Alcoholic Beverage Control Commission

ABC Board Minutes September 23, 2021 Regular Meeting A Regular Meeting of the ABC Board was held on September 23, 2021 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 AUGUST 19, 2021 AND PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK. PLEASE BE FURTHER ADVISED DUE TO COVID-19 THIS MEETING WILL BE HELD VIA ZOOM Meeting ID: 929 205 6099 NOTICE AND INSTRUCTIONS POSTED ON THE CITY OF PASSAIC WEBSITE. PLEASE BE GUIDED ACCORDINGLY. On call of the roll the following Commissioners responded: Present: Commissioner Rivera and Chairman Garcia Absent: Commissioner Sanchez Also, present: Christopher Harriot, ABC Attorney and Dominick Stampone, Esq. ABC Prosecutor PLEDGE OF ALLEGIANCE RESOLUTIONS: With the consensus of the Board, the following, the following RESOLUTION WAS REMOVED from the agenda, RESOLUTION AUTHORIZING THE BOARD OF ALCOHOLIC BEVERAGE CONTROL TO MEET IN CLOSED SESSION ON SEPTEMBER 23, 2021 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))Re: ____________________________ On motion by Commissioner Garcia and second by Chairperson Rivera, the following RESOLUTIONS WAS ADOPTED, all members voting “Aye” as the roll was called: RENEWAL RESOLUTION NO. 012-21 RESOLUTION AUTHORIZING 2021-2022 RENEWAL FOR LAS TRES ISLAS 1 LLC POCKET LICENSE NUMBER 1607-33-027-013 (Special Ruling to Permit Renewal of Inactive License Pursuant to N.J.S.A 33:12.39) WHEREAS, the Municipal Board of Alcoholic Beverage Control hereby affirmatively finds and certifies that the Plenary Retail Consumption License Number 1607-33-027-13 issued to LAS TRES ISLAS 1 LLC, has submitted an application form that is Complete in all respects. WHEREAS, the Licensee has filed with the Director of the Division of ABC a verified petition requesting authorization for the local issuing authority to consider a renewal application for Plenary Retail Consumption License No. 1607- 1 ABC Board Minutes September 23, 2021 Regular Meeting 33-027-013; for the 2021-2022 license terms pursuant to the provisions of N.J.S.A. 33:1-12.39. WHEREAS, the Director, of the Division of ABC reviewed the petition filed and have considered all the facts and circumstances related to the inactive status of this license and finds that the petitioner or licensee has established good cause in accordance with the statutory requirements to warrant an application for renewal of the license for the 2021-2022 license terms. WHEREAS, the Board is hereby authorized to consider the application for renewal of the subject license and to thereupon grant or deny said application in the reasonable exercise of its discretion. WHEREAS, the Board further certifies that the aforementioned licensee has qualified for licensure according to all statutory, regulatory and local governmental ABC laws and regulations; and NOW, THEREFORE, BE IT RESOLVED, by the Municipal Board of Alcoholic Beverage Control that Alcoholic Beverage License for the year beginning September 23, 2021 EXPIRING JUNE 30, 2022 be and the same is hereby granted to LAS TRES ISLAS LLC POCKET LICENSE NUMBER 1607-33-027-013. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby instructed to issue said license, which license shall expire June 30, 2022, except as set forth herein. ---------------------------- RENEWAL RESOLUTION NO.013-21 RENEWAL RESOLUTION FOR PLENARY RETAIL CONSUMPTION LICENSES FOR THE LICENSING YEAR TERM BEGINNING SEPTEMBER 23, 2021 AND TERMINATING JUNE 30, 2022. WHEREAS, the Municipal Board of Alcoholic Beverage Control hereby affirmatively finds and certifies that the following list of licensees have submitted an application form that is complete in all respects; and WHEREAS, the Board further certifies that the attached list of licensees has qualified for licensure according to all statutory, regulatory and local governmental ABC laws and regulations; and WHEREAS, the City Clerk has received the tax clearance certificates from the State of New Jersey for the licenses on the list. NOW, TIIEREFORE, BE IT RESOLVED, by the Municipal Board of Alcoholic Beverage Control the Alcoholic Beverage Licenses for the year beginning September 23, 2021;md expiring June 30, 2022 be and the same are hereby granted to the applicants as per the attached list and conditions. 