Township Council Meeting — Packet

The Licensee agrees to continue its to date self-imposed modifications to the previously imposed Special Condition no. 4, closing its doors to new customers at 12:00 a.m., rather than 12:30 a.m., ceasing the sale of alcoholic beverages at 12:15 a.m., rather than at 1:00 a.m., and having all customers off the premises by 1:00 a.m., instead of at 1:30 a.m., all of those limitations applicable every day the Licensee is open; and The Licensee understands and acknowledges that Special Conditions 1 and 2, previously imposed and to continue for the 2017-2018 License Term, contemplate that any security company and security guard, or officer, shall be licensed and registered pursuant to the “Security Officer Registration Act” (“SORA”), N.J.Stat. §45:19A-1, et seq., the terms “security guard” and “security officer” meaning the same thing, and, if not already in full compliance with “SORA”, full compliance shall be achieved within sixty (60) days of enactment of this Resolution; and WHEREAS, twenty-two (22) new charges were brought against this Licensee and hearings held on those charges on July 10, 2018 and August 21, 2018, twelve (12) of those charges having been sustained as evidenced in ABC Board Resolution 598-18, dated August 21, 2018, as follows: • • • • • • Violation of N.J.A.C. §13:2-23.6(a) 2 - Prohibition Against Any Brawl, Act of Violence, Disturbance, or Unnecessary Noise on Premises relating to an incident occurring on or about October 9, 2017; Violation of N.J.A.C. §13:2-23.6(a) 2 - Prohibition Against Any Brawl, Act of Violence, Disturbance, or Unnecessary Noise on Premises relating to an incident occurring on or about January 13, 2018; Violation of N.J.A.C. §13:2-23.6(b) - Prohibition Against Operation of Liquor License Business in a Manner Which Fails to Avoid Acts of Violence and Disturbances so as to Constitute a Nuisance Contrary to the Public Health, Safety and Welfare, relating to numerous incidents occurring over the last three years; Violation of N.J.A.C. §13:2-23.13, Requirement to Maintain copies of current license certificate; application; list of employees on the licensed premises, resulting from an ABC inspection occurring on October 13, 2017, during which an incomplete E141a Form was produced by the Licensee; Violation of N.J.S.A. §33:1-31(h), for violation of any ordinance, resolution or regulation of the issuing authority, the

13, 2017, during which an incomplete E141a Form was produced by the Licensee; Violation of N.J.S.A. §33:1-31(h), for violation of any ordinance, resolution or regulation of the issuing authority, the Licensee at the time of the October 9, 2017, assault incident not in compliance with one of its Special Conditions of operation in that its video surveillance system was not operating properly and not properly maintained to ensure such proper operation, not recording the incident occurring on that date, a violation of the Special Condition; Violation of N.J.S.A. §33:1-25 and 1-26, for circumvention of the application and licensing process and effectively sharing profits with unlisted and unlicensed owners, specifically, with women hired to entertain customers, in and about October, 2017; 3

• • • • • • Violation of N.J.A.C. §13:2-23.13(a)(2), requiring Class C Licensees to have a photostatic or other true copy of the current license application as well as the last filed long-form application (if the current application is short form), kept on the Licensed premises in order to conduct the licensed business, at the time of an ABC investigation on October 13, 2017; Violation of N.J.A.C. §13:2-23.32(e), requiring that for an unlimited period of time licensees must keep permanent records of account truly and accurately containing a record of all moneys invested in the licensed business, etc., such documents able to be stored off the licensed premises but produced within 7 days of a request by the Director, the issuing authority or agents or representatives thereof, occurring during an ABC inspection on October 13, 2017; Violation of N.J.S.A. §33:1-31(h), Suspension or revocation of license for any violation of any ordinance, resolution or regulation of the issuing authority or governing body, on January 8, 2018, the Licensee remaining open after the closing time required by its Special Conditions; Violation of N.J.S.A. §33:1-31(h), Suspension or revocation of license for any violation of any ordinance, resolution or regulation of the issuing authority or governing body on January 13, 2018, the Licensee remaining open after the closing time required by its Special Conditions; Violation of N.J.S.A. §33:1-31(h), Suspension or revocation of license for any violation of any ordinance, resolution or regulation of the issuing authority, on or about July 9, 2017, the Licensee remaining open after the closing time required by its Special Conditions; Violation of N.J.S.A. §33:1-31(h), Suspension or revocation of license for any violation of any ordinance, resolution or regulation of the issuing authority on or about July 24, 2017, the Licensee remaining open after the closing time required by its Special Conditions; and the penalties imposed having been consolidated, including a thirty-day suspension of the License with fifteen (15) days held in abeyance; and WHEREAS, new incidents have occurred since resolution of those charges and for which written charges were prepared and prosecution of all of them, as set forth in an attachment hereto titled “Exhibit A”, anticipated in the near future; and WHEREAS, the purpose of the ABC regulatory scheme is to

