carteret to The Market at Carteret/Bottle Giant of Carteret, shall be suspended for a period of eight (8) days. No. 02 -19 PAGE 4. The eight (8) day suspension period will be on Monday for eight (8) consecutive weeks, cornmencing on Monday, February 11, 2019. Additionally the Licensee shall prominently display a 24" s 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 KATHLEEN 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 KATHLEEN M. BARNEY, MMC Board Secretary