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Home My Public Portal About1997/06/26 -.---..........-. A Special Meeting of the Mayor and Council of the Borough òf Carteret was called to order by Mayor Peter 1. Sica, at 6:20 P.M., on Thursday, June 26, 1997, Municipal Court, Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. The following were noted present Mayor Peter 1. Sica Councilmember Bialowarczuk " Du Pont " F ailace " Feingold " Gutowski Noted absent was Councilmember Jack Fazekas and Borough Attorney Craig Coughlin. Also noted present was Frank Santoro, Esq. Mailed to The Home News and Tribune, The Star Ledger and posted on the Bulletin Board on June 20 & 24. To adopt a resolution to go into Closed Session to discuss personnel matters and anticipated litigation. The Clerk said the first thing they had on was Anthony Fiore, who has requested an Open Session. Mayor Sica asked Anthony if he remembered the Recreation Committee. Anthony said he did. Mayor Sica said that the Chairman of the Recreation Committee, Mrs. Hedesh, has indicated that he hadn't been making any meetings, which has sometimes caused a lack of quorum and nothing has been getting done. Anthony said he had been on the committee for a year and one half. When it first started he had attended almost every meeting, except for maybe one out ofthe first six. After about six (6) months of him being on the committee Mrs. Hedesh stopped sending out Meeting Notices and he would have calls the night before saying they had a meeting tomorrow and asked if he could attend and as his present situation is that he is a student and he works at night, he could never get out of work on one (I) days notice and that continued about three (3) or four (4) months. 1 JUNE 26, 1997 SPOCIAL Þ!EEITNG June 26, 1997 PRESENT STATEME1IT OF tlEEITNG OOITœ PURPOSE OF THE ÞIEE:l'lNG Anthony Fiore JUNE 26, 1997 Anthony Fiore Continued Anthony Fiore said then he made any meeting he could attend, but since January he hasn't received any meeting notices to attend any meetings. Councilmember Failace asked him if he was given enough leeway as to when the meeting is...... . Anthony said absolutely. Mayor Sica said it is tough enough to get volunteers to do anything. You have to give them some kind of notice of when you are going to have the meeting. Anthony said he will attend any meeting if he is given notice in ample time. Mayor Sica said they are in the process of finding a new Chairman for that committee Councilmember Gutowski said they have to appoint somebody. Counc.ilrnember Fazekas noted present At approximately 6:25 p.m., Councilmember Fazekas was noted present. Mayor Sica said you have to appoint a member and then a chairman ITom the members. He told Anthony that the new chairman will be so directed by the Mayor and Council that they have to send out ample notice to everybody. The Clerk said Kenny Wright was next but she didn't see him. Mayor Sica said they would have to go into Closed Session on that anyway. The Clerk said they had to go into Closed Session with Mr Lebduska on the Architectural Drawings. RESOLUITOO' #97-205 RESOLUTION #97-205 was introduced by the Mayor and referred to the Council for action. CWSED SESSlOO' Upon MMS&C, by Councilmembers DuPont and Failace RESOLUTION #97-205 "RESOLUTION TO GO INTO CLOSED SESSION" AOOPfED as adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. ADJOURNED 10 CWSED SESSlOO' At approximately 6:26 P.M. a Closed Session was held. ? At approximately 7:44 p.rn., upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full membership present, this meeting was opened to the public. At approximately 745 p.m., Councilmember Feingold was noted absent. The Clerk said they had a resolution to approve. RESOLUTION #97-206 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Failace RESOLUTION #97-206 "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REGIONAL CONTRIBUTION AGREEMENT WITH THE TOWNSHIP OF EAST AMWELL" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Dupont, Failace, Fazekas and Gutowski vote in the affirmative. Councilmember Feingold was noted absent. At approximately 746 p.m., a motion to adjourn was made by Councilmember Failace and second by Councilmember Gutowski so after no further discussion, this meeting was adjourned. Respectfully submitted, ~~~~~ KATHLEEN M. BARNEyCl/ Municipal Clerk. KMB/lr _______________________________________________________H__________________________ 3 JUNE 26, 1997 OPF1'I SESSlOO' Counc.ilmember Feingold noted absent RESOU1ITOO' #97-2cx, RESOU1ITOO' APPROVING AND AUltIJRIZING EXIDJITOO' OF A lUX;IœAL <nm.UBUITOO' AGREJiMIiNl' WTIH 11IE 'I:œNSHIP OF EAST AtIÆLL AOOPl'ID ADJOURNED - -------------------------------------------------------------------------- =------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- " A Special Meeting of the Mayor and Council of the Borough ofCarteret was called to order by Mayor Peter 1. Sica on Thursday, June 26, 1997 at 6:50 PM., at the Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey. Upon individual roll call, the following were noted present: Councilmember Deborah Bialowarczuk John DuPont James Failace Jack Fazekas Stanley Gutowski " " " " Noted absent was Councilmember William Feingold. Also noted present were Borough Attorney Craig 1. Coughlin and Detective Sergeant Ronald Bennett. Mailed to The Home News & Tribune, The Star Ledger and posted on the bulletin board on June 20 and June 24, 1997. Hearings regarding charges preferred against various A.B.c. Licenses and approving renewals of various AB.C. Licenses for 1997-1998 License Term. Borough Attorney Coughlin said he has spoken to the lawyers of two of the license holders who have indicated they would like to request an adjournment of this evening's proceedings. He told them, after speaking with the Council President, that it would be necessary for them to appear here to request an adjoumment in person. Perhaps it makes sense to take those applications first. Mayor Sica asked who the two were. Borough Attorney Coughlin said Such's and Five Corners. If the Council wants to entertain it, it would probably be best for their counsel to set it out. Such's just retained counsel last evening. On Five Corners there is some outstanding discovery and the counsel for the license holder is ill. Last and perhaps most importantly, there was conversation between them and the Borough Attorney indicated to him that he would talk to the Governing Body and as part of that process, in speaking to Sgt. Bennett, he has Sgt. Bennett to forward over an application for an interim license He thinks that may have led them to conclude that he might have been granted the application. He spoke to him later on and told him he needed to be here. He presumes that is Mr. Glennon. He asked if the Council wanted to hear from the lawyers directly? JUNE 26, 1997 SPECIAL MEETInG ROLL CALL STATEMENT OF MEETING NOTICE PURPOSE DISCUSSION Re: Gilda R. Inc. ria Five Corners and Such's >;;4(,·\·{'~:,:";)l ":."",,- \.. .1.;:.t ,¿:;-i:^~~~>;_r:,l JUNE 26, 1997 Such's Mayor Sica said they would hear from Such's lawyers first. Attorney K. Jaffarian, representing Such's, said since he spoke with the Borough Attorney, he conferred with Such's and reviewed everything and they are ready to proceed tonight. Gilda R., Inc. t/a Five' Corners Mayor Sica said okay. He called for the attorney for Five Corners. Gerald Glennon, Esq., said he was appearing on behalf of the licensee Gilda R., Inc. t/aI Five Corners Inn. He respectfully submits when these documents were served on his client, they got in touch with him and the allegation on ten counts, going back to Count #7 dated December 7, 1996, on late Friday, his client was provided, through Det. Bennett, copies of certain documents related to these incidents, including an investigation report and a narrative report by a particular officer. However, many of the reports, he respectfully represents and submits, state that they refer to other reports by the Narcotics Task Force and other reports regarding evidence and other matters. Under the circumstances of the number of charges involved and the voluminous documents he already has, not withstanding the fact that he respectfully submits the serious necessity to endeavor to obtain all other documents by way of discovery involving each and everyone of these charges In fact, certain of these reports have items blacked out. He doesn't knolV whether they are names and for what purposes and whether they're recorded moot by reason of the age of the case now or whether they have been disposed of. If they were of an indictable natlJre against the arrestee by the Middlesex County Prosecutor's Office, and under these circumstances and the voluminous documents that were served upon his client and he only got late Friday afternoon and again relating to the necessity to obtain any or all other documents, he would respectfully request a reasonable postponement in order to be provided with the opportunity to investigate this matter and each and every count thereof. Attorney Glennon said he would futther represent to the Council, not that it has prohibited him from proceeding, but he has had a bout of bronchitis which was bordering on pneumonia and he has lost several days from his office and has become severely backlogged as a result thereof. He only has had a short period of time to initially review the documents that were provided. He respectfillly submits and asks their courtesy and cooperation and discretion in considering this request for a postponement He believes that his client is entitled to a full and fair hearing. It is necessary as a result to obtain these documents and investigate it. Ifthere was a drug offense that allegedly took place in the bar which his clients do not know about, he does not know who it would involve. There's no name of an undercover agent. Where it took place. Whether it was allegedly under the nose of a bartender or his client or by subterfuge in a hidden place in the bar where his client would not have any reasonable way of knowing that such event ever took place. Again, he respectfully submits that all of these charges commencing back in December of 1996, his client is now aw&re of until he was served with the punitive charges under this notice. .Jnder these circumstances he would, most respectfully request a continuance and permissIOn of his client to apply for an interim permit. 2 ~-í:}\ :< Mayor Sica said he would agree with the exception of one thing. This is not a criminal proceeding. Weare not here to prosecute his client for any criminal acts that may of happened there beyond his control or even if the criminal acts were by him. We're here to make a determination based on Police Reports and if his client's premises are becoming a nuisance and a hardship to the Borough of Carteret. Not that x company or x person sold marijuana in there, or x person was drinking underage in there. All these are incident reports that required Police time and effort. It's the Borough's right to make a determination based on that, that if his client's establishment is becoming a nuisance and a hardship on the Borough of Carteret. If they are paying the Borough $438 for a license and it costs us $10,000 a year in Police protection to protect their $400 license. In fact, it's become a nuisance and is making crime rampant in the area, or the drinking, obscenities or a nuisance to the neighbors, if it has in fact become that. That's what they will determine this evening, not to prosecute anything criminal. Attorney Glennon said he understood Mayor Sica said the true law of evidence doesn't come into play. His client would be afforded the opportunity to go through 1-10 and explain what went on. Ifhe can come up with a logical reason of what happened, that was beyond his control, that would be taken into consideration. Paramount is what it has been doing to the neighborhood. What it's doing to the drain in the services that we have to render under the law as long as we allow them to remain open. He said it's the Council's right to grant him the postponements, but he would not recommend it. Attorney Glennon said in all due respect, he submits that certain of the alleged incidents, of necessity just by reading the reports, would require the testimony of witnesses. He believes that the Borough Attorney in reviewing this matter, might possibly, based on his legal opinion, tend to (inaudible) Mayor Sica said he would have to say, in past experiences on that venue, he's heard that so many times from so many different bars that they were going to get witnesses to come at the next meeting. They never show up. All it succeeded in doing was to continue to get ·postponements. Any other witnesses that should be required, such as the owner, the bartender, etc., should be readily available at all times. Attorney Glennon said he is also referring to witnesses from the State that are unnamed in these reports. These are the nature of the reports that were provided to him. He respectfully submits that it would of necessity require testimony of the officers. 3 Mayor Sica said those reports are based on criminal prosecution. This is an Administrative Hearing It has nothing to do with criminal. If he wants to rely on them he can. We don't have to take that into consideration. All they have to take into consideration is countS 1 - 10 and give him an opportunity to explain those counts We don't have anything to do with the criminal end of it. It's only there determination if it is an attractive nuisance and that is the Council's determination. He will pass it on to the Council and if they want to give a postponement it is alright with him JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Con't. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Con't. RESOLUTION 1197-207 Closed Session Adopted Adjourned Into Closed Session ~1EETING OPENED Sir:1on's Night Club . N"',,;¡ .' ;'",::..~ ...-:'....""\ '''-, :~,~,~"'i"! ..\~" Councilmember Failace asked if they could go into Closed Session and caucus on this? Mayor Sica said of course. Attorney Glennon said, with all due respect, this request is not for the purpose of prolonging this matter. This matter, based upon the date of the first allegation, was not prolonged by his client. He is asking for a reasonable opportunity based upon these documents, to obtain other referred to documents so he may be in a position to adequately afford representation to his client. Mayor Sica said every tavern owner in the city of Carteret knows that once a year their license comes up for renewal in June. They know what goes on in their place every day. If they know they had incidents of this magnitude, they should be prepared prior to June of 1997 to defend this and not wait until the last nllnute and come in ask for a postponement. 'llBSe things date back for a whole year. RESOLUTION #97-207 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Failace and DuPont RESOLUTION #97-207 RESOLUTION TO GO INTO CLOSED SESSION was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas and Gutowski voted in the affirmative. Counci1member Feingold was noted absent. At approximately 7: 10 P.M., the meeting was adjourned into Closed Session. At approximately 7: 14 P.M., upon MMS&C, by Councilmembers Failace and DuPont and unanimous affirmative vote of the five (5) Councilmembers present, the meeting was opened. Mayor Sica said on the motion for the postponement for Gilda R., Inc., the Council has voted that they will proceed with it tonight They will hear from Simon's Night Club first. He asked if anybody was here representing Simon's? {+ Simon Haddad said he was representing Simon's himself. Mayor Sica said he had the right to have the healing in open or closed session. Mr. Haddad said he would have it in open session. Borough Attorney Coughlin said he thinks it has to be in open. Mayor Sica asked Mr. Haddad to state his name. Mr. Haddad, said Simon S. Haddad. Mayor Sica told Mr. Haddad that he was called in here tonight because there are numerous complaints on his establishment at 63-65 Roosevelt Avenue. There are 10 complaints. Borough Attorney Coughlin asked if Sgt. Bennett wanted to put this on the record? He also suggested that they swear him in. Det. Sgt. Ronald Bennett was sworn in. He said regarding Mr. Simon Haddad, trading as Simon's Night Club, there were ten counts regarding activities at Simon's Night Club. They start off on November 29, 1996, a lot of violence, unnecessary noise, etc. Based on an investigation report, Officers responded to a call at Simon's on Friday, November 29, 1996 at 11 :47 P.M., at that particular time an employee of Simon's stated that a Mr. Johnson, who was in the bar, refused to pay a $2.00 cover charge. Requested police assistance in either having Mr. Johnson removed or getting him to pay the cover charge, in which case Mr. Johnson paid the cover charge. The second one was on December 1, 1996, Simon's allowed, or permitted the licensed premises (inaudible ) to become a nuisance, by permitting brawls, acts of violence (inaudible) and unnecessary noise. At this time the call came from the bar at approximately 12:25 A.M., said they were refusing service at the bar because of the person's age and when the officer checked the bar, there were no persons under age. No persons were found in the bar. _." " :.,..:,-,.~ .'1""_· . On 12/21/96, did permit, suffer licensed premises in such a manner to become a nuisance. In this case they were called on Saturday at 2:21 AM., the person calling was Simon Haddad who said that a person named Sir John Raglin had just assaulted a woman inside of the bar and Mr. Raglin was now on the street creating a disturbance The officers took action against Mr. Raglin and the end result was Mr. Raglin was aITested. The complaint that was signed that time was for what happened on the street, not for what happened in the bar. Borough Attorney Coughlin asked who signed the complaints? Oet. Sgt. Bennett said Officer Guiliano signed the complaint against Sir John Raglin. These activities were directed towards Officer Guiliano. 