The URL can be used to link to this page

Home My Public Portal About01-28-19JANUARY 28, 2019 ABC BOARD MEETING A meeting of the ABC Board of the Borough of Carteret was called MEETING CALLED TO ORDER to order by Mayor Daniel J. Reiman, on Monday, January 28, 2019, at approximately 9:30 A.M. in the Council Chambers, Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual Roll Call, the following were noted present: ROLL CALL Mayor Daniel J. Reiman Commissioner James Failace Commissioner Frank James, Jr. Also noted present was Kathleen M. Barney, Board Secretary, NOTED PRESENT Robert J. Bergen, Board Attorney and Glenn Slavin, Prosecutor. The meeting was opened with a minute of silent prayer and the SILENT PRAYER / Pledge of Allegiance led by Mayor Daniel J. Reiman. PLEDGE OF ALLEGIANCE The Notice of today's meeting was sent to the Home News Tribune STATEMENT OF and The Star Ledger and posted on the Bulletin Board on MEETING NOTICE January 18, 2018. Notice was published in the Home News Tribune and The Star Ledger on January 24, 2019. The purpose of the meeting was to hold a hearing in regards to charges PURPOSE OF THE preferred against various liquor licenses, and any other business that may MEETING come before the Board. Minutes for Approval — November 19, 2018 MINUTES FOR APPROVAL Upon MMS &C, by Commissioners Failace and James and unanimous affirmative vote of the full membership present, the APPROVED Minutes of November 19, 2018 were approved as transcribed and engrossed by the Clerk. Upon MMS &C, by Commissioners Failace and James and unanimous RECESS affirmative vote of the full membership present, a Recess was held at approximately 9:15 A.M. Upon MMS &C, by Commissioners James and Failace and unanimous RECONVENED affirmative vote of the full membership present, the meeting reconvened at approximately 9:45 A.M. JANUARY 28, 2019 CONT. Upon individual Roll Call, the following were noted present: ROLL CALL Mayor Daniel J. Reiman Commissioner James Failace It It Frank James Also noted present was Kathleen M. Barney, Board Secretary, NOTED PRESENT Robert Bergen, Board Attorney and Glenn Slavin, Prosecutor. HEARING — Liquor Shop HEARING — LIQUOR Representing PHB Liquor, LLC ta/ Liquor Shop was Oscar Escobar, Esq. SHOP Attorney Slavin explained that on October 22, 2018, PHB Liquor, LLC trading ATTORNEY SLAVIN as Liquor Shop, License #1201 -32- 012 -010 was charged with violating N.J.A.C. 13:2- 23.1(a) — Serving underage persons in violation of B.O. 71-18b, who are over 18 but under 21 years of age. This was an underage sale to a police officer. Attorney Slavin stated that after consultation with the Liquor Shop, the ATTORNEY SLAVIN Licensee has agreed to close their business for eight (8) Tuesdays, February 12, 19 and 26, March 5, 12,19, 26 and April 2, 2019 and that signage will be posted at that location indicating the closure. That is the proposed resolution. Attorney Escobar said they are in agreement with that and he hopes this is ATTORNEY ESCOBAR the last time they have to appear before the Board. Mayor Reiman said this is not the first time that this license has sold to an MAYOR REIMAN underage person. Attorney Slavin agreed and said that there were other charges in 2016 but the ATTORNEY SLAVIN store was under different ownership so they are treating this like a first offense for this particular event only. The Mayor asked what they have done to modify or change their business MAYOR REIMAN practices. Attorney Escobar said they are instituting a better training program. They have to ATTORNEY ESCOBAR make sure the employees card everyone who comes into the store. Attorney Slavin said it sounds silly but everyone should be carded whether they are 50 or 60 years old. ATTORNEY SLAVIN JANUARY 28, 2019 CONT. The Mayor asked if their computer system allows for a