2 ABC Board Minutes September 23, 2021 Regular Meeting BE IT FURTHER RESOLVED, tl1at tl1e City Clerk be and she is hereby instructed to issue said licenses, which licenses shall expire June 30, 2021. ---------------------------- RESOLUTION NO. 014-21 RENEWAL RESOLUTION FOR PLENARY RETAIL CONSUMPTION LICENSE No. 1607-33-046-005 ISSUED TO IN THE LOOP ENTERPRISES LTD. (POCKETLICENSE)FOR THE LICENSING YEAR TERM, 2016-2017 WHEREAS, the Municipal Board of Alcoholic Beverage Control hereby affirmatively finds and certifies that In the Loop Enterprises, Lic. No. 1607-33-046-005 has submitted an application form that is complete in all respects; and WHEREAS, the Board further certifies that this licensee qualified for licensure according to all statutory, regulatory and local governmental ABC laws and regulations; and WHEREAS, the City Clerk has received the tax clearance certificates from the State of New Jersey ; and NOW, THEREFORE, BE IT RESOLVED, by the Municipal Board of Alcoholic Beverage Control that Alcoholic Beverage Licenses for the year 2016-2017 be and the same is hereby granted to In the Loop Enterprises, Lic. No. 1607-33-046-005 (Pocket License). BE IT FURTHER RESOLVED that the City Clerk be and she is hereby instructed to issue said license for the licensing term 2016- 2017 ---------------------------- RESOLUTION NO.015-21 RENEWAL RESOLUTION FOR PLENARY RETAIL CONSUMPTION LICENSE No. 1607-33-046-005 ISSUED TO IN THE LOOP ENTERPRISES LTD. (POCKET LICENSE)FOR THE LICENSING YEAR TERM, 2017-2018 WHEREAS, the Municipal Board of Alcoholic Beverage Control hereby affirmatively finds and certifies that In the Loop Enterprises, Lic. No. 1607-33-046-005 has submitted an application form that is complete in all respects; and WHEREAS, the Board further certifies that this licensee qualified for licensure according to all statutory, regulatory and local governmental ABC laws and regulations; and WHEREAS, the City Clerk has received the tax clearance certificates from the State of New Jersey ; and NOW, THEREFORE, BE IT RESOLVED, by the Municipal Board of Alcoholic Beverage Control that Alcoholic Beverage Licenses for the year 2017-2018 be and the same is hereby granted to In the Loop Enterprises, Lic. No. 1607-33-046-005 (Pocket License). BE IT FURTHER RESOLVED that the City Clerk be and she is hereby instructed to issue said license for the licensing term 2017-2018 ---------------------------- 3 ABC Board Minutes September 23, 2021 Regular Meeting RESOLUTION NO.016-21 RENEWAL RESOLUTION FOR PLENARY RETAIL CONSUMPTION LICENSE No. 1607-33-046-005 ISSUED TO IN THE LOOP ENTERPRISES LTD. (POCKET LICENSE)FOR THE LICENSING YEAR TERM, 2018-2019 WHEREAS, the Municipal Board of Alcoholic Beverage Control hereby affirmatively finds and certifies that In the Loop Enterprises, Lic. No. 1607-33-046-005 has submitted an application form that is complete in all respects; and WHEREAS, the Board further certifies that this licensee qualified for licensure according to all statutory, regulatory and local governmental ABC laws and regulations; and WHEREAS, the City Clerk has received the tax clearance certificates from the State of New Jersey ; and NOW, THEREFORE, BE IT RESOLVED, by the Municipal Board of Alcoholic Beverage Control that Alcoholic Beverage Licenses for the year 2018-2019 be and the same is hereby granted to In the Loop Enterprises, Lic. No. 1607-33-046-005 (Pocket License). BE IT FURTHER RESOLVED that the City Clerk be and she is hereby instructed to issue said license for the licensing term 2018-2019 ---------------------------- RESOLUTION NO.017-21 RESOLUTION FOR A PI.ACE TO PI.ACE TO TRANSFER OF LICENSE NO. 1607-33-022-004 FROM: JRT L.L.C. (Pocket License) TO: 334 MONROE ST. PASSAIC, NJ 07055 WHEREAS, an application has been filed for Place and Place Transfer of Plenary Retail Consumption License Number 1607-33- 022-004, heretofore issued to JRT L.L.C. (POCKET LICENSE) TO: Premises located at 334 Monroe St. in PASSAIC, NJ 07055 WHEREAS, the submitted application form is complete in all respects and have been submitted, to the Municipal Clerk , 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 witl1Title 33; NOW, THEREFORE BE IT RESOLVED that the Passaic Board of Alcoholic Beverage Control does hereby approve, the