5 The fourth count was on 12/21196, there was aD incident that took place as a group of people that were leaving the bar. This particular incident wound up as a shooting incident. Several rounds were fired outside of the bar on the street. JUNE 26, 1997 Simon's Night Club Con' t. >:-'., ~'", "~/," ~'<ø\)·· '-.,};;', ".": O")(,;,f," JUNE 26, 1997 c' , ùl£10n S Night Club Con't. Count #5, on January 17, 1997 again allowing the bar to operate in such a manner as to become a nuisance. The call was ITom Mr. Simon Haddad regarding Mr. Glen Foster. The problem was Mr. Foster comes into the bar and just stands around, never buys anything and bothers people. He wanted the officers to eject Mr. Foster from the bar. No complaints were signed by either the owner of the bar, the bartender or anybody who claimed to be disturbed by Mr. Foster's presence. Del. Sgt. Bennett said Count #6 again allowed the license premise to become such a nuisance, permitting brawls, violence, disturbances and unnecessary noise on the premises. This happened on February 23, 1997. There was a call regarding Mr. Ray (Inaudible) on the premises. This gentleman was arrested at the time. Count # 7, March 30, 1997, another incident of a fight. We received a call from an anonymous female at approximately 2:00 AM. who said she just left Simon's Night Club and said there was going to be a large fight between a Newark Group and a Carteret Group. Four officers went up there and there was a large crowd. They spoke to the owner and explained the nature of the call. Mr. Haddad agreed to close the premises and the group disbursed. We don't have an exact number that were in the bar, but there were four officers there. Count #8, May 18, 1997 did permit or suffer or allow an underage minor to purchase alcoholic beverages and consume same on premises. This occurred at approximately 12:20 AM. Officers observed a group of 8 males approaching Simon's Night Club. One male in a grey shirt and skull cap appeared to be drinking beer inside the club and had a can of Ballantine Ale. He identified himself as 18 years old and it turned outhe was 17 years old. He was taken into headquarters and released as a juvenile to his parents. Count # 9, M¡:y 31, 1997 did permit or suffer an act of violence, disturbance and unnecessary noise, allowing the place to become a nuisance and we had a call ITom the place at approximately 2:20 AM. Three women were beating up another woman. The oflicer responded observed the female victim, later identified as Elizabeth Martinez. lying on the ground bleeding. First Aid was called and responded. Ms. Martinez said she didn't know who attacked her and refused to cooperate with any further investigation. The officers stated there was no cooperation ITom the bar as to what happened inside or outside the bar. Count #10, lUl1e ]5, 1997, the licensed premises was conducted in such a way to permit violence and disturbances causing the Carteret Police Department to request assistance of the Woodbridge Police Department to disburse 120 pt'rsons who had gathered on the streets after leaving the bar and then engaged if¡ a series of fights. Said fights leading to the injury of a Carteret Police Ofticer who had to be treated at the Emergency Room and who was out of duty for several days. Mayor Sica asked.\1r. Hadd"d if he would like to speak now? 6 Mr. Haddad said regarding Count #1, the person came in and refused to pay the $2.00. To prevent a big argument or a big fight because he came in with three or four other people, he asked him to leave and he didn't want to leave. For the record, he has no employees other than his self and his wife. That was the only time he had to call a Police Officer about a cover charge. Mayor Sica said that $2.00 cover charge probably cost the city $200.00. Mr. Haddad said the $2.00 cover charge isn't for him. It's for the DJ. that comes Ill. Mayor Sica said he didn't care about that. Every time we have to disburse Police Officers down to his bar it costs the city a ton of money. Forget about what it costs the city in manpower, while they are down there trying to stop someone ITom paying or not paying the $2.00 cover charge, we're leaving the rest of the city vulnerable to any other problems that could happen. He said that didn't hold much weight. Mr Haddad said alright. He said he would rather have one police officer disburse that one person then having a big riot break out because of one person. He's located in the Chrome Section of Carteret right on Roosevelt and Pershing Avenues. The cliental he receives is 100% black and he guesses that's the only bar for all the black people in town. That's the only place they come to. It's not his choice. He has deal with them one on one. Mayor Sica asked what that had to do with anything. That has nothing to do with fighting and having an unruly place. If it continues this way, the town carlllot allow it there. People can go anywhere they want to drink. There are other bars all over Carteret that people go in no matter what their race, color or nationality is and they don't have fights If he is trying to maintain a business of the magnitude they are talking about. 100 to 200 people with only 2 people workírig thêr~; neilS' going to have problems. Those pwblems stem down to the taxpayers in Carteret and that is what we are here to take care of. We just want to substantiate the fact that all these things happen there. Mr. Haddad said yes they did. 7 Mayor Sica said that's all they need. As long as Mr. Haddad is agreeing that all these things have happened and these incidents did take place, then they have to make a determination between the Council and himself as to if we want to allow Simon's to continue operating in this manner or what we want to do because this is a drain on the city's services. We have only so many police officers for the whole town. We don't have a police department that caters only to the bars in the city of Carteret. They cater to the whole town. If the services that we are rendering for the dollars we are getting are outstripping the dollars we are getting then we have to take a serious look at it. He asked Mr. Haddad if he agreed that all these things did happen? Mr. Haddad said on # 1. Yes, JUNE 26, 1997 Simon's Night Club Con't. », ."~,,þ. ~"'<'>'12-~-' --..;,;;.,;..~ ~". -¡-J.,' ,i JUNE 26, 1997 Simon's Night Club Can't. Mr. Haddad said regarding the person who called and said there were minors in the bar, all officer came and found no minors. That's about Count #2. On Count # 3 l\1r. Haddad said he saw a girlfriend - boyfriend hit each other inside the bar. The boyrnend left the bar. He asked his wife to call the Police Department to tell them that this person just hit his girlrriend. He didn't' want to see a woman getting hit. They arrested the guy. Mayor Sica said okay. But, it did happen. Mr. Haddad said yes it did. On Count #4 Mr. Haddad said this was about a shoot-out. On this incident, somewhere along the line, he came down the next morning. There were three or four bullets fired at his building. One through his bedroom, one through the Simon's Night Club sign, it's still there, one through his tenant's apartment right through her baby's bedroom. He said there were 30 to 40 people in the hat and he made sure nobody left the bar. He kept them inside. He took Out his 9 millimeter just in case anything went wrong, which he has a permit for. All of a sudden there were bullets flying right through. The bullets came rrom 75 Roosevelt Avenue. They did not come from Simon's Night Club. Simon's Night Club was not involved in this incident. The people at the bar had nothing to do with it what so ever. The shooting came out of75 Roosevelt Avenue into his bar. The person who was getting shot at ran into his bar and tried to hide. Mr. Haddad said he called the Police Department and to]d them there was a shooting going on down here. He was trying to protect somebody from getting killed. On Count # 5 Mr. Haddad said this is regarding Mr. Foster. He said he was sure they had heard ofhirn. He is 6'3" or 6'4" with green eyes. A big trouble maker in Carteret. He just didn't want him in his bar. He wanted him completely out of the bar. He spoke to a detective on Friday. He has been in the bar business seven years and this is the fil st time he has come to one of these things. He said he didn't even know what the procedures were. The detective explained to him that evelY time he makes a report, he has to come back the next day to the police station and file a report. In the past seven years when he had trouble he would call a police oftìcer who would do a report It was over with and he would never come back again. That's why he used to have the Liquor Store at 99 Roosevelt Avenue and they had big problems with this guy in the past. Borough Attorney Coughlin asked if that was with Mr. Foster? Mr. Haddad said yes. He said back in ] 987 there were a couple of incident repOlts filed on Mr. Foster and he had to come and testifY against him because he saw the merchandise being robbed from a house across the street. On Count # 6, Mr. Haddad said three officers came in the bar to arrest (inaudible) and they wanted to arrest somebody. They arrested him and took 8 him out of the bar. He said he was more than helpful. His wife almost got hwt. The guy tried to run from the cops and there is only one exit inside the bar. He wished it would have happened outside, but it happened inside. There was no fight or argument. He was just assisting the officers. He knows all the officers in Carteret. If there are any problems he is the one they speak to. Any activities in the area, he is the informer. He is the one that makes all the calls ._~J'~;~~':~_:;'¡:.f~-{~:l\~l~ --, Mr Haddad said he must have made over 200 phone calls in the past seven years. On Count #7, Mr. Haddad said the officers came in and told him that a riot was supposed to break out and wanted him to shut down. He told he had no problem with closing. It was around 2: 15 AM., and everybody left. Approximately 80 to 90 people and he agreed to shut the bar down so there would be no problems and no fights. On Count # 8 on May 18, 1997, Mr. Haddad said it says right in the report that (inaudible) and he got right back out. He is not going to let that guy come in his bar. On Count #9, Mr. Haddad said that did not happen in his bar It happened at 61 Roosevelt Avenue. That's a private club right next door to him. The woman came out of there and she had a big fight with three girls and he told the police officer that the lady was wearing black, weighing 200 pounds, running down Salen Avenue. They sent a car down there. He didn't know what happened after the investigation, but he is the one that helped this lady. Mr. Haddad said on the last incident that was in the newspaper on Monday that just passed, he was speaking to the Sergeant on the side at 3: 15 AM.. They were just talking. His parents were here rrom Florida. At 3: 15 AM., the bar was already closed. A group was still outside. Approximately 100 to 125 people and they started walking down Salem Avenue, which is approximately one block down from his tavern and that's where the riot took place. Whether it was the people out of his bar or people out of South Amboy, he doesn't know. He was already inside his house when the riot broke out. The Sergeant will confirm everything he had told the Council. As far as his tavern being a nuisance, he agrees that 10 reports is a lot. Four or five reports should not be against him. As far as a person coming in holding a beer, he throws them right back out. The area itself is not the greatest area. As far as police protection Carteret is one of the best. Borough Attorney Coughlin asked Mr. Haddad how many nights a week he was open? Mr. Haddad said Thursday, Friday and Saturday. Borough Attorney Coughlin asked how big was the bar? Could he describe it? Mr. Haddad said the bar is 2,500 square feet. The fire code is 276 people. He has a 120 foot bar all the way around He lives on top of the bar. Borough Attorney Coughlin asked how many nights did he have entertainment? Was it every night? Mr. Haddad said not every night. He sometimes has birthday parties, weddings, anniversaries, retirements. It's strictly for the people in the Chrome Section. That's the only people that want to come to the area and that's the people he has the parties for. JUNE 26, 1997 Simon's Night Club Con' t. ,.!!'.,'\ ;a....,.':""'. ,~,,,-,!,"'S,-'_ ./ JUNE 26, 1997 Simon's Night Club Con I t. Mr. Haddad said he has a basketball team and a football team, one in Perth Amboy and one in Carteret and they throw the parties. The $2 cover charge is because the people themselves hire a D.1. and they collect the cover charge to pay for the music. Borough Attorney Coughlin asked how many exits there were? Three? Mr. Haddad said three Borough Attorney Coughlin asked if the three exits were in the building or in the bar? Mr. Haddad said in the bar. He showed them a diagram he had brought with him. He also had a copy of the fire code. Borough Attorney Coughlin marked them E1 and E2 in evidence. He asked if there were ever any other employees other than Mr. Haddad and his wife? Part-time employees? Mr. Haddad said no. Borough Attorney Coughlin asked if he ever had anyone at the door? Mr. Haddad said he did. He has some one from his basketball team or his football team. They throw their own parties. Borough Attorney Coughlin asked when they do that do they serve as the person at the door to collect the fee? Mr. Haddad said yes. Borough Attorney Coughlin asked if Mr. Haddad paid them? Mr. Haddad said no. Borough Attorney Coughlin asked how he determined how many people he let in to the bar on any given night? Is there any way he has of controlling that'! Mr. Haddad said the most he ever had in his bar was 150 people. The fire code is 276. He would never reach that. Borough Attol1wy Coughlin asked Mr. Haddad how he would know that the most he ever had was 150'1 Mr. Haddad said he has 70 chairs, total. By being there seven years he can determine how many people are sitting and how many are walking around. Roughly between 1O0 to 150 people. Borough Attorney Couhglin asked him to describe the nature of his patrons? What kind of alcoholic consua,ption goes on 'here? Would he describe it as heavy, moderate Oï light'! 10 Mr. Hadòad said between moderate and heavy. Borough Attorney Coughlin asked how many patrons did he have on an average night? Mr. Haddad said about 30 or 40. Borough Attorney Coughlin asked how much beer did he sell a week? How many shots? Did he know? Mr. Haddad said approximately 10 -15 cases of beer. Shots, no. Borough Attorney Coughlin asked if that was per week? Mr. Haddad said correct Borough Attorney Coughlin asked him if had a policy for handling disputes as they arise in the bar? Mr. Haddad said yes, he has 15 to 20 guys who come there every Friday and Saturday. Any problems that happen in the bar, a person is getting to loud, etc. they are directed to take care of it. Borough Attorney Coughlin asked what did he mean by take care of it? Mr. Haddad said get in the middle, break it up, getting out ofhand outside the bar. Borough Attorney Coughlin asked then why didn't he have Mr. Foster thrown out of the bar? Mr. Haddad said at the time Foster came, he did not allow him inside the bar. He opened the door and tried to come in and when he saw him, the guys who are normally there weren't there, at the same time he had his wife call the police. Foster is the only person in the whole town that he does not want in his bar. Borough Attorney Coughlin said he didn't have any further questions. ".. ......-.."..\ Mayor Sica asked if anyone else had any questions? Councilmember Fazekas asked about using his team as bouncers. He asked Mr. Haddad if there was anyone he paid to do this. Mr. Haddad said no. He said he has been there for 7 years. His parents owned the liquor store for 10 years. He knows every person that walks into his bar. If not by name, he knows them by face. He has respect in that area He is not afraid. 