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Home My Public Portal Aboutr 05:185 ~cznlutinu nf tIrc lßnrnu:s~ nf QInrtcrd, ~ + JJ + No. I 05-185 Date of Adoption June 2, 1005 ORDERING THE REVOCATION OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE 1201-33-061-007/ROBE & GAVEL ENTERPRISES, INC. WHEREAS, Robe and Gavel Enterprises, Inc. t/a Charlie's Angels, SOO Blair Road, Carteret , NJ 0700S, ("Charlie's Angels", "Licensee" or "bar") presently holds a Plenary Retail Consumption Class C Liquor License issued by the Borough of Carteret ("Borough"), License Number1201-33-061-007; and WHEREAS, the Borough, as the Local Alcoholic Beverage Control Enforcement Agency, has previously preferred charges against Charlie's Angels for alleged conduct in violation of ABC regulations and Borough Ordinance(s) occurring on November 27, 2004, March 17,2005, and MarchlS, 2005; and WHEREAS, the Borough conducted a hearing on said charges on March 31, 2005, during which the Mayor and Council heard the testimony ofwÍtnesses and received other evidence regarding said charges and, furthermore, considered the arguments of legal counsel representing the Borough and Charlie's Angels, respectively; and WHEREAS, having considered the testimony and evidence and the positions of legal counsel, the Governing Body makes the following findings and conclusions: FINDINGS AND CONCLUSIONS 1. Robe & Gavel Enterprises, Inc. tla Charlie's Angels possess a Plenary Retail Consumption Class C Liquor License issued by the Borough of Carteret, License NumberI201-33-061-007. Charlie's Angels operates as what is commonly referred to as a "go-go" bar. 2. At approximately 2:00 am on March IS, 2005, the Carteret Police Department responded to Charlie's Angels to investigate a report of gun shots being fired in the parking lot ofthe premises. 3. On the night of March 17, 2005, a Mr. Anthony Thomas, noted to be a resident of Linden, NJ, along with three (3) of his friends had traveled to Charlie's Angels in a limousine rented from Route 22 Limousine and driven by a Mr. Carlos Milogni. 4. Mr. Thomas and his friends arrived at Charlie's Angels between II :30 and 11:45 pm to attend a premier party and DVD presentation planned to promote the release of a DVD film produced by Mr. Thomas detailing "gang" activity and related illegal conduct, including the illegal use of firearms and drugs, on the streets of New Jersey. . 5. Mr. Thomas's premier party and the showing of his DVD at the bar were authorized by the owner of Charlie's Angels and open to the public. Mr. Thomas had flyers printed and distributed to promote the event and he indicated to the police that approximately ISO people attended the event at the bar. 6. Following the DVD premier party, at approximately I :30 am on March IS, 2005, while patrons were leaving Charlie's Angels, Mr. Thomas was promoting his DVD and selling copies of the same from the trunk of the rented "Route 22" limousine. NO. 05-185 PAGE 2 of 4 I, 7. At this time, the limousine was parked along the front side of the bar adj acent to the entrance to the premises and a large crowd had gathered in the area. Although several security officers from the bar were in the immediate area and observing this activity, there is no evidence that they attempted to disperse the crowd or otherwise control this activity this activity in any way. 8. As this activity was winding down, five (5) individuals had already gotten into the back of the limousine in preparation of leaving. Then, as Mr. Thomas was getting into the limousine, (either upon initially entering the limousine or after having gotten out of the car briefly to retrieve his cell phone which he said he had dropped out of the window), an individual fired five (5) or six (6) gunshots directly into the location where Mr. Thomas was entering the vehicle. 9. The assailant fired the gunshots from the front corner of the building next to where the limousine was parked and which is immediately adjacent to the entrance to/exit from the premises. 10. Although no one was struck by the gunshot, three (3) bullets lodged in the body of the limousine and at least one (1) bullet entered a woodworking business located beyond the perimeter of the bar's parking lot. 11. After fleeing the scene with the other individuals in the limousine, Mr. Thomas returned to the area after being requested to do so by the police, who had arrived to investigate the shooting. The police were first able to speak with Mr. Thomas via his cell phone when he called the limousine driver and requested that the driver come pick him, Mr. Thomas, up. 12. At the scene, and later at the police station, Mr. Thomas refused to identify the individuals who had accompanied him in the limousine. Moreover, Mr. Thomas could not identify the shooter. He did tell the police that all he could see was "like black" and that "[the shooter] may have had a blue bandanna on" his face. He said he was informed of this by several girls who said that two guys with blue bandanas covering their faces jumped into a Taurus and fled the scene. The color "blue" with reference to the bandanas was significant to one of the investigating detectives who took a statement from Mr. Thomas as being indicative of the gang known as the "Crips" . 