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HomeMy Public PortalAboutr 09:133 2Re~o1uthm or tfre ~orxrnf\4 of dIaderd1 ~ ~ w ~ . .. June 11 2frf) 09 -133 . Da" of Adopllo, ' No RESOLUTION APPROVING THE RENEWAL OF INACTIVE A.B.C. LICENSE #1201-33-008-006 HELD BY JASON KAPLAN FOR THE 2009- 2010 LICENSE TERM WITH CONDITIONAL SPECIAL RULING \VHEREAS, pursuant to an Act entitled, "An Act Concerning Alcoholic Beverages", as amended and also by certain rules and regulations adopted by the Governing Body of the Borough of Carteret, County of Middlesex, State of New Jersey, an application has been filed in due and proper form by JASON KAPLAN, holder of INACTIVE A.B.C. LICENSE # 1201-33-008-006 for Renewal of said license and has paid the necessary required fees; and Division or' Alcoholic Beverag;..... Control' "ror a Special Ruling requesti~~ authorization for the local issuing authority to consider said renewal for the 2009- 2010 License Term pursuant to the provision ofNJ.S.A.33:1-12.39; and \VHEREAS, application for renewal has been reviewed and no objections have been received for the renewal of said inactive license: and 'VHEREAS, the Director of the New Jersey division of A.RC reviewed the petition filed in this matter and has found that the licensee has established good cause in accordance with the statutory requirements to warrant an application of the license for the 2009-2010 license terms and accordingly, has authorized the Governing Body of the Borough of Carteret to consider the application for renewal, pursuant to the provisions ofNJ.S.A. 33:1-12.39 and that the approval granted is conditional, and is based upon the representations set forth in the petitioner's notarized letter of May 25,2007. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey, that upon review have considered the recommendations made by the Director of the N.J. Division of A.RC., and does hereby approve the Renewal of Inactive License #1201-33-008-006, held hy JASON KAPLAN, for the 2009-2010 License Term with Conditional Approval Granted as defined in Agency Docket Number 05-09-5824. 09-133 NO. PAGE 20f 2 BE IT FURTHER RESOLVED, that the Municipal Clerk be and is herehy authorized and directed to issue an A.B.C. License Renewal to the applicant in accordance with application heretofore made and Special Ruling granted having said license become effective July 1, 2009 and to expire June 30, 2010. BE IT FURTHER RESOLVED, that two (2) certified copies of this Resolution be forwarded with original application for renewal and proper fee to the State of New Jersev. Division of Alcoholic Bevera!!e Control Licenses Bureau P.O. Box 087, Trenton, New Jersey 08625-0087. Adopted this II <h day of June, 2009and certified as a true copy of the original on June 12,2009. KATHLEEN M. BARNEY, MMC Municipal Clerk . RECORD OF COUNCIL VOTE r~ COUNCILc\fAN YES NO NV A,B. COUNCILMAN YES NO NV A.D. BELLINO X KRUM X I---COLON X NAPLES X DIAZ X SITARZ X n_~~_L-_ '-_ X _ Indicate Vote AB + Absent NY. Not Voting XOR - lndiratcs Vote 10 Overrule Vein Adopted at a meeting of the Municipal Council d .::JUNE 11, 2009 ~tZ€-.$it)/;1;;;aCj~ 1f / rURK - /:) ( -,~~~'~~"=" STATE OF NEW JERSEY JON S. CORZINE GOVERNOR RE: SPECIAL RULING TO PERMIT RENEWAL OF INACTIVE LICENSE PURSUANT TO N..T.S.A. 33:1-12.39 FOR THE 2009-10 and 2010-11 LICENSE TERM(S); LlC. NO. 1201-33-008-006 LIC. NAME: Kaplan Jason Docket ,No. 05-09-5824 OFFICE OF THE A TIORNEY GENERAL DEPARTMENT OF LA WAND PUBLIC SAFETY DIVISION OF ALCOHOLIC BEVERAGE CONTROL K O~\Rlll1 P.O.BoxOS7 C/'~:i\~> TRENTON, NJ 08625-0087 iJi. '!-' PIIONE< (609)984-2830 FAX: (609) 633-6078 :J ..... '0.- HTIP:IIVt'wW.NJ.Gov/LPs/ABC g .'" ;-,' !l!5 . May 20, 2009 c~, ~ \ /,i:~; \, "_.__q~"";,.o./ "..... ,~., r::::?\!,,"'r/ ~:;:~..