Alcoholic Beverage Control Commission

ABC Board Minutes July 22, 2020 Special Meeting A Regular Meeting of the ABC Board was held on July 22, 2020 at 4:15 P.M. virtual meeting via ZOOM. Amada D. Curling, City Clerk read the following notice into the record: IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY FAX TO THE HERALD NEWS AND PUBLISHED ON JULY 17, 2020 AND PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK. PURSUANT TO THE OPEN PUBLIC MEETING ACT, BE ADVISED THAT THE ALCOHOLIC BEVERAGE CONTROL BOARD OF THE CITY OF PASSAIC HAS SCHEDULED A SPECIAL MEETING TO BE HELD ON JULY 22, 2020 AT 4:15 P.M. VIA ZOOM On call of the roll the following Commissioners responded: Present: Commissioner Rivera, Commissioner Sanchez, and Chairman Garcia Sanchez Also, present Christopher Harriot, ABC Attorney Absent: Dominick Stampone, Esq. ABC Prosecutor PLEDGE OF ALLEGIANCE MINUTES: On motion by Commissioner Sanchez and second by Chairperson Garcia, all members voting “Aye” as the roll was called the minutes of February 20, 2020 and June 17, 2020 Alcohol Beverage Control Board meeting was accepted as engrossed. COMMUNICATIONS AND PETITIONS On motion by Chairman Garcia and second by Commissioner Sanchez, the following communications were ordered, received, and place on file, all members voting “Aye” as the roll was called: Det. Edward Valentine, Licensing Officer, submitting Police Reports pertaining to the following establishments:  Police Report President Liquors  Police Report Eagle Liquors  Police Report David’s Place (2 reports)  Police Reports as of July 20, 2020  Police Report Regarding Fiesta ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE RECEIVED AND FILED BY ONE MOTION. ANY COMMISSIONER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. RESOLUTIONS: On motion by Commissioner Sanchez and seconded by Chairperson Garcia, the following RESOLUTION WAS REMOVED from the agenda, all members voting “Aye” as the roll was called: 1 ABC Board Minutes July 22, 2020 Special Meeting RESOLUTION AUTHORIZING THE BOARD OF ALCOHOLIC BEVERAGE CONTROL TO MEET IN CLOSED SESSION ON July 22, 2020 TO DISCUSS PENDING LITIGATIONS, CLIENT/ATTORNEY MATTERS AND DELIBERATIONS AS TO MATTERS BEFORE THE BOARD (N.J.S.A. 10:4-12. B (6), (7) AND (9) On motion by Commissioner Sanchez and second by Chairperson Garcia, the following RESOLUTIONS WERE ADOPTED, all members voting “Aye” as the roll was called: City of Passaic Alcoholic Beverage Control Board Resolution No. 014-20 RESOLUTION OF THE ALCOHOLIC BEVERAGE CONTROL BOARD OF THE CITY OF PASSAIC MEMORIALIZING A SETTLEMENT AGREEMENT WITH HAMLET, INC. T/A MAMA SUSHI, 663 MAIN AVENUE, LICENSE NO. 1607-33- 140-009 HEARING HELD JUNE 17, 2020 WHEREAS pursuant to the laws of the State of New Jersey, set forth in the Division of Alcohol Control Act N.J.S.A. 33:1-1 et seq. and regulations promulgated thereto, and the laws of the City of Passaic, the Alcohol Beverage Control Board for the City of Passaic (hereinafter “ABC Board”) filed certain Notice of Charges seeking to suspend the Plenary Retail Consumption License 1607-33-140-006, held by Hamlet Ent. LLC t/a Mama Sushi, 663 Main Street, Passaic, New Jersey for violation(s) of the aforementioned statutes and/or regulations; and WHEREAS, specifically, the Notice of Charges alleged that on or about January 19, 2020, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely a large, disorderly group of patrons who failed to disperse after being lawfully ordered to do so in violation of NJAC 13:2-23.5(c) ACTIV (See Passaic Police Reports No 20-04338, 20-04338A, 20-04338B, 20-04338C, 20- 04338D, 20-04338F, 20-04346A). A first violation carries a penalty of thirty (30) days license suspension; a second violation carries a penalty of sixty (60) days license suspension; a third violation carries a penalty of ninety (90) days license suspension; and a fourth or subsequent violation carries a penalty of revocation as set forth in N.J.A.C. 13:2- 19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about January 19, 2020, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely a fight between patrons (Odryn Mora and an unidentified party) in violation of NJAC 13:2-23.5(c) ACTIV (See Passaic Police Reports No 20-04338, 20-04338A, 20- 