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Home My Public Portal Aboutr 09:134 2RezoIu1ion of 14e 'l@oroHfl4 of caar!ere!1 ~ ~ 3J ~ No. 09 -134 DaI"r Adoplloo June 11, '2ffB . RESOLUTION APPROVING THE RENEWAL OF INACTIVE A.B.C. LICENSE #1201-44-034-009 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 # 1201-44-034-009 for Renewal of said license and has paid the necessary required fees; and \VHEREAS, JASON KAPLAN did file a Verified Petition with the New Jersey Division of Alcoholic Beverage Control for a Special Ruling requesting authorization for the local issuing authority to consider said renewal for the 2009- 2010 License Term pursuant to the provision ofN.J.S.A.33:1-12.39; and WHEREAS, application for renewal has been reviewed and no objections have been received for the renewal of said inactive license: and WHEREAS, the Director of the New Jersey division of A.B.C 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 tenus 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.B.C., and does hereby approve the Renewal of Inactive License #1201-44-034-009, held by JASON KAPLAN, for the 2009-2010 License Term with Conditional Approval Granted as defined in Agency Docket Number 05-09-5827. NO. 09-134 PAOE2of 2 ~ BE IT FURTHER RESOL YED, that the Municipal Clerk be and is hereby 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 RESOL YED, 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 Beverage Control, Licenses Bureau, P.O. Box 087, Trenton, New Jersey 08625-0087. Adopted this 11 ili day of June, 2009and certified as a true copy of the original on June 12,2009. KATHLEEN M. BARNEY, MMC Municipal Clerk COUNCfLl\lAN BEllINO COLON RECORD OF COUNCIL VOTE. YES NO NV A,B. COUNCILMAN YES NO NV A.8. x X X NAPLES X -Indkate VOle AB _ Ab~ent NY. -Not VOling XOR . [ndiL'atcs Vule 10 Overrule VeIn Adopted at a meeting of the Municipal Council .~ JON S. CORZINE GOVERNOR STATE OF NEW JERSEY OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OFLA W AND PUBLIC SAFE DIVISION OF ALCOHOLIC BEVERAGE CON'g L , P.O. Box 087 P> lIJ~ TRENTON,NJ 08625-0087 PHONE' (609) 984-2830 FAX: (609) 633-6078 HTIP://"'''IV1Y.NJ.GOVlLPS/ ABC ANNE MILGRAM A1TORNEYGENERAL JERRY FISCHER DIRECTOR May 20, 2009 RE: SPECIAL RULING TO PERMIT. RENEW AL OF INACTIVE LICENSE PURSUANT TO N..J.S.A. 33:1-12.39 FOR THE 2009-10 and 2010-11 LICENSE TERM(S); LIe. NO. 1201-44-034-009 LIC. NAME: Jason Kaplan Docket No. 05.09-5827 Dear Petitioner: Enclosed please find a Special Ruling to permit consideration of a renewal application for the above-referenced inactive license pursuant to N.J.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 applicalion in the reasonable exercise of its discretion. Be advised that if yonr 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 N.J.A.C. 13:2-2.14. To properly file the amendment, pages 1,2, and II of the 12 page license application must be filed with the local issuing authority not more than 10 days orior to. or 10 davs after, opening the business. The local issuing authority wil11hen present you with a current license certificate which mnst 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) and you wish to activate your license at a premises during any of the license terms referenced above, you mnst file a fuJl12-page application transferring the license from "pocket" status to the intended premises. Please conlact your local issuing authority to comply with all requirements regarding the transfer. I suggest that you contacl the local issuing authority immediately to determine what steps are necessary to complete your license application renewal process. Very truly yours, / c: ABC Licensing Bureau Borough of Carteret Clerk wi License Certificate 140 EAST FRONT STREET, P.O, Box 087, TRENTON, NEW JERSEY 08625-0087 NE:\\' Jt::!.'.w::r I,,' AN EfJlML OI'f'OIIT1JNnY EW'IJJJTfi' PmmEO (I,'J RUTClDJ PM!:."N ,\NO R1X.TCLAni.L STATE OF NEW JERSEY DEPARTMENT OF LA W AND PUBLIC SAFETY DIVISION OF ALCOHOLIC BEVERAGE CONTROL LIC. NO. 1201-44-034-009 DOCKET NO. 05-09-5827 IN THE MA TIER OF THE ) APPLICATION TO PERMIT THE ) RENEWAL OF AN INACTIVE LICENSE ) PURSUANT TO N.J.S.A. 33:1-12.39 FOR ) THE 2009-10 and 2010-11 LICENSE ) TERM(S) ) ) ) Jason Kaplan ) SPECIAL RULING BY THE DIRECTOR: The petitioner or licensee has filed a velified petition requesting authorization for the local issuing authority to consider a renewal application for License No. 1201-44-034-009 for the 2009-10 and 2010-11 license term(s) pursuant to the provisions ofN.J.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 for renewal 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 telID(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 consideralion ofrenewal, including obtaining a tax clearance. Please note that the approval granted herein is conditional, and is based upon the representations set forth in the petitioner's notar' ed letter(s). This approval is subject to review and/or modification should the factual circu ances wan'ant. Y FISCHER DIRECTOR DATED: May 20, 2009