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HomeMy Public PortalAboutr 97:234No. 97-234 Date of Adoption July 17~ 1997 RESOLUTION CONFIRMING COUNCIL ACTION IN CONNECTION WITH PLENARY RETAIL CONSUMPTION LICENSEHOLDER HEARING WHEREAS, on June 26, 1997, the Mayor and Council of the Borough of Carteret (the "Borough") conducted a hearing regarding certain charges against Plenary Retail Consumption License Number 1201-33-044-004 (the "License") held by Simon S. Haddad, Inc., T/A Simon's Nite Club (the Lmenseholder ), and WHEREAS, on the same date a hearing was also held regarding the renewal of the License for the year July 1, 1997 to June 30, 1998 (the "License Year'); and WHEREAS, as part of the hearing the Mayor and Council of the Borough heard testimony from Detective Sergeant Ronaid J. Bennett of the Carteret Police Department ( the "Police Department"); a principal of the Licenseholder, Mr. Simon Haddad; reviewed such evidence as was presented and gave careful and due deliberation to the evidence presented. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and Council of the Borough makes the following finding of facts: a.) Defendant was advised of and waived his right to counsel; b.) On November 11, 1996, the Licenseholder had only the principal and his wife on duty, and called the Police Department to assist in a disturbance; based on the testimony of Mr. Haddad. c.) On November 11, 1996, the Police Department was called when a patron refused to pay a $2.00 cover charge. Patron paid when the police arrived. d.) On December 2, 1996, a patron of the Licenseholder was assaulted outside shortly after leaving the Licenseholder's premises. Mr. Haddad testified that he called the police. e.) On January 17, 1997, the Police Department was called to remove a · patron who had entered the Ltcenseholde premises without paying the cover charge. Said patron was known by the Licenseholder to be a troublemaker. Licenseholder did not sign charges. Based on the testimony of Detective Sergeant Bennett and Mr. Haddad. f.) On March 30, 1997, the Carteret Police Department is advised by an anonymous phone call that a fight is going to occur between two (2) groups at the licensed premises. The Police Department responds. PAGE_ 2 NO. 97-234 g.) Mr. Haddad advises the Police Department upon arrival, March 30, 1997, that a fight is about to occur involving eighty (80) to ninety (90) '~ people, based on testimony of Mr. Haddad. h.) On June 15, 1997 a riot involving approximately One-Hundred (100) to One Hundred Twenty Five (125) people began in the licensed premises and continued onto the streets of the Borough. i.) Testimony of Mr. Haddad that Licenseholder's premises is approximately 2,500 square feet found to be credible. Testimony of Mr. Haddad that licensed premises is permitted to have One Hundred Seventy Six (176) occupants found credible. k.) Testimony of Mr. Haddad that football and basketball players on teams sponsored by Licenseholder, served as security found not credible. 1.) Testimony of Licenseholder that it has no employees except Mr. & Mrs. .._ Haddad found to be credible. m.) Testimony of Mr. Haddad that licensed premises is open Thursday, Friday and Saturday nights not found to be credible, in that many of the alleged incidents occurred on Sunday evenings. n.) Mr. Haddad's testimony that the average number of patrons in the licensed premises is between Thirty (30) and Forty (40) on given night found to be not credible. o.) Mr. Haddad's testimony that there was very little liquor and between Ten (10) and Fifteen (15) cases of beer a week sold found to be not credible. 2. The following disposition is made of each of the below listed counts: Count 1. On 11/29/96, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls, acts of violence, disturbances and unnecessary noise, thereby requiring the intervention of the Carteret Police Department. This act in violation of NJ.A.C. 13:2-23.6 (a). Finding: GUILTY COUNT 2. On 12/01/96, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls, acts of violence, disturbances and unnecessary noise, thereby causing the business to be run in such a manner so as to be a nuisance. This act in violation of N.JA.C. 13:2-23.6 (a) 3. Finding: NOT GUILTY PAGE 3 NO. 97-~S/' Count 3. On 12/21/96, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls, acts of violence, disturbances and unnecessary noise, thereby causing the business to be run in such a manner so as to be a nuisance. This act in violation of NJ.A.C. 13:2-23.6 (a) 3. Finding: GUILTY Count 4. On 12/21/96, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls and acts of violence, specifically wherein this brawl led to a shooting incident on Roosevelt Avenue in front of the licensed premises, thereby causing injury to a patron and numerous shots being fired into local residents. This act in violation of NJA.C. 13:2-23.6 (a) 2. Finding: NOT GUILTY Count 5. On 1/17/97, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls, acts of violence, disturbances and unnecessary noise, thereby causing the business to be run in such a manner so as to be a nuisance. This act in violation of N.J.A.C. 13:2-23.6 (a) 3. Finding: GUILTY Count 6. On 3/23/97, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls, acts of violence, disturbances and unnecessary noise, thereby causing the business to run in such a manner so as to be a nuisance. This act in violation of NJ.A.C. 13:2-23.6 (a) 3. Finding: GUILTY Count 7. On 3/30/97, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls, acts of violence, disturbances and unnecessary noise, thereby causing the business to be run in such a manner so as to be a nuisance. This act in violation of NJ.A.C. 13:2-23.6(a) 3. Finding: GUILTY Count 8. On 5/18/97, you did allow, permit or suffer in and upon your licensed premises, the sale, service or delivery of an alcoholic beverage either directly or indirectly to minors under the legal age to purchase or consume alcoholic beverages and did allow, permit or suffer the consumption of an alcoholic beverage on the Licenseholder premises by minors under the legal age to purchase or consume alcoholic beverages. This act in violation of NJ.A.C. 13:2-23.1 (a). Finding: NOT GUILTY 97-234 .PAGE 4 __ NO. Count 9. On 5/31/97, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls, acts of violence, disturbances and unnecessmy noise, thereby causing the business to be run in such a manner so as to be a nuisance. This act in violation of N.J.A.C. 13:2-23.6 (a) 3. Finding: GUILTY Count 10. On 6/15/97, you did allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance by permitting brawls, acts of violence and disturbances, causing the Carteret Police Department to request the assistance of the Woodbridge Police Department to disperse, in excess of One Hundred Twenty (120) persons, who had gathered on the streets and were engaged in a series of fights, said fights leading to the injury of a Carteret Police Officer resulting in Emergency Room Treatment. The licensee is therefore charged with causing the business to be run in such a manner so as to become a nuisance. This act in violation of N.J.A.C. 13:2-23.6 (a) 3. Finding: GUILTY 3. The Licenseholder's License is suspended for a total period of Sixty (60) days commencing Ten (10) days f~om the date of the hearing (i.e. June 26, 1997; the Sixty (60) day suspension period is the cumulative total, with the specific period for each finding of guilty as follows: Count Number Period of Susllension 1 5 days 3 5 days 5 5 days 6 5 days 7 5 days 9 5 days 10 30 days 4. The Licenseholder is renewed for the License Year subject to the Suspension - · Period and the condition upon the License that the Licenseholder have private security present during all hours of operation. Adopted this 17th day of July, 1997 and certified as a true copy of the original on July 18, 1997. KATHLEEN M. BARNEY, Municipal Clerk I~,ICCOIlI) ()lr COUNCIL VOTE t __LOW_ARCZU K X_L_ __ #AZ KAS U~_~PONT X~ __ FEINGOLD x U OWSK X - Indicate Vote AB - Abscl}{ NV - Nol Voti,g XOR - Indk'ulcs Vole to Ovemlle Vel[) S. Adopted at a meeting of Ihe Municipal Council July 17, 1997