place to place transfer of the aforesaid Plenary Retail Consumption License Number 1607-33-022-004 trading as JRT L.L.C. to: Premises located at 334 Monroe St. in PASSAIC, NJ 07055 ; and does hereby direct the City Clerk of the City of Passaic to endorse the license certificate, effective September 23, 2021. ---------------------------- 4 ABC Board Minutes September 23, 2021 Regular Meeting RESOLUTION NO.019-21 RESOLUTION FOR A PERSON TO PERSON AND PI.ACE TO PI.ACE TO TRANSFER OF LICENSE NO. 1607-33-004-009 (Pocket License) FROM: MAMBO L.L.C. TO: AREPAS EXPRESS II – 23-27 LEXINGTON AVE. PASSAIC, NJ 07055 WHEREAS, an application has been filed for a Person-to-Person and Place and Place Transfer of Plenary Retail Consumption License Number 1607-33-004-009, heretofore issued to MAMBO L.L.C. TO: AREPAS EXPRESS II – 23-27 LEXINGTON AVE. PASSAIC, NJ 07055 WHEREAS, the submitted application form is complete in all respects and have been submitted, to the Municipal Clerk , 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 witl1Title 33; WHEREAS, the applicant has disclosed and the issuing autl1ority reviewed the source of all finds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the license business; NOW, THEREFORE BE IT RESOLVED that the Passaic Board of Alcoholic Beverage Control does hereby approve, the transfer of the aforesaid Plenary Retail Distribution License Number 1607-33-004-009 to AREPAS EXPRESS II – 23-27 LEXINGTON AVE. PASSAIC, NJ 07055 ; and does hereby direct the City Clerk of the City of Passaic to endorse the license certificate, effective September 23, 2021. ---------------------------- RESOLUTION NO.020-21 RENEWAL RESOLUTION FOR PLENARY RETAIL CONSUMPTION LICENSE No. 1607-33-046-005 ISSUED TO IN THE LOOP ENTERPRISES LTD. (POCKET LICENSE)FOR THE LICENSING YEAR TERM, 2019-2020 (N.J.S.A 33:1- 12.18) special ruling) WHEREAS, the Municipal Board of Alcoholic Beverage Control hereby affirmatively finds and certifies that In the Loop Enterprises, Lic. No. 1607-33-046-005 has submitted an application form that is complete in all respects; and WHEREAS, Licensee has received special ruling from the Director of the ABC Pursuant to N.J.S.A 33:1-12.18 and 12.39 For license term 2019-2020 WHEREAS, the Board further certifies that this licensee qualified for licensure according to all statutory, regulatory and local governmental ABC laws and regulations; and WHEREAS, the City Clerk has received the tax clearance certificates from the State of New Jersey ; and NOW, THEREFORE, BE IT RESOLVED, by the Municipal Board of Alcoholic Beverage Control that Alcoholic Beverage Licenses for the year 2019-2020 be and the same is hereby granted to In the Loop Enterprises, Lic. No. 1607-33-046-005 (Pocket License). 5  ABC Board Minutes September 23, 2021 Regular Meeting BE IT FURTHER RESOLVED that the City Clerk be and she is hereby instructed to issue said license for the licensing term 2019-2020 ---------------------------- RESOLUTION NO.021-21 RESOLUTION FOR A PERSON-TO-PERSON TRANSFER RETAIL DISTRIBUTION LICENSE NO. 1607-44-003-005 FROM: MARIA VERA T/A SABI LIQUORS TO: EL SUPER LIQUORS LLC 110 MARKET STREET PASSAIC, NJ WHEREAS, an application has been filed for a person to person transfer of Plenary Retail Distribution License 1607-44-003- 005 heretofore issued to MARIA VERA T/A SABI LIQUORS 110 MARKET ST. PASSAIC, NEW JERSEY WHEREAS, the submitted application form is complete in all respects, the transfer fees Has 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 pertinent local ordinances and conditions consistent with Title 33 NOW, THEREFORE BE IT RESOLVED that the Passaic Board of Alcoholic Beverage Control docs hereby approve, the transfer of the aforesaid Plenary Retail Distribution License 1607-44- 003-005 TO EL SUPER LIQUORS LLC 110 MARKET STREET PASSAIC, NJ; and does hereby direct the City Clerk or the City of Passaic to endorse the license certificate, effective September 23, 2021. ---------------------------- There being no further business with the consensus of the Board, the meeting was adjourned. __________________________ Amanda Rivera, Commissioner __________________________ Judith Sanchez, Commissioner ___________________________ Edwin Garcia, Chairperson Dated: September 23, 2021, 2021 6