HomeMy Public PortalAboutr 08:286
~tzoIufiou of tqt i$orougq of QIadtttf, ~ ~ W ~
No.
OR-28h
Date of Adoption NovpmhPr 24, 2008
AUTHORIZING THE TRANSFER OF ABC LICENSE #1201-33-061-008
FROM ROBE AND GAVEL ENTERPRISES TO BOLIEB, INC.
\VHEREAS, an application has been filed for a Person-ta-Person Transfer of Plenary
Retail Consumption License #1201-33-061-008 (the "License") heretofore issued to
Robe and Gavel Enterprises to Bolieb, Inc., ("Bolieb"); and
WHEREAS, the necessary renewals of said License for the 2006-2007, 2007-2008, and
2008-2009 license terms, and the above-referenced transfer application for said License,
were the subject of a Special Ruling by the Director of the Division of Alcoholic
Beverage Control, dated April 21, 2008, (the "Ruling") setting forth the applicable
requirements and procedures governing the same; and
WHEREAS, according to Ruling and applicable law, the application for transfer was
duly advertised in The Home News Tribune, a newspaper circulated in the Borough of
Carteret and no objections, either verbally or in writing) were filed or made to the
Governing Body or to the Municipal Clerk regarding said transfer; and
\VHEREAS, the submitted application form is complete in all respects, the fees have
been paid and the applicant is qualified to be licensed; and
\VHEREAS, the other provisions of the Ruling related to the within transfer of the
License appear to have been satisfied allowing the Borough to grant said transfer in the
reasonable exercise of its discretion.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough
ofCarteret, County of Middlesex, State of New Jersey, that ABC License #1201-33-061-
008 heretofore granted to Robe and Gavel, Enterprises be" and same is hereby transferred
to the Bolieb, Inc., pursuant to the terms of the Special Ruling, effective nunc pro tunc to
June 30, 2006; subject to the following conditions:
1. That Bolieb, Inc., prior to commencing operations at the licensed
premises, shall address the conditions imposed upon the operations of said License by a
prior Order of the Director with regard to the same, all to the satisfaction of the
Borough's Law Director, which may include, at his reasonable discretion, a
determination that the new proposed operations to be conducted at the licensed premises
by Bolieb, which include the service of hot, prepared food to diners seated at tables,
render said conditions, in whole or in part, no longer applicable to these new operations.
2. That, should Bolieb seek to change the operations at the licensed premises,
and prior to instituting any such change, it shall notify the Borough's Law Director, to
address, and insure compliance with, the conditions imposed by the prior Order of the
Director, which may include a determination, at his reasonable discretion and the input of
the Borough Police Chief, that said conditions, in whole or in part, remain not applicable
to the proposed change in operations at the licensed premises.
3. That Bolieb, Inc., prior to commencing its operations, obtains any and all'
building and zoning approvals, including possible site plan approval, that may be
required by the Borough's Zoning Officer/Constmction Code Ofticial.
08-286
PAGE 2
NO.
BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk are hereby
authorized and directed to execute the endorsement of this Person-ta-Person Transfer on
behalf ofthe Mayor and Council of the Borough ofCarteret; and
BE IT FURTHER RESOLVED, that two (2) copies of this Resolution be sent forthwith
to the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic
Beverage Control, Licensing Bureau, eN 087, Trenton, NJ 08625-0087.
Adopted this 24'" day of November, 2008
and certified as a true copy of the
original on November 25, 2008.
KATHLEEN M. BARNEY, MMC
Murncipal Clerk
RECORD OF COUNCIL VOTE
CQUNCILl\JAN YES NO NV A.B. COUNCILMAN YES NO NV. A.n.
nm.. T'Tf' X KRUM X
COLON.. X N~l'T"''' y
j)TAZ. . X SITARZ X
.
X-IndicaleVote AB-Absent NV - No! Voting XOR - Indiea!es Vote to Overrule Veto
Adopted at a meeting of the Municipal Council / November 24 2008
~~~