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Home My Public Portal Aboutr 05:361 ~\ezúluttútt ú£ ille 'Jßúrúu£11 ú£ Q1ètrterd, ~.- ].- Date of Adoption De..emÞer 6 2005 No. itO ')-16 1 ORDERING THE ACCEPTANCE OF PLEA AGREEMENTS OF PLENARY RETAIL CONSUMPTlONfDlSTRlBUTlON LIQUOR LICENSEES WHEREAS, the following licensees presently hold Plenary Retail Consumption Class C Liquor Licenses or Plenary Retail Distribution Licenses issued by the Borough of Carteret ("Borough"), License Number as follows: LM.L ofCarteret, Inc., tfa Holiday Inn, 100 Roosevelt Ave., Carteret, NJ; License #1201-33-018-001 Round the Clock Plaza Foods, Inc., tfa Rising Star Diner, 1239 Roosevelt Ave., Carteret, NJ; License #1201-33-027-004 Edis Liquors, LLC, 101 Roosevelt Ave., Carteret, NJ; License #1201-44-034-007 Rite Aid ofNJ, Inc., tfa Rite Aid #1105, 160 Washington Ave., Carteret, NJ; License # 120 1-44-046-006 Chateau Madrid, 8 Holly St., Carteret, NJ; License #1201-33-006-006 Meldi Maa Corporation, tfa State Liquors, 78 Washington Ave., Carteret, NJ; License # 120 1-44-041-005 Sheenali, Inc., tla Liquor Shoppe, 797 Roosevelt Ave., Carteret, NJ; License #1201-32-012-009 Da Chica, LLC, tfa Lisbon to Rome, 1241 Roosevelt Ave., Carteret, NJ; License #1201-33-013-007 Vento's Place, Inc., 314 Pershing Ave., Carteret, NJ; License #1201-33-036-003 Atmiya Liquors, Inc., tfa Discount Liquors, 835 Roosevelt Ave., Carteret, NJ; License #1201-32-040-005 WHEREAS, the Borough, as the Local Alcoholic Beverage Control Enforcement Agency, has previously preferred charges against said licensees for alleged conduct in violation of ABC regulations and Borough Ordinance(s) occurring on July 8, 2005 andfor September2,2005;and WHEREAS, the Borough conducted a hearing on said charges on December 6, 2005, during which Mayor and Council heard the testimony of witnesses and received other evidence regarding said charges and, furthermore, considered the arguments of legal counsel representing the Borough and the licensees, 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 I. LM.L of Carteret. Inc.. tfa Holidav Inn a. Holiday Inn possesses a Plenary Retail Consumption Class C Liquor License issued by the Borough of Carteret under License # 120 1-33-0 18-00 1. b. It is alleged that on July 8, 2005, Holiday Inn served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofNJ.A.C. 13:2-23.I(a). c. Holiday Inn enters a plea of non-vult and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. 2. Round the Clock Plaza Foods, Inc.. tfa Rising Star Diner a. Rising Star Diner possesses a Plenary Retail Consumption Class C Liquor License issued by the Borough of Carteret under License #1201-33-027-004. b. It is alleged that on July 8, 2005, Rising Star Diner served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofNJ.A.C. 13:2-23.I(a). c. Rising Star Diner enters a plea of non-vult and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. 3. Edis Liquors, LLC a. Edis Liquors, LLC possesses a Plenary Retail Distribution License issued by the Borough ofCarteret under License #1201-44-034-007. b. It is alleged that on July 8,2005, Edis Liquors served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofNJ.A.C. 13:2-23.I(a). c. Edis Liquors enters a plea of guilty and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. NO. #05-361 PAGE 2 of 3 4. Rite Aid ofNJ, Inc. a. Rite Aid ofNJ, Inc. possesses a Plenary Retail Distribution License issued by the Borough ofCarteret under License #1201-44-046-006. b. It is alleged that on July 8, 2005, Rite Aid served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation N.J.A.C. 13:2-23.1(a). c. Rite Aid enters a plea of guilty and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. 5. Chateau Madrid a. Chateau Madrid possesses a Plenary Retail Consumption Class C Liquor License issued by the Borough ofCarteret under License #1201-33-006-006. b. It is alleged that on July 8, 2005, Chateau Madrid served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofN.J.A.C. 13:2-23.1(a). c. Chateau Madrid enters a plea of non-vult and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. 6. Meldi Maa Corporation, tla State Liquors & Deli a. Meldi Maa Corporation, tla State Liquors possesses a Plenary Retail Distribution Class C Liquor License issued by the Borough of Carteret under License #1201-44-041-005. b. It is alleged that on July 8, 2005 and September 2, 2005, State Liquors served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofN.J.A.C. 13:2-23.I(a). c. State Liquors enters a plea of non-vult and consents to a 1 O-day period of closure which sentence is hereby suspended as a first offense. 7. Sheenali, Inc.. tfa Liquor Shoppe a. Sheenali, Inc., tfa Liquor Shoppe possesses a Plenary Retail Consumption Class C Liquor License issued by the Borough of Carteret under License #1201-32-012-009. b. It is alleged that on July 8,2005, Sheenali, Inc., tfa Liquor Shoppe served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofNJ.A.C. 13:2-23.1(a). c. Sheenali, Inc., tla Liquor Shoppe enters a plea of non-vult and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. 8. Da Chica, LLC, tfa Lisbon to Rome a. Da Chica, LLC, tfa Lisbon to Rome possesses a Plenary Retail Consumption Class C Liquor License issued by the Borough of Carteret under License #1201-33-013-007. b. It is alleged that on July 8, 2005, Lisbon to Rome served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofNJ.A.C. 13:2-23.1(a). c. Lisbon to Rome enters a plea of guilty and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. 9. Vento's Place a. Vento's Place possesses a Plenary Retail Consumption Class C Liquor License issued by the Borough ofCarteret under License #1201-33-036-003. b. It is alleged that on July 8, 2005, Vento's Place served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofNJ.A.C. 13:2-23.1(a). c. Vento's Place enters a plea of guilty and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. 10. Atmiva Liquors, Inc.. tla Discount Liquors a. Atmiya Liquors, Inc., tfa Discount Liquors possesses a Plenary Retail Consumption Class C Liquor License issued by the Borough of Carteret under License #1201-32-040-005. b. It is alleged that on July 8, 2005, Discount Liquors served or sold alcoholic beverages to an individual under the legal age to make said purchase but over the age of 18 in violation ofNJ.A.C. 13:2-23.I(a). c. Atmiya Liquors, Inc., tfa Discount Liquors enters a plea of guilty and consents to a 5-day period of closure which sentence is hereby suspended as a first offense. NO. #05-361 PAGE 3 of 3 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 charge brought against aforementioned licensees pursuant to the issued Notice of Hearing on Charges of Violations are to be resolved with the pleas, closure periods and suspension of the imposed closure as set forth and aforementioned, and are accepted and sustained. Adopted this 6th day of December, 2005 and certified as a true copy of the original on December 7, 2005. KATHLEEN M. BARNEY, RMCfCMC Municipal Clerk RECORD OF COUNCIL VOTE . A.B. COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV y NAPLES X BELLINO y RIOS y KRUM X X ... '------. x - fndicate Vote AS - Absent NY - Not Voting XOR - Indicatcs 'iore to Overrule Veto ..n Adopted at a meeting or the Municipal Council ~;~' 200') / CLERK ~--