arges were prepared and prosecution of all of them, as set forth in an attachment hereto titled “Exhibit A”, anticipated in the near future; and WHEREAS, the purpose of the ABC regulatory scheme is 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, and the proposed special conditions being logically related to the regulatory scheme and being reasonable efforts to promote the purposes of that scheme; NOW, THEREFORE, BE IT RESOLVED THAT THE TOWNSHIP ALCOHOLIC BEVERAGE CONTROL BOARD OF THE TOWNSHIP OF WEST ORANGE, does hereby approve the renewal of the Plenary Retail Consumption License heretofore issued to the 4

Licensee bearing License #0722-33-045-005, for the 2025-2026 Licensing term, said renewal being subject to the following Special Conditions pursuant to N.J.S.A. §33:1-32, all of which Special Conditions having been found by the Township ABC Board to be necessary and proper to accomplish the objects of Title 33 and secure compliance with its provisions, and submitted promptly for approval by the Director of the Division of Alcoholic Beverage Control in accordance with law: 1. The Licensee shall hire one private security guard, pursuant to the “Security Officer Registration Act” (“SORA”), N.J.Stat. §45:19A-1, et seq., at prevailing rates to provide for exterior security at the Licensed Premises on Friday, Saturday and Sunday nights from 9:30 p.m., to 1:30 a.m.; 2. The Licensee shall hire a licensed security company, pursuant to the “Security Officer Registration Act” (“SORA”), N.J.Stat. §45:19A-1, et seq., to provide security for the interior of the Licensed Premises on Friday, Saturday and Sunday nights from 9:30 p.m., to closing at 1:00 a.m..; 3. The Licensee shall install and maintain a video surveillance system to cover the interior of the Licensed Premises, including the bar area, the front and back entrances and exits and the front sidewalk area on Valley Road, which surveillance system shall be maintained in good working order and operating during all hours when the Licensed Premises is open for business, and recordings shall be kept and made available to the West Orange Police Department upon request for at least thirty (30) days following the date of recording, and the Licensee shall cooperate with the West Orange Police Department in the implementation and maintenance of this video surveillance system; and that 4. The Licensee, every day it is open, shall close its doors to new customers at 12:00 a.m., shall cease the sale of alcoholic beverages at 12:15 a.m., and all customers shall be off the premises by 1:00 a.m.; and 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 for the Director’s approval before implementation and for that Division’s records, and shall be maintained in the Township’s permanent Alcoholic Beverage Control records. The above Resolution was passed by the Township Council of the Township of West Orange serving as

ion’s records, and shall be maintained in the Township’s permanent Alcoholic Beverage Control records. The above Resolution was passed by the Township Council of the Township of West Orange serving as the West Orange Board of Alcoholic Beverage Control at the Board’s regular meeting held on June 24, 2025. KAREN J. CARNEVALE, RMC ABC Board Secretary JOE KRAKOVIAK ABC Board Member Adopted: June 24, 2025 Effective: June 24, 2025 5

767-25 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. 13:223.6(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 6

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 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,

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. 13:223.20; 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. 13:223.6(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 7