card check. A lot of MAYOR REIMAN software packages require that they enter a birthdate. The attorney said they do not have that now. ATTORNEY ESCOBAR Attorney Escobar said they do not have that software right now but that is something they can definitely put in to make it a lot easier so it just becomes automatic. Attorney Bergen asked for a motion to place the following on the record. ATTORNEY BERGEN Upon MMS &C, by Commissioners Failace and James RESOLUTIONS RESOLUTION #01 -19 RESOLUTION 401 -19 "ORDERING THE "ORDERING THE SUSPENSION OF PLENARY RETAIL SUSPENSION OF DISTRIBUTION LIQUOR LICENSE 1201 -32- 012 -010/ PLENARY RETAIL LIQUOR SHOP" DISTRIBUTION LIQUOR LICENSE 1201- 32 -012- 010 /LIQUOR SHOP" was adopted. Upon individual roll call vote, Mayor Reiman, Commissioners ADOPTED Failace and James voted in the affirmative. HEARING — THE HEARING —The Market at Carteret /Bottle Giant of Carteret MARKET AT CARTERET / BOTTLE GIANT OF CARTERET Prosecutor Slavin said the next matter is Retail Re Invent, LLC trading as The Market at Carteret /Bottle Giant of Carteret. ATTORNEY SLAVIN Attorney Jason Michael Ross, Neptune, NJ introduced himself. ATTORNEY JASON MICHAEL ROSS Attorney Slavin said that this situation arose on October 22, 2018 the serving ATTORNEY SLAVIN of a 6 -pack of Heineken to an underage officer who was over the age of 18 but under the age of 21 in violation of N.J.A.C. 13:2 -23.1 (a) and B.O. 71 -18b. The resolution that was arrived at is eight (8) closures commencing Monday, February 11, 18, 25, March 4, 11,18, 25 and April 1, 2019 again with the same signage. The Mayor asked if the proposal is to shut the entire business or not MAYOR REIMAN sell liquor for those eight days. The answer was inaudible. JANUARY 28, 2019 CONT. The Mayor asked if they have a system that requires the entry of a MAYOR REIMAN Birthdate. Attorney Bergen swore in the owner, Praveen Parvathaneni. ATTORNEY BERGEN The owner stated that their system doesn't allow for that right now. PRAVEEN He was inaudible. PARVATHANENI The Mayor asked if he has modified his training program. MAYOR REIMAN Mr. Parvathaneni spoke but was inaudible. PRAVEEN PARVATHANENI Attorney Ross said that his client will take corrective action. When hiring new employees it will be under stood that an underage sale is an automatic ATTORNEY ROSS termination. They've ordered the ID checking guide. The machines are no substitute for ID checking. When it becomes available, the employees will be sent for the training. Attorney Bergen asked for the following to be placed on the record. ATTORNEY BERGEN Upon MMS &C, by Commissioners James and Failace, RESOLUTIONS RESOLUTION #02 -19 RESOLUTION #02 -19 "ORDERING THE SUSPENSION OF PLENARY RETAIL "ORDERING THE DISTRIBUTION LIQUOR LICENSE # 1201 -44- 034 -010 / SUSPENSION OF THE MARKET AT CARTERET/ BOTTLE GIANT OF CARTERET" PLENARY RETAIL DISTRIBUTION LIQUOR LICENSE # 1201- 44 -034- 010 / THE MARKET AT CARTERET /BOTTLE GIANT OF CARTERET" was adopted. Upon individual roll call vote, Mayor Reiman, Commissioners Failace and James voted in the affirmative. ADOPTED Attorney Slavin said that concludes the docket for today. ATTORNEY SLAVIN Upon MMS &C, by Commissioners James and Failace and OPEN TO THE PUBLIC unanimous affirmative vote of the full membership present, the meeting was opened to the public. JANUARY 28, 2019 CONT. There being no comments or objections, upon MMS &C, by CLOSED TO THE Commissioners Failace and James and unanimous affirmative PUBLIC vote of the full membership present, the meeting was closed to the public. There being no further discussion, upon MMS &C by Commissioner ADJOURNED Failace and James and unanimous vote of the full membership present, the meeting adjourned at approximately 9:58 A.M. Respectfully submitted, G KATHLEEN M. BARNEY, MMC Board Secretary