City Council

A Special Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, November 10, 1997, at 6:30 P. M. Mayor Zisa called the meeting to order and asked the City Clerk to call the roll. Present - Councilmen Roger B. Mattei, Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Manager James s. Lacava, City Clerk Doris L. Dukes and I City Attorney Richard E. Salkin Mrs. Dukes: " In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975 adequate notice of this meeting was provided by sending a notice to The Record and by posting a copy on the Bulletin Board in City Hall." Laura Carrucci, Certified Shorthand Reporter, was present and recorded the entire proceedings for the hearings. The Mayor announced the purpose of this meeting is to hold disciplinary hearings due to ABC violations. He then turned the meeting over to the City Attorney. The two licenses involved are (1) Kiss Budapest, T/A El Corso License #0223-33-009-007 and (2) Simon Sez, 0223-44-019-005 K I S S BUDA PEST, INC. City Attorney Richard Salkin stated the charges for Kiss Budapest. Henry Amoroso, Prosecutor was present on behalf of the City of Hackensack. Ian Kirsch. Esq. of Hirsch & Cherone, 20 Mercer Street, was I present on behalf of Kiss Budapest. Mr. Kirsch stated they are prepared to enter a plea of nun­ vult. Mr. Amoroso recommended fifteen (15) days with a reduction of five (5) days for ten (10) days suspension. Members of Council concurred with the Prosecutor's recommendation. City Attorney Salkin asked how many days would be needed to file and was told ten (10) days would be sufficient. Mr. Salkin advised the Resolution will be on the November 17th meeting for Council's action. Steve Mike-Mayer, President of Kiss Budapest, thanked the Mayor and Council, adding that he is pleased to be in Hackensack and plans to stay in the City. . S IM O N SE Z, INC. City Attorney Salkin read the charges for Simon Sez. Frank J. Castucci, Esq. Prosecutor from the firm of Nowell I Amoroso, was pres�nt on behalf of the City of Hackensack. Arthur DeColliano was present. on behalf of Simon Sez and requested an adjournment due to pending criminal matters before Municipal Court which will be held on December 11, 1997. City Attorney Salkin reminded Mr. DeColliano that he had spoken with him last week regarding an adjournment and was told the hearing could proceed an� asked if anything had happened since they last spoke. He replied that David Pilser, his co-counsel would like to introduce himself.  Mr. Salkin, after conferring with Council, stated there would not be an adjournment. The Police Officers are here and would allow him to confer with them and the prosecutor, regarding certain charges filed against some of the. witnesses, if they agree. The following gave testimony and were crossed examined: Detective Finley; Detective Starone; Detective Sgt. Krakowski, all from the Hackensack Police Department; Ishwar Patel; Jakir Husen Shaikh; Gulabbhi Patel Isus Patel; Yugesh Patel, all employees of Simon Sez. Upon conclusion of all testimony by all witnesses, (11:16), a recess was called before the Attorney and Prosecutor summarized. I The meeting reconvened and the attorneys presented their summations. After completion of the summations, a motion was offered by Stein, seconded by Mattei to go into Executive Session. (11:45 PM) The meeting reconvened at 12:03 AM and the following vote for each of the four charges was taken by the City Attorney: Regarding charges for "sale to minors" on 5/2/97; 6/16/97; 6/21/97 and 7/25/97 all members of Council voted yes on each charge that proof supported the allegations that the liceenee had made sales minors. The City Attorney, relative to the penalty phase, cited the Schedule on page 88 of the ABC Handbook. The Prosecutor agreed that the schedule was correct and added there are no mitigated circumstances. I Mr. DelColliano said he was familiar with the manual and asked Council for fifteen (15) days for each of the four violations for a total of sixty (60) days. The prosecutor disagreed with Mr. DelColliano and recommended the license be revoked. The City Attorney advised Council that once an appeal is filed it stays until heard by an Administrative Law Judge. Councilman Mattei offered a motion, based on the four (4) violations within a three month period and and the recommendation of the Prosecutor, that the license be revoked. The motion was seconded by Councilman Stein. On roll call, the following voted "Aye" : Mattei, Galvis, Trammell, Stein, Zisa The City Attorney asked Mr. DelColliano if ten days would be sufficient for him to file. He replied "yes". A resolution will be on the November 17th meeting for a November 27th revocation date. Motion offered by Mattei, seconded by Trammell that the meeting be adjourned. Carried 12:27 I • MATTEI