776-25 Resolution Regarding ABC Boards Adjudication of Charges Issued to Las Palmeras, Inc..pdf

776-25 June 24, 2025 RESOLUTION REGARDING ALCOHOL BEVERAGE CONTROL BOARD’S ADJUDICATION OF CHARGES ISSUED TO LAS PALMERAS, INC. TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY WEST ORANGE ABC BOARD WHEREAS, Las Palmeras, Inc. d/b/a La Dolce Vita Bar Restaurante (“Las Palmeras” or “Licensee”), License # 0722-33-045-005 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, 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 Township Council of the Township of West Orange (the “Township”), sitting as and constituting the Township’s Alcohol Beverage Control Board (the “ABC Board”) is the appropriate body to adjudicate the Charges; and WHEREAS, Las Palmeras is represented by Robert C. Williams, Esq.; and WHEREAS, Robert C. Williams, Esq. is authorized to execute a settlement agreement on behalf of Las Palmeras, consistent with the terms set forth herein, as memorialized in the form attached hereto titled “Exhibit B”; and WHEREAS, the Township of West Orange is represented by ABC Prosecutors, Antonelli Kantor Rivera P.C. (Daniel Antonelli, Esq. and Kourtney Cooke, Esq. appearing); and WHEREAS, the Township ABC Prosecutors are authorized to execute a settlement agreement on behalf of the Township, consistent with the terms set forth herein, as memorialized in the form attached hereto titled “Exhibit B”; and WHEREAS, Las Palmeras has made renovations to the licensed premises, including but not limited to installing soundproof structure panels on its walls and ceiling; and NOW THEREFORE BE IT RESOLVED, the Township and Las Palmeras entered into a settlement agreement resolving the Charges as follows: 1. License #0722-33-045-005 shall be

els on its walls and ceiling; and NOW THEREFORE BE IT RESOLVED, the Township and Las Palmeras entered into a settlement agreement resolving the Charges as follows: 1. License #0722-33-045-005 shall be suspended for 100 days total, as follows: a. Thirty (30) days to be served; 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 2. Security: 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, 2025 will be charged as a second violation: 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. BE IT FURTHER RESOLVED, based upon the foregoing, the Township has implemented a suspension of thirty (30) days to run consecutively beginning on July 15, 2025 with the ABC license to be delivered to the Township of West Orange Municipal Clerk no later than 10:00 a.m. on July 15, 2025; and BE IT FURTHER RESOLVED, that Las Palmeras waives any right to appeal the determinations and/or adjudications herein and its right to a hearing regarding the Charges; and BE IT FURTHER RESOLVED, that a copy of this Resolution shall be provided to the Director of the Division of Alcoholic Beverage Control of the State of New Jersey and shall be maintained in the Township’s permanent Alcoholic Beverage Control records, and that the Director is, and hereby is, respectfully requested to grant his approval to the foregoing as required by statute, and to communicate that approval to the Township of West Orange, which approval shall then also be maintained in the Township’s permanent ABC records; and BE IT FURTHER RESOLVED, that the above Resolution was adopted by the West Orange ABC Board at its meeting held on June 24, 2025. Joseph Krakoviak,

intained in the Township’s permanent ABC records; and BE IT FURTHER RESOLVED, that the above Resolution was adopted by the West Orange ABC Board at its meeting held on June 24, 2025. Joseph Krakoviak, Council President Karen J. Carnevale, Municipal Clerk and ABC Board Member and Secretary to the ABC Board Adopted: June 24, 2025

3 EXHIBIT “A” Las Palmeras, Inc. t/a La Dolce Vita Bar Restaurante (formerly Las Palmeras) 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

g 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 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

4 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 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

uisance 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); 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

5 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, 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

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 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