04338B, 20-04338C, 20-04338D, 20-04338F, 20-04346A). A first violation carries a penalty of thirty (30) days license suspension; a second violation carries a penalty of sixty (60) days license suspension; a third violation carries a penalty of ninety (90) days license suspension; and a fourth or subsequent violation carries a penalty of revocation as set forth in N.J.A.C. 13:2-19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about January 19, 2020, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely a large, disorderly group of patrons who failed to disperse after being lawfully ordered to do so in violation of NJAC 13:2-23.6(b) NUIS2 (See Passaic Police Reports No 20-04338, 20-04338A, 20-04338B, 20-04338C, 20- 04338D, 20-04338F, 20-04346A). A first violation carries a penalty of thirty (30) days license suspension; a second violation carries a penalty of sixty (60) days license suspension; a third violation carries a penalty of ninety (90) 2 ABC Board Minutes July 22, 2020 Special Meeting days license suspension; and a fourth or subsequent violation carries a penalty of revocation as set forth in N.J.A.C. 13:2- 19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about January 19, 2020, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely a fight between patrons (Odryn Mora and an unidentified party) in violation of NJAC 13:2-23.6(b) NUIS2 (See Passaic Police Reports No 20-04338, 20-04338A, 20- 04338B, 20-04338C, 20-04338D, 20-04338F, 20-04346A). A first violation carries a penalty of thirty (30) days license suspension; a second violation carries a penalty of sixty (60) days license suspension; a third violation carries a penalty of ninety (90) days license suspension; and a fourth or subsequent violation carries a penalty of revocation as set forth in N.J.A.C. 13:2-19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about January 19, 2020, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely a large, disorderly group of patrons who failed to disperse after being lawfully ordered to do so in violation of Passaic City Ordinance 207-4 and NJSA 33:1- 31(h) ORDIN (See Passaic Police Reports No 20-04338, 20- 04338A, 20-04338B, 20-04338C, 20-04338D, 20-04338F, 20- 04346A). A first violation carries a penalty of ten (10) days license suspension; a second violation carries a penalty of twenty (20) days license suspension; a third violation carries a penalty of thirty (30) days license suspension; as set forth in N.J.A.C. 13:2-19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about January 19, 2020, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely serving alcoholic beverages to a person over 18 years of age but under the legal drinking age of 21 (Odryn Mora DOB 10/26/99) at the time of the incident in violation of NJAC 13:2-23.1(a) PULA (See Passaic Police Reports No 20-04338, 20-04338A, 20-04338B, 20-04338C, 20- 04338D, 20-04338F, 20-04346A). A first violation carries a penalty of fifteen (15) days license suspension; a second violation carries a penalty of thirty (30) days license suspension; a third violation carries a penalty of forty-five (45) days license suspension; and a fourth or subsequent violation carries a penalty of revocation as set forth in N.J.A.C. 13:2-19.11and WHEREAS, a hearing was scheduled before the City of Passaic ABC Board on June 18, 2020 via the Zoom virtual platform at which time the Licensee was represented by competent counsel William Schey, Esq.; and WHEREAS, prior to the commencement of the hearing, the parties came to an agreement to resolve this matter without the need for a plenary hearing; and NOW, THEREFORE, BE IT RESOLVED by the Alcoholic Beverage Control Board of the City of Passaic that the License Holder pleads NON VULT to Count 5 violation of Passaic City Ordinance 207-4 considered a First Offense of this violation; and it is FURTHER RESOLVED that the License Holder agrees that its premises shall be subject to a nine (9) day suspension; and be it FURTHER RESOLVED that the nine (9) day Suspension shall commence at 12 midnight on Thursday June 18, 2020 and will run through and including Friday June 26, 2020, and be it 3 ABC Board Minutes July 22, 2020 Special Meeting FURTHER RESOLVED that the License Holder has expressed interest in applying for an outdoor dining permit and acknowledges that no alcohol can be served during the suspension period. The ABC Board retains no jurisdiction over the issuance of an outdoor dining permit but does not object to such application; and be it FURTHER RESOLVED that the balance of the Counts are hereby DISMISSED as part of this Resolution; and be it FURTHER RESOLVED that failure to adhere to the conditions of this Resolution shall be deemed to be a violation of this Resolution and the ABC Board shall forthwith reinstate these charges and conduct a plenary hearing; and PLEASE TAKE FURTHER NOTICE that the License Holder shall be provided a copy of this Resolution for its records. ------------------------------------------- City of Passaic Alcoholic Beverage Control Board Resolution No 015-20 RESOLUTION OF THE ALCOHOLIC BEVERAGE CONTROL BOARD OF THE CITY OF PASSAIC MEMORIALIZING A SETTLEMENT AGREEMENT WITH CAZADORES, LLC T/A MANDALA NIGHT CLUB, 246 THIRD STREET, LICENSE NO. 1607-33-140-009 HEARING HELD JUNE 17, 2020 (TWO SETS OF CHARGES) WHEREAS pursuant to the laws of the State of New Jersey, set forth in the Division of Alcohol Control Act N.J.S.A. 33:1-1 et seq. and regulations promulgated thereto, and the laws of the City of Passaic, the Alcohol Beverage Control Board for the City of Passaic (hereinafter “ABC Board”) filed certain Notice of Charges seeking to suspend the Plenary Retail Consumption License 1607-33-124-009, held by Cazadores LLC, t/a Mandala Night Club, 246 Third Street, Passaic, New Jersey for violation(s) of the aforementioned statutes and/or regulations; and WHEREAS, specifically, the Notice of Charges alleged that on or about November 23, 2019, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely a large, disorderly group of more than 100 persons fighting inside and outside the licensed establishment in violation of NJAC 13:2-23.5(c) ACTIV (See Passaic Police Report No. 19-78692, 19-78685, 19-78685A, 19- 78685B, 19-78685C, 19-78685D). A first violation carries a penalty of thirty (30) days license suspension; a second violation carries a penalty of sixty (60) days license suspension; a third violation carries a penalty of ninety (90) days license suspension; a fourth or subsequent violation carries a penalty of license revocation as set forth in N.J.A.C. 13:2-19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about November 23, 2019, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises a nuisance requiring police intervention involving public safety or rights being violated namely a large, disorderly group of more than 100 persons fighting inside and outside the establishment in violation of NJAC 13:2-23.6(b) NUIS2 (See Passaic Police Report No. 19-78692, 19-78685, 19-78685A, 19- 78685B, 19-78685C, 19-78685D). A first violation carries a penalty of thirty (30) days license suspension; a second violation carries a penalty of sixty (60) days license suspension; a third violation carries a penalty of ninety (90) days license suspension; a fourth or subsequent violation 4 ABC Board Minutes July 22, 2020 Special Meeting carries a penalty of license revocation as set forth in N.J.A.C. 13:2-19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about November 23, 2019, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises a violation of City Ordinance 207-4 prohibiting Disruption of a Commercial Establishment pursuant to NJSA 33:1-31(h) (See Passaic Police Report No. 19-78692, 19-78685, 19-78685A, 19- 78685B, 19-78685C, 19-78685D). A first violation carries a penalty of ten (10) days license suspension; a second violation carries a penalty of twenty (20) days license suspension; a third violation carries a penalty of thirty (30) days license suspension; a fourth or subsequent violation carries a penalty of license revocation as set forth in N.J.A.C. 13:2-19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about January 17, 2020, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely conducting a “teen night” by hosting patrons inside a licensed establishment below the legal drinking age in violation of Passaic City Ordinance 75-25 and NJSA 33:1-31(h) ORDIN (See Passaic Police Report No. 20- 03599). A first violation carries a penalty of ten (10) days license suspension; a second violation carries a penalty of twenty (20) days license suspension; a third violation carries a penalty of thirty (30) days license suspension as set forth in N.J.A.C. 13:2-19.11; and WHEREAS, specifically, the Notice of Charges alleged that on or about January 17, 2020, you, as licensee, allowed, permitted and/or suffered in or upon the licensed premises illegal activity, namely conducting a “teen night” by hosting patrons inside a licensed establishment below the legal drinking age in violation of Passaic City Ordinance 75-25 and NJAC 13:2-23.6(b) NUIS2 (See Passaic Police Report No. 20- 03599). A first violation carries a penalty of thirty (30) days license suspension; a second violation carries a penalty of sixty (60) days license suspension; a third violation carries a penalty of ninety (90) days license suspension; a fourth or subsequent violation carries a penalty of license revocation as set forth in N.J.A.C. 13:2-19.11 WHEREAS, a hearing was scheduled before the City of Passaic ABC Board on June 18, 2020 via the Zoom virtual platform at which time the Licensee was represented by competent counsel Norberto Yacono, Esq. and WHEREAS, prior to the commencement of the hearing, the parties came to an agreement to resolve this matter without the need for a plenary hearing; and NOW, THEREFORE, BE IT RESOLVED by the Alcoholic Beverage Control Board of the City of Passaic that the License Holder pleads NON VULT to Count 3 on Charges related to the November 23, 2019 incident, a violation of City Ordinance 207-4 prohibiting Disruption of a Commercial Establishment pursuant to NJSA 33:1-31(h) resulting in a nine (9) day Suspension AND Count 1 on Charges related to the January 17, 2020 incident AS AMENDED to a violation of N.J.A.C. 13:2-24.10(a)1-6 ADV1 Improper Advertising resulting in a five (5) day Suspension. These are considered the first (1st) offenses of said respective violations; and it is FURTHER RESOLVED that the nine (9) day and five (5) day suspensions shall run CONCURRENTLY; and be it 5 ABC Board Minutes July 22, 2020 Special Meeting FURTHER RESOLVED that the License Holder agrees that its premises shall be subject to a TOTAL nine (9) day Suspension to be served starting at midnight June 18, 2020 through and including June 26, 2020; and be it FURTHER RESOLVED that Counts 1 and 2 on the Charges related to the November incident are DISMISSED and Count 2 on the Charges related to the January 17, 2020 incident is hereby DISMISSED as part of this Resolution; and be it FURTHER RESOLVED that failure to adhere to the conditions of this Resolution shall be deemed to be a violation of this Resolution and the ABC Board shall forthwith reinstate these charges and conduct a plenary hearing; and PLEASE TAKE FURTHER NOTICE that the License Holder shall be provided a copy of this Resolution for its records. ------------------------------------------------------- City of Passaic Alcoholic Beverage Control Board Resolution No 016-20 RESOLUTION FOR A PERSON TO PERSON TRANSFER OF LICENSE NO. 1607-33-057-010 FROM: 4PERSISTENCE, LLC T/A EDGE LOUNGE TO: ALEBRIJE 570, LLLC, T/A EL ALEBRIJE MEXICAN RESTAURANT, 570 MAIN AVENUE, PASSAIC, NEW JERSEY WHEREAS, an application has been filed for a person to person transfer of Plenary Retail Consumption License 1607-33-057-010 heretofore issued to 4PERSISTENCE, LLC T/A EDGE LOUNGE, 570 MAIN AVENUE, PASSAIC, NJ 07055 WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; NOW, THEREFORE BE IT RESOLVED that the Passaic Board of Alcoholic Beverage Control does hereby approve, the transfer of the aforesaid Plenary Retail Consumption License 1607-33- 057-010 to ALEBRIJE 570, LLLC, T/A EL ALEBRIJE MEXICAN RESTAURANT, 570 MAIN AVENUE, PASSAIC, NEW JERSEY and does hereby direct the City Clerk of the City of Passaic to endorse the license certificate, effective July 22, 2020 There being no further business to come before the Board on motion by Commissioner Sanchez and seconded by Chairperson Garcia voting “AYE” as the roll was called the meeting was adjourned. __________________________ Amanda Rivera, Commissioner __________________________ Judith Sanchez, Commissioner ___________________________ Edwin Garcia, Chairperson Dated: September 17, 2020 6