772-25 Huguitos Restaurant and Bar, LLC -Special Conditions.pdf

E. Members of the West Orange Police Department shall periodically monitor the security system in place at the Licensed premises including all security video cameras, personnel and deployment of all of them, and the Licensee shall work with the Police Department to maintain and, as necessary or advisable, improve security in and outside the Licensed premises to address and remedy alcohol consumption related problems; F. All of the above Special Conditions shall be subject to review by the Board every ninety (90) days, and in the event there are incidents implicating the purpose of the ABC regulatory scheme to protect the health, safety and welfare of the people of the State of New Jersey, and the fostering of moderate and responsible use and consumption of alcoholic beverages, then, subject to the Licensee’s right to be heard at a public hearing, the Board may adjust the Special Conditions without the need to wait for the next license renewal; and WHEREAS, by letter dated May 9, 2025, sent by the Municipal Clerk that day to the Licensee via certified mail, registered return receipt, and to the Licensee’s counsel via e-mail advising all of the ABC Board’s intention to impose the same Special Conditions upon renewal of the License for the 2025-2026 License Term, modifying the language in Special Condition D., and offering a formal hearing in the event the Licensee had any objection to such Special Conditions and in the same fashion as done in each of the preceding years since the 2012-2013 renewal; and WHEREAS, the Licensee has by its inaction consented to the same Special Conditions upon renewal together with the proposed modification of the language in Special Condition D.; and WHEREAS, the ABC Commissioner for the State of New Jersey has advised that the Special Condition set forth in paragraph F., above, exceeds the Township’s lawful discretion; and WHEREAS, the Township has never actually imposed or modified a Special Condition at times other than expressly permitted by statute; and WHEREAS, this Licensee currently has seven (7) ABC violation charges pending hearing and resolution as follows: Violation #1: On May 4, 2018, you failed to provide a copy of the most recent full application and/or current renewal application in violation of N.J.A.C. 13:2-23.13(a)(2); Recommended Penalty: 1st Offense= 1-day suspension; Violation #2: On May 4, 2018, you failed

most recent full application and/or current renewal application in violation of N.J.A.C. 13:2-23.13(a)(2); Recommended Penalty: 1st Offense= 1-day suspension; Violation #2: On May 4, 2018, you failed to maintain a complete employee list in violation of N.J.A.C. 13:2-23.13(a)(3); Recommended Penalty: 1st Offense= 1-day suspension; Violation #3: On May 4, 2018, you failed to maintain true book or books of account available on the licensed premises but produced same within seven (7) business days of demand in violation of N.J.A.C. 13:2-23.32; Recommended Penalty: 1st Offense= 2-day suspension;