-"/ ANNE MILGRAM ArrORNEYGENERAL JERRY FISCHER DIRECTOR Dear Petitioner: Enclosed please find a Special Ruling to permit consideration of a renewal application for the above-referenced inactive license pursuant to NJ.S.A. 33: 1-12.39. As noted in the enclosed document, this Ruling merely determined that good cause exists for the issuing authority to consider your application. It is now within the purview of the local issuing authority to either grant or deny your renewal application in the reasonable exercise of its discretion. Be advised that if your license is merely inactive and is sited at a premises, in order to activate this license during any of the license terms referenced above, you are required to file an amendment to your license application pursuant to NJ.A.C. 13:2-2.14. To properly file the amendment, pages I, 2, and 11 of the 12 page license application must be filed with the local issuing authority not more than 10 davs Drior to. or 10 davs after, opening the business. The local issuing authority will then present you with a current license certificate which must be prominently displayed where it can be readily seen by customers. NJ.A.C. 13:2-23.13(a)1. However, if your license is a "pocket license," (a license not sited at a premises) aild you wish to activate your license at a premises during any of the license terms referenced above, you must file a full 12-page application transferring the license from "pocket" status to the intended premises. Please contact your local issuing authority to comply with all requirements regarding the trausfer. I suggest that you contact the local issuing authority immediately to determine what steps are necessary to complete your license application renewal process. Very truly yours, ~. &~ Chris Margounakis Execuli ve Assistant c: ABC Licensing Bureau Borough of Carteret Clerk wI License Certificate 140 EAST FRONT STREET, P.O. Box 087, TRENTON, NEW JERSEY 08625-0087 NDI' lERS!:." Is AN EI]/ItIL OI'f'UNT/INnr EMI'LOl'E1I' PN1NTt'/J IJN RUTClED PAPEf! ,iNO Rl:;CI'O...\BLE STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF ALCOHOLIC BEVERAGE CONTROL LIC. NO. 1201-33-008-006 DOCKET NO. 05-09-5824 IN THE MA TIER OF THE ) APPLICATION TO PERMIT THE ) RENEWAL OF AN INACTIVE LICENSE ) PURSUANT TO NJ.S.A. 33:1-12.39 FOR ) THE 2009-10 and 2010-11 LICENSE ) TERM(S) ) ) ) Kaplan Jason ) SPECIAL RULING BY THE DIRECTOR: The petitioner or licensee has filed a verified petition requesting authorization for the local issuing authority to consider a renewal application for License No. 1201-33c008-006 for the 2009-10 and 2010-11 license term(s) pursuant to the provisions of NJ.S.A. 33:1-12.39. I have reviewed the petition filed in this matter and have considered all the facts and circumstances related to the inactive status of this license. I find that the petitioner or licensee has established good cause in accordance with the statutory requirements to waITant an application forrenewal of the license for the 2009-10 and 2010-11 license term(s). Accordingly, the municipal issuing authority is hereby authorized to consider the application for renewal of the subject license for the 2009-10 and 2010-11 license term(s) and to thereupon grant or deny said application in the reasonable exercise of its discretion. This authorization does not abrogate the licensee's obligation to timely submit the license renewal application and requisite fees prior to any consideration of renewal, including obtaining a tax clearance. Please note that the approval granted herein is nditional, and is based upon the representations set fOlth in the petitioner's notari etter(s). This appl'oval is subject to review and/or modification should the factual c' . s wanant. JERRY FISCHER DIRECTOR DATED: May 20, 2009