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No. 06-288
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Dilte or Adoption October 26, 2006
ORDERING THE SUSPENSION OF PLENARY RETA L CONSUMPTION
I.lQUOR LICENSE 120 1-44-039002/ST A TE LIQUORS
WHEREAS, State Liquors, 78 Washington Street, Calieret, NJ 07008, ("State Liquors", "Licensee"
or "har") presently holds a Plenary Retail Consumption Class C Liqu r License issued by the Borough
of Carteret ("Borough"), License Number 44-039-002; and
WHEREAS, the Borough, as the Local Alcoholic Beverage Control nforcement Agency, has
previousiy preferred charges against State Liquors for aIJeged conduc in violation of ABC regulations
and B010Ugh Ordinance(s) occurring on July 22, 2006; and
'VHER-EAS, the Borough conducted a hearing on said charges on Oc ober 26, 2006, during which
Mayor and Council received evidence regarding said charges and, furt 1ermnre, considered the
arguments of legal counsel representing the Dorough and the licensee; by letter brief, respectively; llnd
\VHEREAS, having considered the testimony and evidence a d the positions of legal counsel,
the Governing Rody m<'lkes the following findings and con Il1sions'
fINDINGS AND CONSLUSIONS
State Liquors possesses a Plenary Retail Cons~mlption Clas C Liquor License issued by
the Borough ofCarteret, License Number 1201-44-039-00 State Liquors operates as
what is commonly referred to as a packaged goods services entity.
2. A plea of no contcst was received by the Borough of Carter t in response to an allegation
that on June 22, 2006, the licensee sold or served a]coholic everages to a p~rson under the
legal age, but over the age uf 18 in violation ofNJ.i\.C. 13 2-23.1 (a)
3 The aforementioned sale or service to alcoholic beverages ¡olates the arorementioned
statute and the charges of the Borough on the Notice of He' ring 011 Charges of Violations is
hereby sustained against the licensee.
,;OW, THEREFORE HE IT RESOLVED by the Mayor and Coun il orthe Borough ofCarteret,
County. ofIvllddlesex, State of New Jersey, Slttlllg as the Local A1coht 1 Beveragc Enforcement
Authonty, as follo\\/s:
1. That the ch~r?e bl:ougl~t ~gainst State Liquors pursuant to tJ e issued Notice of Hearing on
Charges of VJOlat1Ons JS hereby sl1stamed.
2. The Cllrrent violation represents a third offense for the sam charge bv the S,Hl I' ,
TI . 1]' . ¡ "' ~ 1e lcensee.
, 1e prIor a egatlOns aga¡~st t 1e same licensee stem from it cidents on July 8, 2005 é'1I1d
September 2, 2~OS for WhICh a plea of no contest was recei ed at a hearing by tbe Borough
ot Caltelet, Local AlcoholIc Beverage Control Enforccment Agency on December 6,2005.
J. [he ~Ienary Retail Consumption CI~ss C Liquor Licensc, L'cense Number 1201-44-039-
002 ISsues by the Borough of Carteret to State Liquors, shall be suspended for a period of
20 days.
NO. -º-º-=288
PAGEl_o.L~
4. The 20 day sllspension period will be on Tuesuay and WednesdaY"D r 10 consecutive
weeks, commencing the week of January 1,2007. The licensee sha I prominently display a
sig1l, Juring the period of closure, that identifies that the licensee is lased by Order of the
Borough of Carteret Alcohol Beverage Control Board. It is further rdered that a final
letterof warning shall be issued to the licensee and attached to this csolution as an
exhibit" placing the licensee on notice that further transgressions wil be dealt with in a
mllch harsher fashion.
5. That the Borough Attorney is hereby directed to Prepare all Order 0 S .
. - . lIspenSlOl1 to be
served upon the lIcensee by the Carteret Borough Pollee Departme1 t.
Adopted this 26th day 0 October, 2006
and certified as a Ime c py of the original
on October 27\h, 2006.
KATHLEENM BAR EY, RMC/CMC
Municipal Clerk
CQUNCILl\IAN
RECORD OF COUNCIL VOTE
YES NO NV A.B. -- COUNCILMAN
YES NO
NY A.B.
BELLINO
DIAZ
KRUM
x
X
X
NAPLES
RIOS
SITål!.Z
X_
X
X
x - Indicate Vote AS - Absent
NV - Not Voting XOR - Indicates VOle! Overrule VeIn
Adopted at a meeting of the Municipa! Council