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.
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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
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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