776-25 La Dolce Vita - 2025 Settlement Resolution.pdf

ANTONELLI KANTOR RIVERA PC 354 Eisenhower Parkway, Suite 1000 Livingston, New Jersey 07039 Tel.: 908-623-3676 Fax: 908-866-0336 Daniel Antonelli — (00684-1997) Kourtney L. Cooke – (15034-2021) ABC Prosecutors, Township of West Orange LAS PALMERAS, INC. T/A LA DOLCE VITA, HOLDER OF LICENSE NO.: 0722- 33-045-005, HEARING ON CHARGES OF ABC VIOTATIONS TOWNSHIP OF WEST ORANGE ALCOHOL BEVERAGE CONTROL BOARD SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made and entered into this 24th day of June 2025, by and between the Township of West Orange (the “Township”), having its offices at 66 Main Street, West Orange, New Jersey 07502 and represented by the law firm of Antonelli Kantor Rivera PC, Daniel Antonelli, Esq. and Kourtney L. Cooke, Esq. appearing, and Las Palmeras, Inc. t/a La Dolce Vita Bar Restaurante (“Licensee”) holder of Plenary Retail Consumption License No.: 0722-33-045-005, located at 364 Valley Road, West Orange, New Jersey 07052 and represented by Robert C. Williams, Robert C. Williams, Esq. appearing; and WHEREAS, the Licensee was issued nine (9) Notices of Violation (“NOVs”) for incidents which allegedly occurred on October 4, 2021, October 17, 2021, November 28, 2021, March 6, 2022, May 29, 2022, September 16, 2022, October 16, 2022, November 7, 2022, December 10, 2022, December 16, 2022, January 29, 2023, March 12, 2023, August 7, 2023, October 6, 2023, October 21, 2023, October 25, 2023, November 12, 2023, November 18, 2023, November 26, 2023, November 29, 2023, February 7, 2024, March 14, 2024, April 7, 2024, April 8, 2024,

2 April 28, 2024, June 3, 2024, June 16, 2024, August 23, 2024, September 15, 2024, September 24, 2024, November 1, 2024, May 24, 2025 and June 2, 2025, respectively; and WHEREAS, the NOVs and the respective violations charged are set forth in an attachment hereto titled “Exhibit A” (collectively, the “Charges”); and WHEREAS, the Licensee made renovations to the licensed premises, including but not limited to installing soundproof structure panels on the walls and ceiling of the establishment; and WHEREAS, on June 24, 2025, the Licensee, its owner and operator, Jose G. Zhangallimbay, having had more than sufficient opportunity to consult with the attorney of his choosing, Robert C. Williams, Esq., and having been advised that the Licensee has a right to a hearing on the Charges, determined to and did agree to waive any hearing and voluntarily accepted and consented to the following terms and conditions: 1. License #0722-33-045-005 shall be suspended for 100 days total, as follows: a) Thirty (30) days to be served, which shall begin on Tuesday, July 15, 2025 at 10:00A.M. and continue through until Thursday, August 14, 2025 at 10:00A.M.; b) Twenty (20) days held in abeyance for one (1) year, to be served in the event the Licensee is found guilty of serving an actually or apparently intoxicated person, in violation of N.J.A.C. 13:2-23.1(b); c) Monetary payment to the State, in lieu of fifty (50) day suspension. 2. Security:

3 a) All security will provide Security Officer Registration Act (“SORA”) cards within thirty (30) days; b) All security will participate in training programs, suggested by the State Police, with a focus on de-escalation. 3. Any violations of the following offenses, between July 1, 2025 and June 30, 2026, will be charged as a successive violation, consistent with N.J.A.C. 13:2-19.11(f): a) Ordinance Violation, N.J.S.A. 33:1-31(h); b) Special Condition Violation, N.J.S.A. 33:1-31(h); c) Brawl, N.J.A.C. 13:2-23.6(a)(2); d) Serving an actually or apparently intoxicated person, N.J.A.C. 13:2-23.1(b); e) Hindering an investigation, N.J.S.A. 33:1-35/N.J.A.C. 13:2-23.30; f) Sale or consumption beyond the scope of the license, N.J.S.A. 33:1-12/ N.J.A.C. 13:2-23.1(a); and g) Nuisance, N.J.A.C. 13:2-23.6(b). 4. Should this corrective action not facilitate a change in the Licensee’s violations, future violations after July 1, 2025 will be considered towards non-renewal of the license for future years. 5. The Licensee shall enter a non-vult plea to all pending Charges. 6. The Licensee shall withdraw its Appeal regarding the March 13, 2025 Hearing result, wherein the Licensee was found guilty of violating N.J.A.C. 13:2-23.6(b), and the license was suspended for thirty (30) days.