80% of the people down there have been in prison or have had drug dealings. Councilmember Bialowarczuk asked in the Chrome Area? Mr. Haddad said correct. He said the people who come in his bar. Council member Fazekas asked if he was stating that he had to wear a bullet proof vest to be in that area. Mr. Haddad said in the Chrome Section? After 1 or 2 in the morning? Yes. JUNE 26, 1997 Simon's Night Club Con' t. ;--- ¡"', JUNE 26, 1997 Simon's Night Club Con' t. Mr. Haddad said he didn't recommend walking around there at one or two in the morning. Councilmember Fazekas asked if brought this to the attention of the police? Mr. Haddad said sure. Councilmember Fazekas asked if they took any action? Mr. Haddad said sure. Councilmember Fazekas asked if any reports were filed concerning this? Mr. Haddad said yes. He said he worked with Gary Guliano, Del. Kopin and three or four other officers. Councilmember Fazekas said so Mr. Haddad is saying that he wouldn't want anybody walking in that area. It's a battle zone. Mr. Haddad said not a battle zone. Councilmember Fazekas said if you have to wear a bullet proof jacket, he is stating that the Chrome area is a battle zone. Mr. Haddad said yes it is. Councilmember Gutowski said ifMr. Haddad is experiencing trouble, why doesn't he hire someone. He is relying on the Police Department to provide security and that is not what they are there for. - Mr. Haddad said out of 10 reports, there are only 3 or 4 that the police had to be there and take control. Every bar has a problem. Every weekend. Councilmember Gutowski said every bar that he has been in that has a 0.1. , music and people dancing has some kind of security. Mr. Haddad said he has been there for 7 years and they have never seen him up here before. Mayor Sica asked if anyone else had any questions before they go into Closed Session? RESOLUTION ii'97-208 Closed Session RESOLUTION #97-208 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembcrs DuPont and BiaJowarczuk RESOLUTION #97-208 "RESOLUTION TO GO INTO CLOSED SESSION" 12 Adopted was adopted. Upon individual foil call vote, Council members Bialowarczuk, DuPont, FaiJace, Fazekas and Gutowski voted in the affirmative. Councilmember Feingold was notcd absent. t1EETING CLOSED At approximately 8:50 P.M., the meeting was adjourned into Closed Session. Upon MMS&C, by Councilmembers Failace and Feingold and unanimous affirmative vote of the full Council present the meeting was opened at approximately 9:01 P.M. Mayor Sica told Mr. Haddad that in reference to the ten charges, they find that certain charges were unwarranted and should not have been brought against him, but they are outweighed by the charges that they feel he had some direct control over or should have had direct control over. Therefore, they are going to declare that his tavern has become a nuisance to the city of Carteret. They are going to renew his license and suspend it for 60 days. Borough Attorney Coughlin said they needed to have a public hearing on the renewal of the license. At approximately 900 P.M., Councilmember William Feingold was noted present. Mayor Sica said in reference to the charges they find Mr. Haddad guilty of running a nuisance and they are going to suspend his license for 60 days. They are going to impose upon him a condition that whenever this tavern is open he must supply a security person to patrol the establishment and any violation of the conditions they place on the license will mean immediate permanent revocation. Mayor Sica made a motion to close Simon's Night Club for 60 days and implement those conditions. Borough Attorney Coughlin said they should motion that the findings and penalties should be adopted. Upon MMS&C by Councilmembers Failace and Gutowski the motion was made for the findings and penalties to be adopted. Upon individual roB call vote, Council members Bialowarczuk, DuPont, Failace, Fazekas, Gutowski voted in the affirmative. Councilmember Feingold abstained. RESOLUTION #97-212 was introduced by the Mayor and referred to the Council for action. P£SOLUTION #97-212 Upon M,\1S&C, by Councilmembers Failace and DuPont and unanimous affirmative vote of the tÜll Council present, the Mayor declared the Public Hearing to be open: There being no comments or objections to the Resolution, the Mayor dec!ared the public hearing to be closed upon MMS&C, by Council members Failace and Fazekas and unanimous affirmative vote of the full Council present. 3 JUNE 26, 1997 MEETING OPENED Simon's Night Club Con't. Councilman Feingold Noted Present Motion to Close for 60 Days Motion Adopted RESOLUTION #97-212 Renewal of ABC License - Simon's Night Club Public Hearing Hearing Closed ':þ- . ~., t, JUNE 26, 1997 Upon MMS&C, by Councilmembers Gutowski and Failace RESOLUTION #97-212 "RESOLUTION APPROVING THE RENEWAL OF ALCOHOLIC BEVERAGE CONTROL LICENSE NO. 1201-33-044-004 FOR THE 1997-1998 LICENSE TERM WITH SPECIAL CONDITlON(S) Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas and Gutowski voted in the affirmative. Councilmember Feingold abstained. Comments Mayor Sica told Mr. Haddad that they imposed he closed his bar 10 days rrom today for 60 days. Mr. Haddad asked if he could appeal. Mayor Sica told him he could appeal to Trenton. There is no appeal to this Council. Vento's Place Mayor Sica asked if anybody was here representing Vento's Place? Mr. Vento replied here. Mayor Sica told Mr. Vento that he had one charge against him. He asked Det. Sgt. Bennett Det. Sgt. Bennett said he made a mistake when he typed it up and he apologizes for that. He said there is a single charge concerning music on March 2, 1997. The individual who called, they did do a police report, wherein Vento's Bar had a loud music complaint. Music was being played by aDJ. The ollìcer spoke with the owner John Vento and the officer also spoke with the complainant Joseph Dyers who said he was awakened by loud music being played inside the bar. He said he spoke with Mr. Dyers, who had called 3 times, where his door is located is in very close proximity to the bar and whenever the bar door opens it wakes him up. The call was at 2:07 AM. Mayor Sica asked if there had ever been any other complaints rrom Vento's until now" Oet. Sgt. Bennett said no. He talked to Mr. Vento and he said the problem was the OJ. opening up the door after he had been told to close it. Mayor Sica asked Mr. Vento if he had taken steps to correct that problem? Mr. Vento said yes Mayor Sica asked ifthere were any other complaints? 14 Mr. Vento said no. He said he had his neighbors sign a petition regarding the noise from his bar and he presented the petition to the Mayor. · _ . _. _r' . _ ~ ~._...~ Mayor Sica made a motion to find him not guilty and just ask him to keep the noise down. Upon individual roll call vote, Council members Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative to find Vento's not guilty of the charge. RESOLUTION #97-213 was introduced by the Mayor and referred to the Council for action: Upon MMS&C, by Councilmembers Gutowski and DuPont and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be open: There being no comments or objections to the Resolution, the Mayor declared the Public Hearing to be closed upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present. Upon MMS&C, by Councilmembers Gutowski and Fazekas RESOLUTION #97-213 "RESOLUTION APPROVING THE RENEWAL OF ALCOHOLIC BEVERAGE CONTROL LICENSE NO. 1201-33-016-003 FOR TI-æ 1997-1998 LICENSE TERM WITH SPECIAL CONDITION(S)" ,.''".,0,._."", ~',:;\ ,'I ·,.Þ·q~. .;, was adopted. Upon individual roll call vote, Councilmembers BiaJowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Mayor Sica asked if anyone was present represent TJ's. Mr. Moorehead was present. .5 Del. Sgt. Bennett said regarding TJ.'s there were two incidents. Incident #1 ",as on November 1, 1996 was a licensed premise call, there was a report that there was a patron problem. The owner, Mr. Thomas Moorehead said that several customers at the bar were being bother by a Spanish middle-aged woman who was intoxicated. Mr. Moorehead stated that he asked her to leave the bar and she did not respond. He called the police since he did not know the person and did not want to be responsible as this person tried to drive away his business. The officers ( inaudible) Diane? who was apparently drunk and urinated in her clothes. JUNE 26, 1997 Vento's Place Can't. Not Guilty RESOLUTION #97-213 Renewal of ABC License - Vento's Place Public Hearing Hearing Closed Adopted T.J. 's Glass Bar JUNE 26, 1997 T.J. 's Glass Bar Con't. Det. Sgt. Bennett said the second was on March 20, 1997 he did allow, permit or suffer the licensed premises to bc conducted in such a manner as to become a nuisance in that the bartender, at that time, George Miller, had used the burglar alarm to get the Police to the premises. This created a problem for the police because of the type of burglar alarm. We had to have several cars respond. The alarm was used because of a fight. The bartender, George Miller, was (inaudible) of a borough ordinance in doing that. Mayor Sica asked if these were the omy two charges last year against this bar? He asked Mr. Moorehead if there was anything he wanted to say. Mr. Moorehead said with the one incident with the woman, he asked her to leave. He said he would call her a cab. He didn't want to have any problems with sexual harassment and figured the best way to do it was to call the police. He didn't want to cost the borough money, but he didn't know of any other way to get her to leave. Mayor Sica said he knows this bar. He has been in there and it's run as a nice place. It's more of a neighborhood bar than anything else. The part that disturbs him is that he should instruct his bartenders not to pull the burglar alarm because somebody could get hurt. If it's a fight, we'll let them fight until they b~at each other's head in and then lock them up. But for burglar alarms, the police respond differently. Mr. Moorehead said that was the first time it was done. He did it accidently. He had put the system in and the bartender didn't realize what he was doing. Mayor Sica said he would recommend that the Council renew this license with the condition that we keep an eye on it for the next year. He asked if anyone wanted to ask any questions? Councilmember Fazekas asked if Mr. Moorehead had any security in his bar? Mr. Moorehead said he didn't think he needed it. There are 20 stools. Mayor Sica said it's just a neighborhood bar. He again stated that he thinks they should renew Mr. Moorehead's license with the understanding that we will keep an eye on it. We will find him not guilty of these two charges. ¡lotion to Find Not Guil ty Mayor Sica made a motion to tìnd TJ.'s Glass Bar not guilty of the two charges upon MMS&C, by Councilmembers Gutowski and Bialowarczuk. Motion Passed Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Guto\\iski voted in the affirmative to find the TJ.'s Glass Bar not guilty of the two charges. 16 RESOLUTION #97-214 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the full Council present, the Mayor declared the hearing open: There being no comments or objections to the Resolution, the Mayor declared the public hearing to be closed upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the full Council present. Upon MMS&C, by Councilmembers Failace and Fazekas RESOLUTION #97-214 "RESOLUTION APPROVING THE RENEWAL OF ALCOHOLIC BEVERAGE CONTROL LICENSE NO. 1201-33-038-003 FOR THE 1997-1998 LICENSE TERM WITH SPECIAL CONDITION(S)" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Mayor Sica asked who was here representing Such's Tavern? Kinias K. Jafferian, Esq. asked that the hearing be closed. Borough Attorney CougWin said he didn't think that was a basis for a closed session. Det. Sgt. Ronald Bennett read the charges. He said the first charge was on December 6, 1996 and the last charge was on May 20, 1997. He said Such's was using the Police as a bouncer and security service. Every time there was an incident, rather than taking action they would call the police to take the action Attorney Jafferian said with respect to the charges, one of them involves some one who had gone in the bar. They had found out they had AIDS that day. Such's has no control over the fact that some one is upset. They didn't even call. Some one called because her fiance was in the bar and was concerned about her well being. They feared she might harm herself. There was another incident when there were suspicious people in the area of Such's parking lot. Such's didn't call on that one. That was the result of a call by some unknown person. The police came and investigated and at the conclusion of their investigation, the report indicates that there was no wrong doing. The only consequence was some one felt they were SUSpiCIOUS. JUNE 26, 1997 RESOLUTION #97-214 Rene,,,al of ABC License - T.J. 's Glass Bar Hearing Opened Hearing Closed Adopted Such I S Tavern JUNE 26, 1997 Such I S Tavern Con't. Attorney Jafferian said in another incident some one called and contacted the police, there was a person who had his 13 year old daughter with him and they didn't want the person to leave the premise because he was intoxicated. They didn't want him to get in his car with his child or hurt the general public. As a result of that the individual was ultimately safely escorted in custody by the police to his mother's. The rest of the charges basically involve Such's trying to keep a safe place and avoid servicing their premises. Some one would leave and the bartender didn't want to take the law into his own hands with a situation that had the potential of a charge of assault. When the person didn't leave voluntarily and they demand him to leave, they call the police. When the police were on their way that person left. In the future, they could threaten to call the police and not actually call them, which would have the same impact. In all the cases, the people left once they knew the police were on their way. Mayor Sica asked Attorney Jafferian if he wanted to put his client on? Mayor Sica swore Emil Such in. Attorney Jefferian asked Mr. Such to state his name? Mr. Such said Emil Such. Attorney Jafferian asked Mr. Such what his position was his position at Such's? Mr Such said manager. Attorney Jafferian asked how many days a week was Such's open? Mr. Such said seven days. Attorney Jafferian asked Mr. Such what were the hours of operation? Mr. Such said Monday through Saturday 9:00 AM. to 2:00 AM. Sunday 12:00 Noon until 1 :00 AM. Attorney Jafferian asked if that was 365 days a year? Mr. Such said yes. Attorney Jafferian asked how many patrons do they have coming into the bar on an average day? Mr. Such said he couldn't tell him. He said he has a liquor store and the bar separate. He never counted. He approximated 60 or 70. Attorney Jafferian asked if he did a lot of business on cash and carry? Mr. Such said yes. 18 Attorney Jafferian asked ifthat was a big part of his business? Mr. Such said yes. Attorney Jafferian asked if he had an eating area? Mr. Such said yes. He has a restaurant. Attorney Jafferian asked if that was open (inaudible) Mr. Such said he has a grill opened during the day, all the time. The kitchen is open on Wednesday night. Attorney Jafferian asked if he basically considered it a neighborhood tavern? Mr. Such said yes, a neighborhood and family tavern. Attorney Jafferian asked also a restaurant? Mr. Such said yes and transient as far as liquor packages taken out Attorney Jafferian said he didn't have any other questions. Mayor Sica asked if anyone on the Council wanted to ask Mr. Such anything. Councilmember Fazekas asked Mr. Such ifhe had his own security? Mr. Such said no. Councilmember Fazekas asked if he had any security whatsoever? Mr. Such said no. He said the problem he has is his bartender is too cautious. Councilmember Fazekas said Mr. Such provides liquor and food and asked him what time did he close the food? Mr. Such said the grill is open all the time. Councilmember Fazekas asked all the way until closing? Mr. Such said yes. Borough Attorney Coughlin asked Mr. Such how many employees did he have Mr. Such said 10. Borough Attorney Coughlin asked Mr. Such if he had any policy with regard to calling the police. j Mr. Such said no. He said he didn't realize this was a problem until he was given this last week. He spoke to the individual who made the call to let him know we were sorry and that we didn't want to become a nuisance. Evidently he was by calling the police. JUNE 26, 1997 Such's Tavern Con' t. JUNE 26, 1997 Such's Tavern Con' t. Mayor Sica asked if anyone else had any questions? RESOLUTION #97-209 Closed Session RESOLUTION #97-209 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Council members Failace and Fazekas RESOLUTION #97-209 "RESOLUTION TO GO INTO CLOSED SESSION" Adopted was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Adjourned Into Closed Session At approximately 9:20 PM., the meeting was adjourned into Closed Session. Meeting Opened Upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present, the meeting was opened at approximately 9:25 P.M. Mayor Sica advised Mr. Such that the Council would renew his license with the stipulation that he control his parking lot. RESOLUTION #97-215 Renevlz-l of ABC License - Such's Tavern RESOLUTION #97-215 was introduced by the Mayor and referred to the Council for action. Public Hearing Upon MMS&C, by Councilmembers Failace and DuPont and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be open: Hearing Closed There being no comments or objections to the Resolution, the Mayor declared the public hearing to be closed upon MMS&C, by Councilmembers Fazekas and DuPont and unanimous affirmative vote of the full Council present. Upon MMS&C, by Councilmembers Gutowski and DuPont RESOLUTION #97-215 "RESOLUTION APPROVING THE RENEWAL OF ALCOHOLIC BEVERAGE CONTROL LICENSE NO. 1201-33-043-001 FOR THE 1997-1998 LICENSE TERM WITH SPECIAL CONDITIONS" Adopted was adopted with the stipulation that Mr. Such control his parking lot. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative for the renewal of the AB.C. License with the stipulation that the parking lot be controlled. 20 Mayor Sica asked if there was anyone representing Furkist Realty, Inc, t/a Bridges? John Spoganetz, Esq. and Charles Mulliker were present. Mayor Sica asked Det. Sgt. Bennett to read the charges. Borough Attorney Coughlin said for the record, Councilmember DuPont is going to recuse himself He has indicated that he plays on a team sponsored by the license holder. He said Councilmember Bialowarczuk indicated that her sister was an employee and therefore she is also recusing herself. Det Sgt. Bennett read the following counts: Count NO.1: On September 22, ] 966, you did allow, permit or suffer the licensed premised 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 become a nuisance. Count NO.2: On December 15, 1996, 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 become a nuisance. Count NO.3: On January 26, 1997, 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 become a nuisance. Det. Sgt. Bennett said the first count on September 22, ] 996 involved an assault that occurred at approximately 1 :23 AM. Det. Sgt. Bennett said on January 26, 1997, the polic,e responded to a report of aggravated assault on Sunday morning at 2:22 A.M. The officer that was detailed (inaudible) by caller requesting an ambulance. The officer found the victim Thomas Murray laying on the dance floor and bleeding profusely from the right arm and wrist. The officers gave first aid. Thomas Murray was hit in the head with a bottle. The victim was transported to Rahway Hospital. The police looked for Mark Devine, the person who committed the assault. He was arrested at his residence. Mark Devine was charged by Carteret Police Department with the assault. The victim was found on the floor and the report doesn't give an indication of how many people were in the bar at the time or what was going on. JUNE 26, 1997 Furkist Realty, Inc. t/a Bridges JUNE 26, 1997 Furkist Realty t/a Bridges Con't. Det. Sgt. Bennett said the other incident on December 15, 1996, licensed premise call, something was going on at 2: 17 AM. all cars were detailed to 1241 Roosevelt Avenue on a report of a large fight in the parking lot. The police observed approximately 100 person in the parking lot with several groups arguing. The police officers were able to disperse all person rrom the parking area without any altercations. No person would come forward in response to questions as to what occurred prior to police arriving. They spoke to the bar manager, Ms. Sutton, who stated that the problem started in the parking area, six different groups were fighting and she did not know what the altercations were about. Det. Sgt. Bennett said the last count which was on September 22, 1996 was a bar call for a simple assault. Officers were detailed to the scene. They spoke with Mr. Palmucci who stated that words were exchanged between himself and Ms. Stenger. Something about playing pool out of turn. There is an employee who stated that he did observe the assault and they attempted to escort the woman out of the bar. Every one there was advised of complaint procedures, but no complaints were ever signed. John Spoganetz, Esq. representing the licensee asked Det. Sgt. Bennett if it was fair to say on the three counts against Bridges that he had no personal knowledge of any of them. Det. Sgt. Bennett said not of anyone of them, no. . Attorney Spoganetz asked if it was fair to state that while looking at the reports that the gentleman (inaudible) the fight at the pool table ( inaudible). Is that correct? Det. Sgt. Bennett said that was correct. Attorney Spoganetz said it looked like she hit him and then he hit her, is that correct? Det. Sgt. Bennett said that was correct. Attorney Spoganetz asked if Mr. Hmieleski is an employee of the bar? Del. Sgt. Bennett said that was correct. Attorney Spoganetz asked if Mr. Hmieleski saw the fight inside and took him outside? Del. Sgt. Bennett said according tó the report, he attempted to escort him out, that was correct. Attorney Spoganetz, ultimately there was a group in the bar, is that what it says? Det. Sgt. Bennett said yes. Attorney Spoganetz said there's nothing in this report about either party being 22 drunk, is that correct? Det. Sgt. Bennett was inaudible. Attorney Spoganetz said the employee of the licensee took the appropriate action by removing these people from the bar, is that correct. Det. Sgt. Bennett said he did take action. Attorney Spoganetz said that happened September 22, 1996, that's approximately nine months ago. Det. Sgt. Bennett said yes. Attorney Spoganetz asked on Count 2 was the crowd disbursing on December 15 1996, is that correct. Det. Sgt. Bennett said yes. Attorney Spoganetz said when the police arrived at the scene of the parking lot the crowd disbursed (inaudible) Det. Sgt. Bennett said yes it was. Attorney Spoganetz said wasn't it true that the bar manager was the one that called the police and the bar was closed at that time? Det. Sgt. Bennett said he couldn't tell hirn. Attorney Spoganetz said the report indicated (inaudible) Whatever altercation the report indicates it happened outside of the bar. (inaudible) disbursed the crowd, is that correct? Det. Sgt. Bennett said that was correct. Attorney Spoganetz said the last incident, Count 3, January 26, 1997, isn't Mr. Murray an employee of a licensed bar? Det. Sgt. Bennett said he didn't know. He said he didn't have that on his report. It tells him what they did. Attorney Spoganetz said Tom Murray's a bartender for the bar. That incident occurring on the floor with him dancing, he went to break up the incident and as a result he was seriously hurt. People at the bar called the police for an ambulance because of his injuries and he was the victim and testified against the people that were charged with the complaints. He said that is still in litigation. In this particular incident, he was the bartender who saw something on the dance floor and went to stop it and got hit over the head with a bottle. Attorney Spoganetz called for Mr. Mullecker. Mayor Sica swore Mr. Mullecker in at this time. Attorney Spoganetz asked Mr. Mulliker ifhe was the owner of Fur krist, Inc.? JUNE 26, 1997 Fur!:rist Re2lty tin Bridges Con' t. C. ~1ullecker S'lorn-in ~f",' .~ JUNE 26, 1997 "':.... Furkrist Realty Co., t/a Bridges Con't. Mr. Mullecker said he was. Attorney Spoganetz was inaudible. Mr. Mullecker said basically. Attorney Spoganetz said Mr. Mullecker's employee basically took out those two people (inaudible) Mr. Mullecker said yes. Attorney Spoganetz asked if he took out the person who was the son of the manager of the bar at the time? Mr. Mullecker said yes. Attorney Spoganetz asked if had occ~sion to speak to her about the incident Mr. Mullecker said the bar was called and the doormen got everybody out and closed the bar. Someone had said there was a fight outside. The bar was closed and they called the police. (inaudible) Attorney Spoganetz said on the other incident, number 3, he asked ifMr. Murray was the bartender at the time of this> Mr. Mullecker said yes. Attorney Spoganetz he asked Mr. Mullecker if he understood and acknowledged that Mr. Murray went to break up the incident on the dance floor? Mr. Mullecker said yeah, he went over the bar to try and stop a fight or an argument and to help get these one or two guys out. He got hit in the head with a bottle. Attorney Spoganetz asked ifhe sutI:ered any injuries. Mr. Mullecker said yes. Attorney Spoganetz asked if he was the person who testified? Mr. Mullecker said as far as he knows he filed a complaint and is suing. Attorney Spoganetz asked Mr. Mullecker how many days a week is his bar open? Mr. Mullecker said six. Attorney Spoganetz asked what the hours were. Mr. Mullecker said from 11: 00 AM. until Closing. Attorney Spoganetz asked if he had a restaurant in these premises? 24 Mr.Mullecker said yes. Attorney Spoganetz asked Mr. Mullecker if he served families and children in this area? Mr. Mullecker said yes. Attorney Spoganetz asked what kind of clients do you have on a weekly basis? . Mr. Mullecker asked if he meant people? Attorney Spoganetz said yes. Mr. Mullecker said on the average day about 100 people. Attorney Spoganetz asked Mr. Mullecker ifhe had security people hired? Mr. Mullecker said on Friday and Saturday nights. Attorney Spoganetz asked what type of security they had? Mr. Mullecker said usually four men. Two at the door and they check everybody's ID.. One walks around the place and keeps an eye on things and there is another one that walks around and goes outside and keeps an eye on the parking lot. They patrol both inside and outside. Attomey Spoganetz asked him if during the course of the past license year did he recall having any complaints against him for bottles in the parking lot or any complaints rrom neighbors about people throwing stuff on their side of the yard? Mr. Mullecker said no. Attorney Spoganetz asked if he was open evelY day of the week? Mr. MuJlecker said they were closed on Sunday Attorney Spoganetz asked if that was 305 days per year? Mr. Mnllecker said that was correct. Borough Attorney Coughlin said he heard Mr. Mullecker mention a number of employees, he asked him ifhe worked at the bar himself? Me Mullecker said no. Borough Attorney Coughlin asked ever? 5 Mr. Mu!!ecker said never. Borough Attorney Coughlin asked him how often he was there? Mr. Mullecker was inaudible. JUNE 26, 1997 Furkrist RefÜty, Inc., t/a Bridges Con' t. ">,':", JUNE 26, 1997 ~Jrkrist Realty, Inc. t/a Bridges Con't. Borough Attorney Coughlin said to check on it, but not to work there, right? He asked if he ever took a turn behind the bar? Mr. Mullecker said no. Borough Attorney Coughlin said with regard to the incident where Mr. Murray was injured, he asked Mr. Mullecker if he was present at the bar that night? Mr. Mullecker said no. Borough Attorney Coughlin said whatever Mr. Mullecker has told them is based on his understanding rrom some other party. He asked if that was correct? Mr. Mullecker said yes. Borough Attorney Coughlin asked if it was his understanding, on that night, was this the first sign of trouble between the combatants, the people who were engaged in the activity that Mr. Murray went to break up? Mr. Mullecker said the fellow that hit into him was barred from the place, but somehow he slipped in. That happens. As soon as they saw him, they tried to get him out because this particular person is known as a trouble maker. Borough Attorney Coughlin asked when was this person banned rrom the bar? That day or previously? Mr. Mullecker said previously. Borough Attorney Coughlin asked how they would go about enforcing that at the bar? If you ban someone, how do you go about enforcing it? Mr. Mullecker said all the bouncers and the manager know who is banned and if someone in the bar sees that person, they escort him out of the bar. Borough Attorney CougWin said Mr. Mullecker said on average there were 100 people a day. He asked him if it was heavier on weekends? Mr. Mullecker said on Friday and Saturday nights. Borough Attorney Coughlin asked if it was about 150 a day? Mr. Mullecker said yes. Borough Attorney Coughlin asked if in addition to pool, are there any other activities in the bar? Mr. Mullecker said no. Borough Attorney Coughlin asked him if they had entertainment? 26 Mr. Mullecker said aDJ. Borough Attorney Couhglin asked on weekends or all the time? Mr. Mullecker said just on weekends. Borough Attorney Coughlin asked MrMullecker how he would describe the alcohol level of consumption by the patrons, generally speaking? Is it a heavy drinking crowd? Mr. Mullecker said average. Borough Attorney CougWin asked him what he meant by average? Mr. Mullecker said if they are drunk they are cut off or refused service. If they try coming in and they are drunk, they are turned away. Councilmember Failace asked if the three incidents that happened, was there security there? On the weekend, on Friday or Saturday? Mr. Mullecker said yes. Attorney Spoganetz said just to wrap it up, the three incidents, rrom the reports he has æad, did not mention (inaudible) on the premises at all. Number 2, we called for help, the police came by (inaudible). Number 3 is an incident that occurred on the dance floor, our employee jumped over the bar to stop it and got seriously hurt. When Mr. Mullecker testified he talked about it. He said he didn't think with the (inaudible) people and the number of days they are open that these three incidents show repetition. They show isolated incidents which took place in September, December and January of the licensed year. The volume of business he does and where he is located on a busy highway, he didn't think he was (inaudible) whatsoever. I disagree that he may call the police (inaudible). He said he thought the bartender behind the counter had the duty to call police officers at certain times. Not to be repetitious or, use them for security, we don't do that. If there is a crowd in the parking lot, the easiest way to get a crowd to disburse is to have the police drive by with the sirens and loudspeakers and tell the people to go home. To send the young lady out or send security out to the parking lot would cause more problems. In essence that is all he has to say. They broke up two fights there and the two incidents were six months apart. Borough Attorney Coughlin asked if there were conditions on the license now? 7 Attorney Spoganetz said they looked back in the file and in 1994 where they were asked to put security in the parking lot on Friday and Saturday nights. The license years for the last two years has had no problem. He said he thinks this bar in West Carteret had the highest volume of people going in and out all day opposed to the other bar that is open three nights a week and had eight incidents as opposed to 305 days a year with a restaurant and everything and only had three incidents in a year. He said he was sure that if the police department thought they were having problems back in September of 1996 they would have filed charges on that one incident. Nobody ever filed charges. Few people hire security inside and outside. JUNE 26, 1997 Furkrist Realty Inc. t/a Bridges Con' t. i:'. '-'--^ JUNE 27, 1997 Furkrist Realty Inc. t/a Bridges Con' t. Borough Attorney Coughlin asked if there was any intention of changing that? Attorney Spoganetz said no. He said it was worth it. They haven't had a real problem outside since 1994. Borough Attorney Coughlin asked if he had four people on security? Mr. Mullecker said on Friday and Saturday night there are four unless someone doesn't show up. Normally there are four. Borough Attorney Coughlin asked if they were identifiable? Mr. Mullecker said they wear shirts that say Bridges. Staff shirts. Borough Attorney Coughlin asked if they specifically work security or do they do other work? Mr. Mullecker said they just do security. They walk around inside and outside. He said sometimes there are problems in any bar. People start drinking (inaudible) so security has to stop them and that can cause problems. RESOLUTION #97-210 Closed Session RESOLUTION #97-210 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Fazekas and Gutowski RESOLUTION #97-210 "RESOLUTION TO GO INTO CLOSED SESSION" Adopted was adopted. Upon individual roll call vote, Councilmembers Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Councilmembers Bialowarczuk and DuPont abstained. Meeting Closed At approxir..ìately 9:48 P.M., the meeting was adjourned into Closed Session. Meeting Opened Upon MMS&C, by Councilmembers Bialowarczuk and DuPont and unanimous affirmative vote of the full Council present the meeting was opened at approximately 9:56 P.M. Mayor Sica said the Council has máde a decision that they find that Bridges has become a nuisance. In the past there were serious fighting problems there aud it straightened itself out when the Council put the stipulation that they have security. He '¡aid they will now find Bridges guilty of being a nuisance and impose the restriction t hat they continue to have bouncers in the parking Jot and in the bar and suspend their license for ten days beginning July 10th. 28 ".,..., Mayor Sica made a motion to find Bridges guilty, suspend the license for 1 0 days and they must keep security there. Upon MMS&C, by Councilmembers Failace and Fazekas and individual roll call vote" Councilmembers Failace, Fazekas, Feingold and Gutowski voted in the affirmative to find Bridges guilty, suspend their license for 10 days and keep security. Councilmembers Bialowarczuk and DuPont abstained. RESOLUTION #97-216 was introduced by the Mayor and referred to the Council for action Upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present, the Mayor declared the Public Hearing to be open: Upon MMS&C, by Councilmembers Fazekas and Failace and unanimous affirmative vote of the full Council present the public hearing was closed. RESOLUTION #97-216 "RESOLUTION APPROVING THE RENEWAL OF ALCOHOLIC BEVERAGE CONTROL LICENSE NO. 1201-32-031-007 FOR THE 1997-1998 LICENSE TERM WITH SPECIAL CONDITIONS" was adopted with the following stipulations: four (4) security people and ten (10) days revocation oflicense from July 10, 1997 to July 20, 1997. Upon individual roll call vote, Councilmembers Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Councilmembers Bialowarczuk and DuPont abstained. Mayor Sica asked who was left? Municipal Clerk Barney said Five Corners and she had a few that just had to be renewed. Mayor Sica called Det Sgt. Bennett. :9 Gerald Glennon, Esq. requested a closed hearing. Mayor Sica said they were not at liberty to do that. It imposes the Sunshine Law. He thought they could, but they can't. JUNE 26, 1997 Notion - Guilty Found Guilty RESOLUTION #97-216 ABC License Renewal with Stipulations Furkrist Realty, Inc. t/a Bridges Public Hearing Hearing Closed Adopted Gilda R., Inc. t/a Five Corners Inn .,.~,~, ;, -:·1t' ." ,~ ',,"4:,:':<,,~;. '."'