13. Following this incident, the Borough issued Notice Of Hearing On Charges to Charlie's Angels and directed that an emergent hearing be held. 14. The initial charges brought against the Licensee also included a violation notice for an alleged sale of alcohol to an underage person which occurred on November 27, 2004. The testimony at the hearing from the police officer who investigated this incident sustains this charge. 15. While the initial notice of violation was being served on the Licensee on March 18, 2005, the police discovered that sixteen (16) individuals working in the bar at the time did not posses the proper identification cards required by the Carteret Police Department Alcoholic Beverage Enforcement Bureau pursuant to Borough Ordinance. The Licensee had previously been made aware of this requirement stemming from past . violations and had specifically agreed to comply with the requirement. 16. This violation resulted in amended charges being filed against and served upon the Licensee and which also was the subject of the March 31, 2005 hearing. The evidence adduced at the hearing from the investigating police officers further sustains this charge. NO. 05-185 PAGE 3 of 4 II 17. With regard to the shooting incident directly, the undisputed testimony presented at the hearing indicated that, following the shooting, when the limousine driver asked the bar's security personnel who had been present during the incident for help with calling the police, they simply ignored the driver's plea for help and did nothing to assist him. 18. Additionally, the bar's security personnel were not available to assist the police detectives when they were conducting their investigation, nor was their subsequent assistance volunteered to the police despite the severity of this incident and the fact that several security officers were in the immediate area of the shooting at the time. Moreover, neither the owner nor the manager of Charlie's Angels was of any help to or supportive of the police in their investigation. 19. The Governing Body also finds that the evidence presented at the hearing supports the reasonable inference that the Licensee should have been aware that sponsoring and promoting an event on the licensed premises that openly depicts "real", illegal gang activity, particularly the illegal possession and use of firearms, would likely not only attract individuals who support the glorification of such activity, but could similarly draw individuals and gang members actually prone to engage in such activity. 20. In this regard, no evidence was presented at the hearing from which to find that the Licensee considered and/or anticipated this reasonable likelihood in determining the appropriate level of security required to properly supervise this event. This is so even though the Licensee had previously agreed, in response to then existing public safety concerns, to increase security at the establishment, particularly at fixed locations in the parking area servicing the premises. 21. In light of the foregoing and the other evidence adduced at the March 31st hearing, the Governing Body finds that the charges set forth on the issued Notice and Amended Notice Of Hearing On Charges Of Violations are hereby sustained against the Licensee. 22. Further, in determining the appropriate sanction to be imposed in this instance, the Governing Body has considered not just the severity of the Licensee's present violations. It has also considered the substantial demands placed upon, and concerted efforts required by, the Carteret Police Department to address the public safety concerns created by this establishment as testified to at the hearing by the officers of the police department. 23. Additionally, the Governing Body has considered the prior charges to which the Licensee pled guilty on September 23, 2004. 24. Moreover, in consideration of the Licensee, the Council has taken into account the past assurances and the less than successful efforts of the Licensee to respond to the Borough's demand that Licensee conduct its business on the premises in compliance with the applicable regulations and to address public safety issues related to the Licensee's activities. '10 I 05-185 PAGE 4 of 4 NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey, sitting as the Local Alcohol Beverage Enforcement Authority, as follows: 1. That the charges brought against Robe & Gabel Enterprises, Inc. tla Charlie's Angels pursuant to the issued Notice and Amended Notice Of Hearing On Charges Of Violations are hereby sustained. 2. That the Plenary Retail Consumption Class C Liquor License, License Number 1201-33-061-007, issued by the Borough of Carteret to Robe & Gavel Enterprises, Inc. shall be revoked. 3. That the Borough Attorney is hereby directed to prepare an Order of Revocation of said license to be served upon Robe and Gavel Enterprises, Inc., within the next seven (7) days, a copy of which shall to be forwarded to the New Jersey Division of Alcohol Beverage Control. Adopted this 2nd day of June, 2005 and certified as a true copy of the original on June 3, 2005. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk - A.B. COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV ~ NA1>T 1;"'" Y "1;"11 T~T('\ Y X RTOS DIAZ SITARZ y KRUM X . .. - x - Indicate Vote AS· Absent NV . Not Vnting XOR ~ [ndiL'alcs Vote to Overrule Veto CD Adopted al a meeting of the Municipal Council ~_June 2, 2005 (J.b-?J;(~/Y~7' , CLERK '-J __ RECORD OF COUNCIL VOTE