4 NOW, THEREFORE, BE IT RESOLVED in consideration of the mutual promises of the parties to this Agreement, the Licensee waives all rights to a hearing or an appeal relative to the aforementioned Charges; and IN WITNESS WHEREOF, the parties have signed this Agreement and it is effective as of the date first written on page 1 of this Agreement, and subject to the approval by the Township’s Alcohol Beverage Control Board. TOWNSHIP OF WEST ORANGE By: ABC Prosecutor LAS PALMERAS, INC. T/A LA DOLCE VITA BAR RESTAURANTE By: Robert C. Williams, Esq. Prepared by: Daniel Antonelli, Esq., ABC Prosecutor Kourtney L. Cooke, Esq., ABC Prosecutor [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

5 EXHIBIT “A” Las Palmeras, Inc. t/a La Dolce Vita Bar Restaurante Las Palmeras, Inc. t/a La Dolce Vita Bar Restaurante currently has thirty-three (33) incident dates, with a total of eighty-eight (88) violations, pending resolution. NOTICE #1 Violation #1: On November 18, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #2: On November 18, 2023, you failed to comply with the Township of West Orange’s Noise Ordinance No. §4-4, in violation of N.J.S.A. 33:1-31(h); and Violation #3: On November 18, 2023, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2- 23.6(a)(2). NOTICE #2 Violation #1: On October 25, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #2: On October 25, 2023, you failed to comply with the Township of West Orange’s Noise Ordinance No. §4-4, in violation of N.J.S.A. 33:1-31(h); Violation #3: On October 21, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #4: On October 21, 2023, you failed to comply with the Township of West Orange’s Noise Ordinance No. §4-4, in violation of N.J.S.A. 33:1-31(h); Violation #5: On October 6, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #6: On October 6, 2023, you failed to comply with the Township of West Orange’s Noise Ordinance No. §4-4, in violation of N.J.S.A. 33:1-31(h); Violation #7: On November 29, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #8: On November 29, 2023, you failed to comply with the Township of West

6 Orange’s Noise Ordinance No. §4-4, in violation of N.J.S.A. 33:1-31(h); Violation #9: On November 26, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #10: On November 26, 2023, you failed to comply with the Township of West Orange’s Noise Ordinance No. §4-4, in violation of N.J.S.A. 33:1-31(h); Violation #11: On August 7, 2023, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2-23.6(a)(2); Violation #12: On August 7, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #13: On August 7, 2023, you hindered or attempted to hinder an ABC investigation in violation of N.J.S.A. 33:1-35/N.J.A.C. 13:2-23.30; Violation #14: On August 7, 2023, you failed to comply with special condition to make available the video surveillance footage of the licensed premises to the West Orange PD upon request, in violation of the Township’s ABC Board Resolution No.: 718-23, in violation of N.J.S.A. 33:1-31(h); Violation #15: On August 7, 2023, you sold, served, delivered, or suffered the sale, service, delivery or consumption of alcoholic beverages, directly or indirectly, to an actually or apparently intoxicated person in violation of N.J.A.C. 13:2-23.1(b); Violation #16: On March 12, 2023, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2-23.6(a)(2); Violation #17: On March 12, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #18: On March 12, 2023, you hindered or attempted to hinder an ABC investigation in violation of N.J.S.A. 33:1-35/N.J.A.C. 13:2-23.30; Violation #19: On March 12, 2023, you failed to comply with special condition to make available the video surveillance footage of the licensed premises to the West Orange PD upon request, in violation of the Township’s ABC