.,;- ~ JUNE 26, 1997 Gild~ R., Inc. t/a Five Corners Inn Can't. Gerald Glennon, Esq. said for the record, he was representirigŒlda R., Inc. t/a Five Corners Inn located 74 Pershing Avenue. Det. Sgt. Bennett said before he started reading the charges that there is a correction on Count #10. The date should read July 1, 1996. Count # 1 and Count # 2 are essentially the same. On January 16, 1997, they did allow, permit or suffer in and upon the licensed premise unlawful activity pertaining to the controlled dangerous substances as defined by New Jersey Controlled Dangerous Substance Act (N.1.S.A 24:21-1 et seq.) that on the aforesaid dates they allowed, permitted or suffered the procuring and distribution of substances as defined by the New Jersey Controlled Dangerous Substance Act ( N.JS.A. 24:21-1 et seq.) in violation of NJ.A.C. 13:2- 235(b) Count # 3 on March 11, 1997 you allowed, permitted or suffered in and upon your licensed premises, unlawful activity pertaining to controlled dangerous substances as defined by New Jersey Controlled Dangerous Substance Act (NJ.S.A. 24:21-1 et seq.) that on the aforesaid date, you allowed, permitted or suffered the procuring and distribution of substances as defined by the New Jersey Controlled Dangerous Substance Act (N.1.S.A 24:21-1 et seq.) in violation ofNJ.A.C. 13:2-23.5 (b). Count #4 on April 9, 1997, you allowed, permitted or suffered in and upon your licensed premises, unlawful activity pertaining to controlled dangerous substances and defined by the New Jersey Controlled Dangerous Substance Act (N.1.S.A 24:21-1 et seq.), that on the aforesaid date you allowed, permitted or suffered the procuring and distribution of substances as defined by the New Jersey Controlled Dangerous Substance Act (NJ.S.A. 24:21-1 et seq.) in violation ofNJ.A.C. 13:2-23.5 (b). Count #5 on May 23, 1997, you allowed, permitted or suffered in and upon your licensed premises, unlawful activity pertaining to controlled dangerous substances and defined by the New Jersey Controlled Dangerous Substance Act ( N.1.S.A. 24:21·1 et seq.) that on the aforesaid date you allowed, permitted or suffered the procuring and distribution of substances as defined by the New Jersey Controlled Dangerous Substance Act (N.1.S.A 24:21-1 et seq.) in violaíion ofNJ.A.C. 13:2-23.5 (b). Count #6 on May I, 1997, you allowed, permitted or suffered in and upon your licensed premises, unlawful activity pertaining to the sale of stolen property to customers and patrons thereby permitting the licensed premises to be used in the furtherance or aid or accessible to aid in the furtherance of an illegal activity known as fencing of stolen property, this act in violation of N.J.A.C. 132-a5 (c). Count #7 on December 17, 1996, you allowed, permitted or suffered in and upon your licensed premises, the sale, service or delivery of an alcoholic beverage either directly or indirectly to three (3) minors under the Jegal age 30 to purchase or consume alcoholic beverages and did allow, permit or suffer the consumption of an alcoholic beverage on the licensed premises by three (3) minurs under the legal age to purchase or consume alcoholic beverages, this act in violation ofNJ.A.C. 13:2-23.1 (a) ·,,~'ß"e_~ '" JUNE 26, 1997 Count #8 on May 10, 1997, you allowed permitted or suffered in and upon your licensed premises, the sale, senlice or delivelY of an alcoholic beverage either directly or indirectly to two (2) 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 licensed premises by two (2) minors under the legal age to purchase or consume alcoholic beverages, this act in violation ofNJAc. 13:2-23.1 (a). Gilda R., Inc. Fi,'€ Corners TÐ."v-ern Con't. Count #9 on June 3, 1997, you allowed, permitted or suffered in and upon your licensed premises, the sale, service or delivery of an alcoholic beverage either directly or indirectly to two(2) minors under the legal age to purchase or consume alcoholic beverages, this act in violation of N.JA.C. 132-23.1 (a). Count #10 between the dates ofJuly I, 1996 and June 11, 1997, you did allow, permit or suffer the licensed premises to be co¡¡ducted in such a manner as to become a nuisance by permitting brawls, acts of violence, disturbances and unnecessary noise. This act in violation of NJ.AC. 13:2-23.6 (a) Det. Sgt. Bennett said the complaints with regard to the sale and distrihution of narcotics in Count # J and Count #2 involve Middlesex County Narcotics Task Force in conjunction with the Carteret Police Department. Twice on the 16th ofJanuary, 1997 drugs were purchased in the bar and the Task Force with the aid of the Carteret Police Department arrested two persons for the sale of drugs to undercover personnel of the Middlesex County Task Force. On Count #3 it involved the individual who purchased a controlled dangerous substance, who admitted purchasing on the premises after he was arrested for possession of an assault weapon in violation of the New Jersey assault weapon law. He acknowledged that he purchased it inside Five Corners. On Count #4 April 9, 1997 there was an act of simple assault on the premises. Mr. VanOrden who was inside the bar was punched in the mouth by a Hispanic male. No further description was given of the male. Mr. VanOrden had returned to the bar to rettieve his eyeglasses with the officers. Mr. Blackshaw, the bartender, said that the Hispanic male approached Mr. VanOrden for no apparent reason and punched him in the face. Mr. Blackshaw said a group formed around the two men and he was able to disperse the group preventing any further incident. Also on Count #4 involved narcotics on the licensed premises. It involved the arrest of a known drug user who was arrested on the premises, Veronica DeAngelo, for the possession of narcotics paraphernalia on the premises. 31 Count #5 on May 23, 1997 permitted controlled dangerous substances in that persons, specifically Ramon Montalvo was arrested on the premises. He had been observed making a narcotic transaction by an officer stationed at the scene specifically to monitor narcotics (inaudible) in and around Five Corners Tavern and around Pershing and Roosevelt Avenues. They observed Mr. Montalvo and arrested him inside the bar for the possession of narcotics. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Tavern Can't. Count #6 May 7, 1997 the police received a call that two individuals who are known for burglary, known as Donna and Kevin Ward were in the bar selling tools. Specifically, Craftsman Tools. When Donna Ward was arrested she was found to be in possession narcotic paraphernalia and C.D.S. With regard to the tools that had been sold, they were sold to a black male for $20.00 and he had left the area before the tools were recovered and before he could be identified. Count #7 occurred on 12/17/96 they allowed permitted or suffered the sale of alcoholic beverages to three minors on there licensed premises. Officers on routine patrol observed a Blue Toyota Celica parked along side Five Corners Tavern in a posted no parking zone. They approached the person sitting behind the wheel and asked him to produce his license, registration and insurance card. He failed to produce a Driver's License. The officer recognized the individual as Adam Guszaly from a motor vehicle stop prior to that. The driver of the car stated that his friends were inside the bar using the bathroom. The Officer went inside and found four individuals who were being served beer at that time, he asked all four individuals to come outside. He asked for their I.D.'s and three of them were found to be under the legal age of twenty-one (21). The bartender, Mr. Vincent Blackshaw, stated that when the individuals sat at the bar he asked all four of them for I.D.'s and two individuals, later identified as Mr. Petty and Mr. Galamb produced college I.D's. The third individual did not have one with him. Mr. Blackshaw believed the college I.D.'s to be valid. He believed everybody to be oflegal age. Three of the four people had been served alcoholic beverages. The three individuals involved were served with summonses at the time for violation of borough ordinances They were processed here at Carteret Municipal Court. Count #8 which was on May 10, 1997 the bartender allowed the sale and consumption of alcoholic beverages on premises. The bartender was Matthew Rogala. Two individuals both under the age of twenty-one were inside the licensed premises. They were sitting at a table and there were several glasses of alcoholic beverages and a pitcher of beer on the table. They all stated they were twenty-one, but vyhen they produced I.D. they were found to be under twenty-one years of age. All three persons involved, the under age drinkers and the bartender, Mr. Rogala, were charged by the Police Department They were processed here in our municipal court Count #9 involved the employee Mr. Blackshaw, who sold beer to an underage individual on June 3rd. Count # 1 0 between July], 1996 and the date the charge was prepared the bar was operated in such a manner as to become a nuisance in the borough. The charge is selling alcoholic beverages to minors. Det. Sgt. Bennett said in regard to the first couple of charges involving the sale and distribution of drugs to undercover personnel, those are still pending in the Middlesex County Grand Jury. He said the names are blacked out on some of the rcports because these cases are still pending with the County Prosecutor's Office. 32 Councilmember Fazekas asked if those purchases were being made in the bar? Det. Sgt. Bennett said the narcotics were being purchased inside the bar. .,. Councilmember Fazekas asked if the purchases were made in the presence of employees of the bar? Det. Sgt. Bennett said he had the opportunity to talk to the undercover officers who said the purchases were made directly in the bar area. Mayor Sica asked Det Sgt. Bennett if there was anything else? Det. Sgt. Bennett said the reason he is bringing this up is two years ago the same situation had occurred and we are looking at charges based on the same problems. He said the management at the bar is very poor management. Attorney Glennon asked Det. Sgt. Bennett if he was involved in the investigations? Det. Sgt. Bennett said he was not. He said he was involved with two of the undercover investigations. Attorney Glennon asked which were they? Det Sgt. Bennett said the two from January 6th. Attorney Glennon asked if he was present when those two incidents took place? Det. Sgt. Bennett said no. He came in to help process the complaints. Attorney Glennon asked if Det. Sgt. Bennett helped the prosecutor process the paperwork, but was not present at the incident? Det. Sgt. Bennett said no he was not. ¡, Attorney Glennon said regarding the incident on January 16th in Count 1 and Count 2 allegedly the procurement and distribution ofC.D.S. Are these the incidents he is referring to when he said he spoke to an undercover agent in Trenton? Det. Sgt Bennett said yes. Attorney Glennon said Det. Sgt. Bennett indicated to the Board that the personnel involved with this advised him that it took place within the tavern premises? Det. Sgt. Bennett said yes. Attorney GlemlOn asked him if they told him where within conjunction of the bar it took place? 3 Det. Sgt. Bennett said no. He didn't ask them to be specific. He just wanted to know if it took place inside the bar. Attorney Glennon asked with respect to Count # 1 indicates that the "Narcotics Task Force of Middlesex County and other Carteret Police in the Chrome section of town", he said he was unfamiliar with the terminology and asked what the "Chrome Section" was? JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Tavern Con' t. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Tavern Con't. Det. Sgt. Bennett said it was an area of the town, so called Chrome after an old factory that was once there, the Chrome Works. Attorney Glennon asked if that area is considered by the Carteret Police Department to be a high crime area. Del. Sgt. Bennett said yes. Attorney Glennon asked, based on Det. Sgt. Bennett's experience and the experience of the Police Department, is it known as a high drug area? Det. Sgt. Bennett said yes it is. Attorney Glennon said the report of January 16th, refers to a radio transmission ITom the Middlesex County Task Force and the drug transaction took place inside Five Corners Tavern, is that correct? Det. Sgt. Bennett said yes. Attorney Glennon asked him if he knew if it was a distribution to an undercover agent or a buy from an undercover agent? Det. Sgt. Bennett said it was a buy by the undercover agent. Attorney Glennon asked if thar report specified if it was a sale or a buy? Det. Sgt. Bennett no, it doesn't specify. Attorney Glennon asked how he kn()w? Del. Sgt. Bennett said the incident on that particular day (inaudible) Attorney Glennon asked if it was a buy from the undercover agent? Det. Sgt. Bennett said no The undercover agent did the buying. Attorney Glennon asked ifDet. DeFelice, Carteret Police Department, arrived at the scene? Det. Sgt. Bennett said yes. Attorney Glennon said and Det. DeFelice found a black female matching the description of the woman who participated in this buy outside the bar? Det. Sgt. Bennett said Del. DeFelice is sitting right across ITom him and he should answer those questions. Attorney Glennon asked Del. De Felice ifhe found this woman outside the bar/ 34 Mayor Sica said they have to swear Det. DeFelice in and Attorney Glennon should question him after he is finished with Det. Sgt. Bennett. JUNE 26, 1997 Attorney Glennon asked if based on the report, did it indicate that (inaudible) was found (inaudible). Gilda R., Inc. t/a Five Corners Tavern Con 1 t. Mayor Sica said he didn't think they were here tonight to find out the quantity of drugs being sold. They have to make a determination based upon the report ifthere is a problem with that bar Attorney Glennon said if a person has a piece of tin foil that's about the size of a dime and hands it to another person in a covert manner where a person in close proximity could see it as opposed to someone bringing in a five pound brick of marijuana and selling it openly, there is a substantial difference All he is trying to do is ascertain what the nature of it was and what the quantity of it was. Mayor Sica said he didn't think the quantity or quality means anything to them. The fact is there is a problem that requires the Middlesex County Narcotics Task Force to come into Carteret and keep this bar under surveillance because of alleged drug transactions. That in it self could constitute a nuisance. Attorney Glennon said this individual, after her arrest, was found to have outstanding warrants. Is that correct? Det. Sgt. Bennett said yes Attorney Glennon asked if that was known prior to her arrest? To his knowledge? Det. Sgt. Bennett said to his knowledge he didn't know anything. Attorney Glennon asked if trns report or anything regarding this particular incident reflect the fact that the principals of Gilda R. Inc., or Five Corners Tavern were advised of the existence of this particular incident in close proximity after the arrest took place? Det. Sgt. Bennett said he didn't know if they were or not. He has no way of knowing that. Attorney Glennon said on January 16, 1997, you testified that also involved the procurement or distribution. Det. Sgt. Bennett said that was correct. Attorney Glennon said regarding that report, does that indicate whether that transaction wa~ a buy or a sell? 5 Det. Sgt. Bennett said the report indicated an undercover person bought drugs because at the time the individual was arrested, they had in their possession the marked money the county had used to purchase these drugs. Based solely on that. Attorney Glennon asked if the individual would have been given marked money? Det. Sgt. Bennett said the individual would have been given marked money. JUNE 26, 1997 GIlDA R., INC. t/a Five Corners Inn Continued Attorney Glennon said based upon this report, this does not advise you or tell you what in fact was sold to the undercover person. Det. Sgt. Bennett said CDS. Attorney Glennon said this transaction involved a tall black male wearing a blue jacket and a knit hat, correct? Det. Sgt. Bennett said that was the description. Attorney Glennon said pursuant to this report, after this transaction allegedly took place, this individual left the bar and proceed to Charlie's Pub. Is that correct? Det. Sgt. Bennett said yes. Attorney Glennon said the police officers let him go to the pub to arrest him. Is that correct? Det. Sgt. Bennett said yes. Attorney Glennon asked if that was where a major incident took place with this individual and a police officer. Det. Sgt. Bennett said yes, inside the bar at Charlie's Pub. Attorney Glennon asked if to the Detective's knowledge was any principal of Gilda R. Inc., t/a Five Corners Inn in close proximity. Det.Sgt. Bennett said no. His understanding of undercover was they wanted to go back into the bar and were advised (inaudible) Attorney Glennon asked ifhe knew where in the tavern premises (inaudible) Det. Sgt. Bennett said no he didn't. Attorney Glennon said with respect to Count 3, also an allegation of CDS. This is the incident where a tractor trailer with out of state registration plates were involved? Det. Sgt. Bennett said yes sir. Attorney Glennon said this is the incident where he advised the board that one of these individuals asked if he was served and he said he purchased CDS inside Five Corners Inn. Det. Sgt. Bennett said he specifically said crack cocaine. Attorney Glennon said the detective in regard to this drug is solely relying on the language or statement of the arrestee. Det. Sgt. Bennett said and his sworn statement made later. 36 Attorney Glennon said those were not part of the documents that were provided, is that correct? Det. Sgt. Bennett said yes. JUNE 26, 1997 Attorney Glennon asked if this individual was found outside the tavern premises? Gilda R., Inc. t/a Five Corners Inn Continued Det. Sgt. Bennett said that was correct. He was in a vehicle that was stopped and searched. Attorney Glennon said there was also found another individual in the sleeping compartment of this tractor-trailer, is that correct? De!. Sgt. Bennett said yes. Attorney Glennon said after conversations and discussions between these two individuals and the police that were involved in this matter, a consent was given to search the truck, is that correct? Det. Sgt. Bennett said there was a consent to search the truck Attorney Glennon said based upon that search a marijuana roach was found, is that correct? Det. Sg!. Bennett said yes. Attorney Glennon said and two marijuana pipes and a roach clip and a revolver? Det. Sgt. Bennett said and a revolver. Attorney Glennon said a tech DC9 anti.. De!. Sgt. Bennett said that was a classified assault weapon in New Jersey. Attorney Glennon asked if it was found in the truck? Det. Sgt. Bennett said in the truck. Attorney Glennon said and 19 rounds of Remington Full Metal Jackets and one 32 round magazine and an army knife. And that was also classified in the report as (inaudible) Mayor Sica said he thinks they are running far afield. There are no charges against Five Corners for anything to do with a 9 millimeter gun or steel jacket bullets or a knife. Just the crack cocaine. Attorney Glennon said the gun was mentioned by the detective. Mayor Sica said but not in any reference to the criminal act conducted by Five Corners. This is just a basic police report. The only part of the report that the Council is concerned with is there is anything mentioning Five Corners pertaining to any kind of illegal activity. Nothing pertaining to a gun or anything like that. We would sit here forever going through all this. He doesn't mind him asking about the rock cocaine and the point where the officer is testing that he purchased the rock cocaine in Five Corners, that they will take into consideration, but the gun has nothing to do with Five Corners. Attorney Glennon said with all due respect, he just wanted to have that clarified that it was not in the tavern. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Mayor Sica said each member of the Council has a report from Det. Sgt. Bennett and he thinks they are intelligent enough to know that nowhere in that report does it implicate Five Corners having anything to do with the possession of the gun or knife or anything like that. Attorney Glennon asked about Count 4, April 9, 1997, again this was an incident involving CDS. Det. Sgt. Bennett said there were two incidents. Attorney Glennon asked if that was the one he referred to in Count 4 when he narrated the allegations. Det. Sgt Bennett said yes. Attorney Glennon said the report relating to this particular incident of Veronica DeAngelo, she was known to the police officers prior to her arrest, is that correct? Det. Sgt. Bennett said yes. Attorney Glennon said she was walking along Roosevelt Avenue, entering the bar and the officer believing there was warrants for her radioed headquarters for a check and determined that there was in fact an active warrant. Thereafter, he immediately (inaudible) Ms. DeAngelo from the bar (inaudible) How long was Ms. DeAngelo in the bar? Det. Sgt. Bennett said he had no idea. Attorney Glennon asked if she was placed under arrest as a result of finding out there was a warrant for her? Det. Sgt. Bennett said yes. Attorney Glennon asked if she was removed from the bar? Det. Sgt. Bennett said yes. Attorney Glennon asked if that was when she was searched and found in possession of a pipe and a certain medicine bottle? Det. Sgt. Bennett said yes. Attorney Glennon asked if there was any indication that she ever took (inaudible) bar? Det. Sgt. Bennett said no sir. Attorney Glennon said Count 10 involves an incident assault and the report indicates a Hispanic male approached Mr. VanOrden, who was just standing at the bar, and punched him in the nose. Based upon his knowledge does he consider this, based upon the language of the report, was it a sucker shot? 38 Det. Sgt. Bennett said yes. JUNE 26, 1997 Attorney Glennon asked based on the Detective's knowledge was any bartender or principal of the bar present at that time have any opportunity to stop this? Gilda R., Inc. t/a Five Corners Inn Continued Det. Sgt. Bennett said not knowing who the individual was, he couldn't say whether the bartender knew this person. Nothing in the report would indicate that. Attorney Glennon said Count 5 referred to a Ramon Montalvo. In his narrative to the board, the detective indicated that this took place in the bar or on the tavern premises. Det. Sgt. Bennett said it took place right outside the bar. What Mr. Glennon is looking at a supplementary part of an overall investigation. The major part of the investigation could not be put forward to this board because of the Grand Jury and so forth. There were a number of arrests made that night. Ramon Montalvo was one of several. This one occurred in and around the area of the bar. He had been going back and forth into the bar and they stopped him outside. He was specifically charged with loitering for distribution. The overall investigation is about 45 pages long. Mayor Sica said Det. Sgt. Bennett is trying to show that it is becoming an attractive nuisance, if in fact all these things are true. It's not a detailed summary of exactly what happened. All we know is that there has been constant narcotic problems at this particular establishment. All we are showing is a series of events that leads up to charges being brought here tonight of it being a nuisance. We are not proving anybody innocent or guilty here of selling or buying narcotics, but that there is a problem at that particular establishment. Attorney Glennon said he was just trying, in regards to this particular charge, to ascertain whether it occurred inside or outside the tavern's premises. He thinks that is of great significance. Mayor Sica said the Detective has testified that this gentleman was inside and outside the tavern on numerous occasions while they were under surveillance and at that particular time when they stopped him they found he had stuff on him. We are not saying it was bought or sold inside the bar, but we are saying this gentleman went in and out of the bar numerous times and when he was stopped he had narcotics on him. Not that it was bought inside the bar. That is not said here. Attorney Glennon said this is based upon documents that this detective just referred to that are up in the Grand Jury that he was not privy to and this report makes no mention of the fact that this individual was ever inside Five Corners Tavern that evening. Mayor Sica said it says he was in there. 9 Attorney Glennon said it did not. That is the very reason he respectfully requested time for which to obtain all other additional discovery that is necessary, so this board will know exactly what happened. Not based upon a summary report and then finding out by hearsay rrom Detective Bennett, with all due respect to him, but an investigation that is pending in the county. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Mayor Sica said on that particular instance they will take that into consideration. Attorney Glennon thanked the Mayor. He asked if this report reflects that Mr. Montalvo was ever in the tavern premises? Det. Sgt. Bennett said this part of the report does not reflect that. Attorney Glennon asked if he was seen on the street by an officer and his description was radioed to another one. Is that correct? Det Sgt. Bennett said that was correct. Attorney Glennon said he was stopped proceeding on Pershing Avenue toward Lower Roosevelt? Det. Sgt. Bennett said yes. Attorney Glennon said it says near the Five Corner Bar. Det. Sgt. Bennett said that was correct. Attorney Glennon said he was immediately detained and taken to headquarters. Det. Sgt. Bennett said yes. Attorney Glennon asked if he was served at headquarters? Det. Sgt. Bennett said that was correct. Attorney Glennon asked if any drugs were found on him? Det. Sgt. Bennett said just paraphernalia. He apologized and said it just says about the money. He tried to explain that he can't give him the whole report. Mayor Sica said he didn't have to explain it. They understand that and they are not going to lend any credibility to the fact that he didn't go in, we will just ignore it, so he is just beating a dead horse. Attorney Glennon said in regard to Count 6 on May 1, 997, this had to do with certain tools that Donna Ward..... Det. Sgt. Bennett said it was stolen property. Attorney Glennon continued and said based on the totality of the investigation after this particular case and the Officer's investigation and discussion with the father ofthe two Ward individuals, stolen property was found in their home. Is that correct? Det. Sgt Bennett said this was part of the investigation where both of these 40 people come up before the Grand Jury on July 15 and he cannot give him the rest of the report related to this. This particular aspect of the report has been downgraded to disorderly. JUNE 26, 1997 Attorney Glennon said this involved the allegation that a Donna Ward entered the Five Corners Tavern and sold tools to a black male for $20.00 This report doesn't indicate whether the tools were new or used, does it? Gilda R., Inc. t/a Five Corners Inn Continued Det. Sgt. Bennett said no. Mayor Sica said he didn't have to answer that because it has nothing to do with it. He said he didn't care if they were 100 years old, if they didn't belong to Donna Ward and they were stolen and they were being sold was all he cared about. It doesn't matter whether they are new or old. Attorney Glennon asked ifhe cared if the principals of the tavern premises knew that this occurred? Mayor Sica said he didn't say he knew it occurred. This is indicating that there were stolen tools sold at that place. That indicates to him that there is a problem with the place. Not whether the owner knew it or not. Somebody knew enough to go down there and sell tools at this place because nobody cared. Attorney Glennon asked who didn't care? Mayor Sica said obviously the owner didn't care if somebody was selling tools in their place. Whether they were new or used, old or stolen doesn't matter. It's a bar not a place to sell tools. It did occur in that bar, with or without the owner's knowledge means nothing. Attorney Glennon asked where was this in proximity to the bar? Det Sgt. Bennett said it was outside about ten blocks away. Attorney Glennon said in regard to Count 7, December 17, 1997, this report indicates that two of the four individuals produced college I.D. and they were subsequently found to be falsified? Det. Sgt. Bennett said yes. Attorney Glennon said one indicated he had a military I.D.? Det. Sgt. Bennett said yes. Attorney Glennon said he lost it. Det Sgt. Bennett said that is what the report said. Attorney Glennon said with regard to Count 8 that also involves the allegation of sales to minors. Is that correct? Det Sgt. Bennett said that was correct. 1 Attorney Glennon asked if the Detective was testifYing he would be relying on the report? Det. Sgt. Bennett said that was correct. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Attorney Glennon said regard to Count 9 on June 3, 1997 involved the sale to two minors? Det. Sgt. Bennett said yes sir it does. It was a sale of a six pack. Attorney Glennon said with regard to that report the bartender indicated that the person who purchased the beer and was found to be in possession of it was somebody he had proofed before. Is that correct? Det. Sgt. Bennett said that is what he is saying. Attorney Glennon said this individuals came into the bar, purchased the beer and exited the rear door when they saw the officers? Det. Sgt. Bennett said yes. Attorney Glennon said outside the bar was when they were stopped and arrested. Det. Sgt. Bennett said that was correct. Attorney Glennon asked what were they alleging Count 10 involves? What took place July 1, 1996. Det. Sgt. Bennett said the acts that he has presented here have created a situation where the Five Corners Inn is becoming such a nuisance we are actually assigned special task force personnel and Carteret Police Department personnel to that area to monitor drug traffic. Attorney Glennon said this count alleges between July I, 1996 and June 11, 1997. Det. Sgt. Bennett said it is all encompassing charge just to show that during the license year, the licensed premises were being conducted in such a way as becoming a nuisance to the Borough of Carteret. Attorney Glennon asked if that is encompassing the prior nine counts? Det. Sgt. Bennett said yes, the prior nine counts. Attorney Glennon said the oldest of the nine counts is Count 7, December 17, 1996. Is it not? Det. Sgt. Bennett said it was the oldest one he came up with. Attorney Glennon said this particular Count 10 does not involve any allegations of CDS, does it? Det. Sgt. Bennett said it involves all the nine counts. Specific, overall, encompassing (inaudible) It includes the narcotics, the fight, the sale of alcoholic beverages and the fact that we specifically have to assign personnel to that area just to monitor the drug activity in and around Five Corner Tavern and that Pershing Avenue area. 42 JUNE 26, 1997 Attorney Glennon asked if there were any reports specifically relating to acts of violence other than this one assault incident? Gilda R., Inc. t/a Five Corners Inn Continued Det. Sgt. Bennett said that was the only assault incident. The charge is a generic charge. He just put all the terminology in there to cover any and all circumstances. Attorney Glennon thanked Det. Sgt. Bennett. Mayor Sica asked if there was anything else? Attorney Glennon said yes and called Mr. Rogala. The Mayor swore Mr. Rogala in. Attorney Glennon asked him to state his full name for the record. Matthew T. Rogala. Attorney Glennon asked if he was involved with the Five Corners Inn at 74 Pershing Avenue? Mr. Rogala said yes. Attorney Glennon asked who owns the bar? Mr. Rogala said his father. Attorney Glennon asked if his father was present. Mr. Rogala said he was here. Attorney Glennon asked Mr. Rogala ifhe heard the allegations? Mr. Rogala said he did. Attorney Glennon asked how often did he work the bar? Mr. Rogala was inaudible. Attorney Glennon asked what time did the bar open during the week? Mr. Rogala said at 10:00 AM. until (inaudible) and on Sundays they close at 9:00 P.M. Attorney Glennon asked what about Saturdays? Mr. Rogala said sometimes they close at midnight. Attorney Glennon asked what is the usual patronage during the weekday? Mr. Rogala said 40 to 60 people Attorney Glennon asked about weekends? JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Mr. Rogala said about the same. Attorney Glennon asked how big was the bar? Mr. Rogala said about 15 or 16 stools. There are six or so tables. Attorney Glennon asked Mr. Rogala if on January 16, 1997 was he aware or did he become aware prior to being served or his father being served having read these allegations of the violations against Five Corners of any controlled dangerous substance transactions between any individuals. That includes undercover police. Mr. Rogala said no. Attorney Glennon asked him ifhe at anytime from July 1, 1996 to the present ever see any Controlled Dangerous Substance, or what he knew to be CDS in the bar. Mr. Rogala said no. Attorney Glennon asked if he knew or was he present on May 1, 1997 when a young lady entered the bar and attempted to sell a box of tools? Does he recall if he was present on that day? Mr. Rogala said no. He was positive he would remember if he saw something like that Attorney Glennon said if he was present and didn't see it, did he hear about the tools subsequently? Mr. Rogala said he hadn't Borough Attorney Coughlin said he wasn't clear. Was Mr. Rogala in the bar that day? On May 1 st? Mr. Rogala said he would have to know what day of the week it was for him to recall if he was present Mayor Sica asked if he recalled the tools being sold? Mr. Rogala said he didn't recall anything being sold. Borough Attorney Coughlin told Mr. Rogala that May 1st was a Thursday Mr. Rogala said no, he wasn't there. Attorney Glennon asked ifhe was present as a bartender when minors were served alcoholic beverages? Mr. Rogala said yes 44 Attorney Glennon said that was Vincent Siano and Jason Boyle. Mr. Rogala said yes. Attorney Glennon asked him to relate to the board what took place based upon his recollection. Mr. Rogala said a group of four people, two couples, three of him he knew, one he didn't. The one gentleman that he didn't know he asked for J.D. and he gave him a New Jersey Driver's License with his photo on it and his date of birth was 1973. They ordered a couple of pitchers of beer. He served them and they sat at the table. They were there for an hour or so. As they were cleaning up, two police officers entered the bar, one ITom the ITont door and one from the back. They looked around the bar and the one ITom the front walked to the back and had a conversation. The officer came back up to the table where they were sitting and asked one gentleman to walk outside. What they did outside he doesn't know, but about 20 minutes later the officer came inside and told him the gentleman was a minor that he served He was asked if he had proofed him and he said yes. The officer walked away. Attorney Glennon asked how many were there all together? Mr. Rogala said there was a group off our. Two couples. Two males and two females. Attorney Glennon asked how many he knew? Mr. Rogala said he knew three out of the four. Attorney Glennon asked him if he proofed the other one? Mr. Rogala said he proofed him. Attorney Glennon asked if he had furnished identification satisfactory to Mr. Rogala? Mr. Rogala said yes, a New Jersey State Driver's License. Attorney Glennon asked if he knew the other three to be over 21 ? Mr. Rogala said yes, he had carded them a few times before. Attorney Glennon asked him if he knew where the other individual came from? Mr. Rogala said he didn't know where the other individual came from when the police officer stated there were two minors. Attorney Glennon asked during the allegations with regards to the Ward account, does he recall any specific incidents that he was present at the bar, whether working or just present at the bar? ·5 Mr. Rogala said he believes there were two counts. One with Ramos and (inaudible). Attorney Glennon asked which matter did this involve? Mr. Rogala said not the Ramos one, but one that happened on that same day. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Attorney Glennon said April 9th. Mr. Rogala said he was working that night when a police officer came in and this man was sitting at a table right next to the pool table. They came in looked around, searched that person and left. Attorney Glennon asked if they took him with them? Mr. Rogala said he didn't recall, he was waiting on customers. Attorney Glennon asked him if he knew this individual prior to that time? Mr. Rogala said he had seen him in the bar. Attorney Glennon asked if he knew he had possession or possibly had possession of drug paraphernalia or any drugs, CDS? Mr. Rogala said no. Borough Attorney Coughlin asked Mr. Rogala asked if he was working on January 16, 1997? Mr. Rogala said he is usually there on Wednesdays, Fridays, Saturdays. He pops in on a Tuesday or Thursday. Det. Sgt. Bennett said January 16th was a Tuesday. Mr. Rogala said that would have been his partner Mr. Blackshaw. Borough Attorney Coughlin said so when he testified before that he worked almost every day, that wasn't accurate, was it? Mr. Rogala said he opens up in the mornings and goes back sometimes at night to help his bartender close. He might go in towards the afternoon. Borough Attorney Coughlin said so he is there most days? Mr. Rogala said he can't tell him if he was there at that particular incident. Tuesday is not his day to be there from 6:00 P.M. until closing. Borough Attorney Coughlin asked if he may have been there? Mr. Rogala said very possibly. He doesn't recall. Borough Attorney Coughlin said since he is there most of the time, he gets to know his patrons very well, doesn't he? Mr. Rogala said yes. His seven day a weekers. Borough Attorney Coughlin asked how many of those were there? Mr. Rogala would say 95% of his business. {,6 Borough Attorney Coughlin said when somebody comes in that is not a familiar face they tend to stand out, correct? Mr. Rogala said yes. Borough Attorney Coughlin asked ifhe would probably remember them? Mr. Rogala said no. He said he would remember them for that day. Borough Attorney Coughlin asked ifhe was in there and he saw someone that wasn't one of his seven day weekers, he would probably notice them? Mr. Rogala said yes. Borough Attorney Coughlin asked if it was fair to say he would pay more attention to them then the seven day a weekers because they would stand out in a crowd? Mr. Rogala said no. Borough Attorney Coughlin asked if they just blend into the woodwork. Mr. Rogala said he paid more attention to his regular customers. Borough Attorney Coughlin asked if he would notice if a non-regular customer was doing something out of the ordinary? Mr. Rogala said by the pool table yes. If they are sitting talking to other customers, no. Borough Attorney Coughlin asked if they seemed to be doing something in a covert manner, would he pay attention to that? Attorney Glennon asked the Borough Attorney to explain what he means. By means of a particular action or (inaudible) in a covert manner? Borough Attorney Coughlin said he thought the question was pretty clear. I f they were undertaking some action in a covert manner. If they are sitting in a corner..... Mr. Rogala said he didn't know what he meant by covert. Mayor Sica said doing something wrong. Secretly. Borough Attorney Coughlin asked if some non-regular was sitting in a corner talking to some other patrons and they seem to be exchanging money or objects, would that tend to be something he would pay attention to? Mr. Rogala said if there were three of them and they were exchanging money, yes he would notice that. If someone he hasn't seen comes in and sits next to someone he sees aU the time and they were talking and he said this was his nephew, he wouldn't pay attention to that. Borough Attorney Coughlin asked if he had security in his establishment? Mr. Rogala said his bartenders and his patrons. Borough Attorney Coughlin asked if they were identifiable? Do they just provide security? JUNE 26, 1997 Gilda R., Inc. tis Five Corners Inn Continued JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Mr. Rogala said his business is based on 95% of the same people coming in every day. Borough Attorney Coughlin asked if he had paid security? Mr. Rogala said no he didn't. He said he does have customers that take care of their own. Borough Attorney Coughlin asked if he recalled working on May 1 st, that was a Thursday? Mr. Rogala said he might go in and out. Borough Attorney Coughlin asked if he knew Donna or Kevin Ward? Are they regular patrons of the bar? Mr. Rogala said he believes he knows who they are and no, they are not. Borough Attorney Coughlin asked how many other bartenders does he have? Mr. Rogala said he has four. There is one at night, one mid-afternoon and he and his father share the days. Borough Attorney Coughlin asked if it was fair to say that they get to know the people that are in there? Do they always work the same day? Mr. Rogala said usually, yes. Borough Attorney Coughlin asked if it was fair to say if the general policy of the management of the tavern is to pay close attention to the regular customers. Mr. Rogala said his general policy is to pay close attention to his regular customers. Borough Attorney Coughlin asked how about the other bartenders? Mr. Rogala said he didn't know. Borough Attorney Coughlin asked if he had ever communicated that to them? Mr. Rogala said no he hasn't. Borough Attorney Coughlin asked if he ever tells them that they need to be cautious of non-regular customers that come into the bar? Mr. Rogala said no. Borough Attorney Coughlin asked howis it that he recalled the one person that he did I.D at the time there were four patrons that came in, three of whom he testified that he knew. Did he ask any of them for proof? This was on May 10th. 48 Mr. Rogala said yes. Borough Attorney Coughlin said he recalled pretty specifically that one had a drivers license and they had a birthday in 1973, how is that? Mr. Rogala said because the officers came back to him about an hour later and told him that individual was under age. He had gotten a summons so he knew he had to be prepared for when he did go to court. Borough Attorney Coughlin asked with regard to any of the other incidents in which they are charged, did the officers ever come back and discuss them with you? Mr. Rogala said beside this one,never. Borough Attorney Coughlin said he had no other questions. Attorney Glennon asked Mr. Rogala ifhe had any form of entertainment in the bar, whether on weekends or weekdays? Mr. Rogala said no, never. Attorney Glennon called Mr. Vincent Blackshaw. Mr. Blackshaw was sworn in by Mayor Sica. Attorney Glennon asked Mr. Blackshaw to say his name and address. Mr. Blackshaw said Vincent Blackshaw, 57 Hickory Street, Carteret. Attorney Glennon asked if he was employed by Gilda R., Inc t/a Five Corners, 74 Pershing Avenue, Carteret, New Jersey? Mr. Blackshaw said he was. Attorney Glennon asked in what capacity? Mr. Blackshaw said a bartender. Attorney Glennon asked how many days a week does he bartend? Mr. Blackshaw said four. Attorney Glennon asked what days were they? Mr. Blackshaw said Sunday, Monday, Tuesday and Thursday. Attorney Glennon asked what his set hours were? Mr. Blackshaw said Sunday rrom 12 to 6, possibly until 9 P.M.. Monday, Tuesday and Thursday 6 until 2 AM.. Attorney Glennon directed his attention to December 17, 1996, Count 7 of these charges, that he was a bartender on that date in Five Corners Inn, which was a Tuesday evening at 11:47 P.M. and that an underage individual was served alcoholic beverages. Did he recall that incident? JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Mr. Blackshaw said yes. Attorney Glennon asked him to relate to the board his recollection Mr. Blackshaw said he remembers being busy and three guys and a girl coming in and sitting at the end of the bar. He checked them for LD. and they gave him a hard time. The girl gave him an LD. He had to go do something, and when he got back to them they had college identification. Attorney Glennon asked if he recalled what college? Mr. Blackshaw said no. He didn't know he was supposed to specifically know what college. Attorney Glennon asked if it was a photo LD.? Mr. Blackshaw said they had photo LD.'s and they were brand new and he took it for granted that these kids were in college. Right after that an officer had come in and he gave him a New Jersey license and asked him if he knew that person and he had said no. As he was walking out he looked at the three that were sitting at the bar. Twenty minutes later, he came back and asked him if he served them and he said he served them one beer and they were lucky to get one sip before the police came in. The police asked if the four produced LD. and he told them they did. The police laid LD.'s on the bar and asked if these were the ID.'s and he told them they were. The officer again walked outside. He then came back in and asked him to go out side with him, he asked one of the patrons to watch the bar and he went outside with the officer. The officer told him they were false LD's. He asked the officer how was he supposed to know that. They looked like brand new ID's. He said he didn't know if those I.D.'s were false or not. Attorney Glennon said Mr. Blackshaw knew the girl. Mr.Blackshaw said he did know the girl. She showed him a New Jersey license. Attorney Glennon asked if she was of age. Mr. Blackshaw said she was of age. Attorney Glennon asked if the other three produced college I.D.'s? Mr. Blackshaw said correct. Attorney Glennon asked if the ID.'s matched each individual? Mr. Blackshaw said yes. The officer said they go into Newark and come back with I.D.'s. The officer told him if they come in with college I.D.'s to make sure it specifies what college. If it just says "College Identification" it is fake. That's something he never knew. Attorney Glennon asked if it would refresh his recollection if he was told the police report involving this incident reflected that these ID.'s referred to these individual being from Kean College? 50 Mr. Blackshaw said no. He didn't remember telling anyone that it had Kean College on it. He didn't recall a specific college. Attorney Glennon asked Mr. Blackshaw if that was all he knew? Mr. Blackshaw said yes. Attorney Glennon asked him how long he had been a bartender employed by Five Corners? Mr. Blackshaw said about a year and a half Attorney Glennon said so he was employed since July, 1995. Mr. Blackshaw said yes. Attorney Glennon said there were allegations that controlled dangerous substances or drugs were either procured or sold within the tavern premises. Was he present at any time, or did he observe the transaction of CDS or drugs of any nature or kind between any individuals. Mr. Blackshaw said he never noticed anything going on. Attorney Glennon asked if he was ever told by any officer that drug transactions had taken place within the tavern premises. Mr. Blackshaw said no. Not specifically. He read the papers and knows what is going on. Attorney Glennon asked what did he read in the papers. Mr. Blackshaw said Chrome is a known area for drugs and it should be cleaned up. He gives the officers 100% credit. He knows they are trying to do it. He knows people come into the tavern, but if he sees a face that he doesn't like, he keeps an eye on thern. He has been in Carteret all his life, so he kind of knows who's who. Attorney Glennon asked him if he had ever seen an instance that caused him to believe a drug transaction was taking place within the tavern premises when he was there? Mr. Blackshaw said no. Attorney Glennon asked if he recalled an incident of a young lady attempting to sell a box of tools within the tavern premises? Mr. Blackshaw said he didn't. Attorney Glennon asked if he recalled an incident where an individual by the name ofMr. VanOrden was struck by another male individual? Mr. Blackshaw said yes. Attorney Glennon asked ifhe was working on that evening? Mr. Blackshaw said yes. Attorney Glennon asked ifhe related the incident to the police. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued JUNE 26,1997 Gi.lda R., Inc. t/a Five Corners Inn Continued Mr. Blackshaw said yes he did. Attorney Glennon asked where was Mr. Van Orden prior to this incident? Mr. Blackshaw said he was sitting at the bar drinking. There were about 15 people in the bar. He said all he saw was Butchie (Van Orden). Attorney Glennon asked if he knew him personally? Mr. Blackshaw said no, he knew him ITom the bar. He said he saw his glasses fly off his face and saw a Puerto Rican guy running around. It kind of got (inaudible) by the people in the bar. Attorney Glennon asked if he heard any argument between these two individuals prior to this? Mr. Blackshaw said no. Attorney Glennon asked if he observed the punch itself? Mr. Blackshaw said no, he didn't. He knows he wears glasses and when he saw his glasses off (inaudible). Attorney Glennon asked what did Mr. Blackshaw do? Mr. Blackshaw said he went up to him to make sure he was alright. He stated that he couldn't find his glasses. He told him to go home and he would look for his glasses. Ifhe found them he would call him. He never called, but his son stopped by at closing and had a baseball bat. His son asked him who did it and he told him he didn't know. He got back in his car and left. Three minutes later there was talking out ITont and there was an officer out front and he had two people with him. Attorney Glennon asked ifhe, at any time, heard Mr. VanOrden prior to being struck say anything, yell anything or argue with anybody? Mr. Blackshaw said no. Attorney Glennon asked if at any time while working at Five Corners Inn observe anything that would cause him to believe that any individual possessed any drug paraphernalia, such as pipes, roaches or any type of controlled dangerous substance paraphernalia or controlled dangerous substance itself? Mr. Blackshaw said no, he never saw it. Attorney Glennon thanked him. Councilmember Gutowski asked what the preferred form of identification? Mr. Blackshaw said two forms ofI.D. Councilmember Gutowski asked him ifhe asked for two forms ofLD. from everyone? 52 Councilmember Gutowski said not since these incidents, but prior to these incidents. Mr. Blackshaw said yes. Councilmember Gutowski said in this particular incident all these individuals produced college I.D.'s. Mr. Blackshaw said yes. Councilmember Gutowski said according to the police only two had college I.D.'s. One of them had a military I.D. which stated this person was born on 12/30/76, which would not make him old enough to drink. Mr. Blackshaw said he didn't check that at the time. Councilmember Gutowski asked what form ofI.D. did Mr. Petrosky show him, ifhe didn't have a college I.D. and he didn't see his military I.D., what did he show him? Mr. Blackshaw said the military I.D. was left behind when they were brought out. Councilmember Gutowski said he understood that, but he is asking him what form ofI.D. did they have? Mr. Blackshaw said the lady had a legit I.D., the two had college I.D's and the third one had a military I.D.. He was busy that night and he could only see and do so much. Borough Attorney Coughlin said with regard to the college I.D.'s could he describe the I.D. 's that were given to him? Mr. Blackshaw said they were yellow and had a black print on them saying college I.D. Borough Attorney Coughlin asked if they were plastic? Mr. Blackshaw said they were laminated plastic. Borough Attorney Coughlin asked if they were like a credit card? Mr. Blackshaw said no, like a Jersey license. Borough Attorney Coughlin asked if he could tell him what was written on there? Mr. Blackshaw said all he could remember is it said college I.D.. He can't recall the names and dates, but he can remember it saying college I.D. He didn't know if it was legit it would say the name of the college. Borough Attorney Coughlin asked if it appeared to be brand new? Mr. Blackshaw said yes. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Borough Attorney Coughlin asked if they were brand new, why would he assume that they were out of college. The idea of brand new, don't you usually get an I.D. when you go to college? Mr. Blackshaw said he didn't know he has never been to college. Borough Attorney Coughlin said when you go into service, don't you get your card when you go in? Mr. Blackshaw said he was never in the service. Borough Attorney Coughlin asked if he was ever on ajob where he had an I.D.? Mr. Blackshaw said no. Borough Attorney Coughlin asked if he ever got an I.D. for anything? Mr. Blackshaw said his New Jersey Drivers License. Borough Attorney Couhglin asked ifhe got his license when he first became a driver or when he stopped becoming a driver? Mr. Blackshaw said when he first became a driver. Borough Attorney Coughlin asked if he thought that was probably the case with most forms of identification? Mr. Blackshaw said sure. Borough Attorney Coughlin asked if it was fair to say if it was a brand new I.D. then most likely they got it when they first started college, rather then Attorney Glennon said a person can enter college after the military . Bnrough Attorney Coughlin said the question was only didn't he think they ger I. D. when you enter, not when you are leaving? He said he assumed that bus?d on the fact that they presented new I.D.'s that they had left college? Attorney Glennon said maybe they had just begun college. Borough Attorney Coughlin said Mr. Blackshaw's experience was that you get an I.D. when you begin to do something not when you end it. He said he only asked him why did he make the assumption that he did. Mr. Blackshaw said nobody said they had brand new I.D's for all he knew they could have gotten them a week before. Borough Attorney Coughlin asked him ifhe recalled what was on the I D.? 54 Mr. Blackshaw said no. The officer said he ripped them up. Borough Attorney Coughlin asked Mr. Blackshaw ifhe looked at them and ifhe remembered anything on them? Mr. Blackshaw said no. Borough Attorney Coughlin said just the basic college I.D. Mr. Blackshaw said something about the dates. Borough Attorney Coughlin asked what dates? Mr. Blackshaw said when he looked at it he didn't know the birth date was altered. Borough Attorney Coughlin asked if he worked Sunday, Monday, Tuesday and Thursday nights? Mr. Blackshaw said yes. Borough Attorney Coughlin asked if he recalled if he was working on May 16, 1997? Mr. Blackshaw asked what day? Borough Attorney Coughlin said Friday night. Mr. Blackshaw was inaudible. Borough Attorney Coughlin said he didn't have any other questions. Mayor Sica asked if Attorney Glennon had anything else. Attorney Glennon asked Mr. Blackshaw if he testified as to these three individuals producing identification to him? What form of identification did they produce? Initially? Mr. Blackshaw said the girl had a New Jersey License and there were three guys and two of them showed him college I.D. and the third didn't show him any, he meant to get back to him, buy the cops came and took him out. He had military I.D. Attorney Glennon asked if he had checked that one? Mr. Blackshaw said no. He was going to go back to it when the cops came m. Attorney Glennon asked if the two college I.D.'s had a date of birth? Mr. Blackshaw said yes. Attorney Glennon asked what the individuals appearance was like? On their age, based upon his experience? 5 Mr. Blackshaw said they looked to be about 22. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Borough Attorney Coughlin asked ifhe checked every patron that came into the bar? Mr. Blackshaw said if he checked them today he wouldn't check them tomorrow. Borough Attorney Coughlin asked if Mr. Failace came in, would he ask him for LD? Mr. Blackshaw said he would ask all of the Council for LD.'s. He would ask for two forms ofLD.. He has had people tell him they are 45 and he tells them he doesn't care if they are 85, if they don't have LD., they don't get served Borough Attorney CougWin said Mr. Blackshaw said the preferred form was to ask for two forms ofI.D.. Mr. Blackshaw said right. Borough Attorney Coughlin asked if on that night, with the people that offered the college LD., did he ask them for two forms ofLD.? Mr. Blackshaw said no, because it had a picture on it. If they have a picture LD., he normally doesn't ask for another one. Councilmember Failace asked about the guy with the military LD. Mr. Blackshaw served him a beer then was going to get back to look at it, was that right? Mr. Blackshaw said yes. Attorney Glennon asked if the police officer's report reflected that the college LD.'s that he took rrom this individuals had Kean College on it, would that rerresh his recollection that those LD.'s that were shown to him had a college on it? Borough Attorney Coughlin told Attorney Glennon that he already asked that question and he said it didn't. Attorney Glennon said he asked about the officer's report... Mayor Sica said he thought that was irrelevant because it doesn't matter what college it was, it proved top be a phoney I.D., it's irrelevant. Attorney Glennon called Anthony Rogala. Mr. Rogala was swom in by Mayor Sica. Attorney Glennon asked him to state his name for the record. He stated his name and spelled it. Anthony Rogala. 56 Attorney Glennon asked Mr. Rogala where did he reside? Mr. Rogala said Mountainside, New Jersey. Attorney Glennon asked Mr. Rogala ifhe was a principal of Gilda R., Inc. t/a Five Corners Inn? Mr. Rogala said yes. Attorney Glennon asked in what capacity? Mr. Rogala said President. Attorney Glennon asked if he was present when these allegations were read by Det. Sgt. Bennett? Mr. Rogala said no. Attorney Glennon said here, today? Mr. Rogala said yes. Attorney Glennon asked Mr. Rogala ifhe worked at the bar anytime? Mr. Rogala said he worked on Monday from 11 in the morning to 6 P.M. and Friday rrom 11 AM. to 1 AM. and Saturday rrom 10 AM. to 6 P.M. Attorney Glennon asked if Mr. Rogala was served with this notice of violations? Mr. Rogala said never. He never received a violation of any type. Attorney Glennon asked if he was served with this particular notice of violation. Mr. Rogala said yes. Attorney Glennon asked if Mr. Rogala was present in the tavern on any of these occasions? Mr. Rogala said not to his recollection, not unless they were Mondays, Fridays or Saturdays. Attorney Glennon said during the particular hours that he worked? Mr. Rogala said yes. Attorney Glennon asked Mr. Rogala how long did he own the tavern? Mr. Rogala said five years. ;7 Attorney Glennon asked during the time that Mr. Rogala was working over the last year did any of this come to his attention, or anything he observed or came to his attention thought him to believe that controlled dangerous substances were being possessed by individuals in the tavern or distributed or purchased by individuals? JUNE 26,1997 Gilda R., Inc. t/a Five Corners Inn Continued JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued Mr. Rogala said not at all and he can sniff marijuana 20 feet away. To the best of his knowledge he has never had any suspicion of any type of any narcotics being handled, transferred or anything. He has made it clear that he didn't even want to see two men go into the bathroom together. He gets along with the crowd and he doesn't stand for any bull and they all know it. He's 'not saying something couldn't have happened when he wasn't there, but to his knowledge he has never had any suspicion of any type whatsoever by anyone in there. He allows people five minutes in the bar, if they are not drinking, he tells them to leave. Attorney Glennon asked him if he was aware prior to these charges of a young lady trying to sell a box of tools for $20? Mr. Rogala said this is the first time he has ever heard that Attorney Glennon asked ifhe was aware ofthe incident involving allegations of serving three minors. Mr. Rogala said yes. Attorney Glennon said that is what Mr. Blackshaw testified to? Mr. Rogala said yes. Attorney Glennon asked him ifhe also became aware of the incident involving his bartender allegedly serving (inaudible) Mr. Rogala said yes. Attorney Glennon asked ifhe was aware of any fighting that took place or any brawls that took place? Mr. Rogala said there was one time that someone hit someone. He was not present. Attorney Glennon asked him to describe to the Council how his bar is run. Mr. Rogala said his customers are nice, working people. Attorney Glennon asked if they were mostly regulars? Mr. Rogala said yes. Attorney Glennon asked if there were any individuals that come in that he doesn't know. Mr. Rogala said sometimes Attorney Glennon asked if there was anything he has done with regard to security? 58 Mr. Rogala was inaudible. He said he had a paid bouncer. It isn't the type of clientele that you need tight security. There are only 30 or 35 at the maxImum. Attorney Glennon asked Mr Rogala prior to being served with these charges approximately ten days ago, was he made aware, by any members of the Carteret Police Department or the Middlesex County Narcotics Task Force, that drug transactions were taking place in his tavern? Mr. Rogala said no This is the one thing they should do. Help them try to help the police. Let him know something is going on so they can act and inform them. If we see something suspicious we would call up because we would be aware of something suspicious going on. Attorney Glennon asked Mr Rogala if he had one violation prior with respect to his tavern premises? Mr Rogala said yes. Attorney Glennon asked if that was a minor? Mr. Rogala said yes, serving a minor That was a one day suspension. The Council was very generous and understanding. He thanked them. Borough Attorney Coughlin asked Mr Rogala if he worked Fridays? Mr. Rogala said Friday mornings. Borough Attorney Coughlin asked who works Friday night? Mr. Rogala said his son. He might stop in to see what is going on. Borough Attorney Coughlin said Mr. Rogala said his policy was not to permit two men go into the bathroom together. Mr. Rogala said that was right. Something could transpire. He has a very eagle eye. He could pick it up and he is not there all the time. Why would two men go into a bathroom. Borough Attorney Coughlin asked Mr. Rogala if he prevented two women rrom going to the bathroom at the same time? Mr. Rogala said no. Borough Attorney Coughlin asked how many stalls there were in the bathroom? Mr. Rogala said one Borough Attorney Coughlin asked ifthere was a toilet and a urinal? Mr. Rogala said yes. 59 Borough Attorney Coughlin said then it wouldn't be out of place for two people to go in unless there was some concern that they were going to do something inappropriate. Is that correct? JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued JUNE 26, 1997 Gilda R., Inc., t/a Five Corners Inn Continued Mr. Rogala said if you don't strike a match, you'll never get a fire going. Borough Attorney Coughlin said the point is that Mr. Rogala indicated that he had a policy not to allow two men to go to the bathroom together. He testified to that. When did he implement that policy? Mr. Rogala said over a year ago. Borough Attorney Coughlin asked Mr. Rogala how come? Mr. Rogala said because you get kind of suspicious when you see two men walk into a bathroom together. One time is okay, but then you see it two or three times, you think there is something goi ng on. Borough Attorney Coughlin asked what he got suspicious of? Mr. Rogala said maybe something underhanded is going on. Borough Attorney Coughlin asked like what? Mr. Rogala said he didn't know. They could be selling to each other. They could be doing drugs. Anything else Borough Attorney Coughlin asked if they could be using drugs? Mr. Rogala said no. They would only be in there for three or four minutes. Someone would be knocking on the door. Borough Attorney Coughlin asked him if he was concerned that they might be selling drugs to each other? Mr. Rogala said he will not allow anything to get started in that sense. It's that area. Borough Attorney Coughlin asked what area? Mr. Rogala said the Chrome area. It's known for it. He said he wants to keep the garbage out of there. He doesn't want those customers in there. If some one is doing something underhanded and you make him aware that you are suspicious of him, he won't be around much. He's going to find another area. Attorney Glennon said Mr. Rogala made a broad statement about marijuana and that he would be able to smell it from 20 feet. What if it was in a plastic bag or aluminum foil? Mr. Rogala said if a person uses it and passes him he can smell it. He said he didn't think he could smell it if it was wrapped. Mayor Sica asked if they had anything else? 60 61 Attorney Glennon said no. He would just like to give a brief summation. He would respectfully submit that the charges regarding the Controlled Dangerous Substances were not shown to be reasonably known to the owner or the bartender working on that particular day or evening. These are covert transactions. There is nothing that indicates it would be brought to their attention There is nothing in the report that indicates it was in close proximity of the bartender or one of the principals that were present at those the those particular evenings. Even involving an undercover officer from the Middlesex County Prosecutor's Office, he respectfully submits this type of transaction is always done in a covert manner because they don't want other people to know what is going on because they don't want their intent to become known because they are furthering their investigation whether it be in the tavern premises or outside the tavern premises or down the street. We don't want the identity of this undercover agent to be revealed. So, from a law enforcement stand point, be a very secretive and covert action. No reasonable person would be able to know. The owners of the bar are held to a high degree of responsibility, but they cannot be held (inaudible) and know all things that all people are doing or all possessions that all people have upon them when they enter the bar They have no right to search every individual that goes into the bar It's almost an impossibility of a problem that they are dealing with in this society or this particular area, which is acknowledged by DeL Sgt Bennett to be a high crime and narcotic area. This is part of society's problem. To transfer blame, which could happen out on the street, on the corner, in a house or in a tavern to the owner of the tavern to have had knowledge, solely by the fact that these transactions occurred is placing so heavy an onus upon an owner that it is impossible for a person to be able to ferret this out or toss out or not permit in any persons who he thinks may have possession of CDS. How is a person to know that an outstanding warrant is outstanding for a particular person who went to the bar. Even the police did not know until they ran a check on the one girl. With regard to the sale of the tools, it was a $20 item. Neither the bartender or the owner knew anything about it. It was not brought to their attention. He understands, based upon the report that the officers asked them to tell anybody that was around or in the bar that if anyone purchased the tools to return them. The report indicates that they were returned to the rightful owner This does not indicate that it was known to the bartender or the principal when the transaction took place. That is the pertinent time when they have to consider this. When the property that was allegedly stolen was transferred, not subsequent thereto. With regard to the minors being served he wil1leave the determination based upon the testimony of Officer Bennett according to the reports and the testimony of Mr. Rogala as to his incident and Mr Blackshaw as to his incident. With regard to any other incident, Count 9, where Mr. Blackshaw had proofed this one individual on a prior occasion, relied upon that and sold him a six pack of beer and then these individuals were apprehended out side the premises for something other than beer. He respectfully submits that Mr. Rogala is not trying to ignore his responsibilities He recognizes that the municipality has problems with certain taverns. There appears to be certain problems with regards to certain areas of town that nobody has control over. It's recognized and acknowledged by the Police Department that this is a high crime and high narcotic area. Solely by reason of that fact, Mr. Rogala cannot be held responsible for being all knowing. He thanked the Council. JUNE 26, 1997 Gilda R., Inc. t/a Five Corners Inn Continued JUNE 26, 1997 RESOLUTION #97-211 Closed Session Adjourned Into Closed Session t1eeting Opened Determination - Gilda R., Inc. t/a Five Corners Inn - Guil ty Counts of Guil ty RESOLUTION #97-217 Approving Renewal of ABC License Five Corners Inn Hearing Opened Hearing Closed RESOLUTION #97-211 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and DuPont RESOLUTION #97-211 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. At approximately 11 :50 P.M., the meeting was adjourned into Closed Session.. Upon MMS&C, by Councilmembers Gutowski and Failace and unanimous affirmative vote of the full Council present, the meeting was opened at approximately 11:53 P.M. Mayor Sica said they are going to find Gilda R., Inc. t/a Five Corners Inn guilty of the three charges of serving minors and impose a 30 day suspension on each of the charges for a total of90 days. That's based upon the testimony given by the bartenders and the police officer. We are going to impose a three month suspension for operating a nuisance in the Borough of Carteret Suspension is to take effect 8:00 A.M. tomorrow morning and last for six months. Upon MMS&C, by Councilmembers Gutowski and Failace, Gilda R., Inc. tla Five Corners was found guilty on three counts of serving minors with a 30 day suspension for each incident and a six month suspension for being a nuisance Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. . RESOLUTION #97-217 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Failace and unanimous affirmative vote of the full Council present, the Mayor declared the hearing opened: There being no comments or objections to the resolution, the Mayor declared the hearing closed upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the full Council present. 62 Upon MMS&C, by Councilmembers Failace and Fazekas RESOLUTION #97-217 "RESOLUTION APPROVING THE RENEWAL OF ALCOHOLIC BEVERAGE CONTROL LICENSE NO, 1201-33-026-003 FOR THE 1997-1998 LICENSE TERM WITH SPECIAL CONDITION(S)" was adopted with special conditions. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. RESOLUTION #97-218 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the full Council present, the Mayor declared the public hearing to be open There being no comments or objections, upon MMS&C, by Councilmembers Gutowski and Fazekas and unanimous affirmative vote of the full Council, the hearing was closed. Upon MMS&C, by Councilmembers Gutowski and Failace RESOLUTION #99-218 "RESOLUTION APPROVING THE RENEWAL OF VARIOUS ADDITIONAL AB.C LICENSES FOR THE 1997-1998 LICENSE TERM" was adopted Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative There being no further business or comments, upon MMS&C, by Councilmembers Failace and Fazekas and unanimous affirmative vote of the full Council present, the meeting was adjourned at approximately 11 :55 P.M. 63 Respectfully submitted, J ~~~ KATHLEEN M. B ;-v Municipal Clerk KMB/sj JUNE 26, 1997 RESOLUTION #97-217 Continued Adopted RESOLUTION #99-218 Renewal of ABC License 1997-1998 Relax Diner, Farah- Haddad Liquors and Catholic War Vets Hearing Opened Hearing Closed Adopted ADJOURNED JUNE 26, 1997 SPECIAL tlEErING 64