h 12, 2023, you failed to comply with special condition to make available the video surveillance footage of the licensed premises to the West Orange PD upon request, in violation of the Township’s ABC Board Resolution No.: 718-23, in violation of N.J.S.A. 33:1-31(h); Violation #20: On January 29, 2023, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2-23.6(a)(2); Violation #21: On January 29, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #22: On January 29, 2023, your employee(s) hindered or attempted to hinder an ABC investigation in violation of N.J.S.A. 33:1-35/N.J.A.C. 13:2-23.30 in violation of N.J.A.C. 13:2- 23.20; Violation #23: On January 29, 2023, you failed to comply with special condition to make available the video surveillance footage of the licensed premises to the West Orange PD upon request, in violation of the Township’s ABC Board Resolution No.: 718-23, in violation of N.J.S.A. 33:1-31(h); Violation #24: On January 29, 2023, you sold, served, delivered, or suffered the sale, service, delivery or consumption of alcoholic beverages, directly or indirectly, to an actually or apparently intoxicated person in violation of N.J.A.C. 13:2-23.1(b);

7 Violation #25: On December 16, 2022, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2- 23.6(a)(2); Violation #26: On December 16, 2022, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #27: On December 16, 2022, you hindered or attempted to hinder an ABC investigation in violation of N.J.S.A. 33:1-35/N.J.A.C. 13:2-23.30; Violation #28: On December 16, 2022, you failed to comply with special condition to make available the video surveillance footage of the licensed premises to the West Orange PD upon request, in violation of the Township’s ABC Board Resolution No.: 718-23, in violation of N.J.S.A. 33:1-31(h); Violation #29: On December 10, 2022, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2- 23.6(a)(2); Violation #30: On December 10, 2022, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #31: On December 10, 2022, you failed to comply the special condition to hire a licensed security company to provide security for the interior of the Licensed Premises on Friday, Saturday and Sunday nights from 9:30p.m. to 1:30a.m., in violation of the Township’s Alcoholic Beverage and Control Board Resolution No.: 598-18, in violation of N.J.S.A. 33:1- 31(h); Violation #32: On November 7, 2022, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2- 23.6(a)(2); Violation #33: On November 7, 2022, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #34: On November 7, 2022, you hindered or attempted to hinder an ABC investigation in violation of N.J.S.A. 33:1-35/N.J.A.C. 13:2-23.30; Violation #35: On October 17, 2021, you allowed, permitted or suffered on or about the licensed premises, a brawl,

to hinder an ABC investigation in violation of N.J.S.A. 33:1-35/N.J.A.C. 13:2-23.30; Violation #35: On October 17, 2021, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2-23.6(a)(2); Violation #36: On October 17, 2021, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #37: On October 17, 2021, you sold, served, delivered, or suffered the sale, service, delivery or consumption of alcoholic beverages, directly or indirectly, to an actually or apparently intoxicated person in violation of N.J.A.C. 13:2-23.1(b); Violation #38: On September 16, 2022, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2- 23.6(a)(2); Violation #39: On September 16, 2022, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #40: On September 16, 2022, you hindered or attempted to hinder an ABC

8 investigation in violation of N.J.S.A. 33:1-35/N.J.A.C. 13:2-23.30; Violation #41 On September 16, 2022, you failed to maintain a complete employee list in violation of N.J.A.C. 13:2-23.13(a)(3); Violation #42: On May 29, 2022, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2-23.6(a)(2); Violation #43: On May 29, 2022, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #44: On March 6, 2022, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2-23.6(a)(2); Violation #45: On March 6, 2022, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #46: On November 28, 2021, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2- 23.6(a)(2); Violation #47: On November 28, 2021, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #48: On October 16, 2022, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2-23.6(a)(2); Violation #49: On October 16, 2022, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); Violation #50: On October 16, 2022, you sold, served, delivered, or suffered the sale, service, delivery or consumption of alcoholic beverages, directly or indirectly, to an actually or apparently intoxicated person in violation of N.J.A.C. 13:2-23.1(b); Violation #51: On October 4, 2021, you allowed, permitted or suffered on or about the licensed premises, a brawl, act or violence and/or disturbance in violation of N.J.A.C. 13:2-23.6(a)(2); Violation #52: