Township Council Meeting — Packet

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. 13:223.6(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: On

n #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: On October 4, 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 #53: On October 4, 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 #54: On November 12, 2023, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely affecting public safety or rights of the public in violation of N.J.A.C. 13:2-23.6(b); and Violation #55: On November 12, 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). NOTICE #3 Violation #1: On February 7, 2024, 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); and 8

Violation #2: On February 7, 2024, 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). NOTICE #4 Violation #1: On March 14, 2024, 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 March 14, 2024, 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 April 7, 2024, 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 April 7, 2024, 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 #5: On April 8, 2024, 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 #6: On April 28, 2024, you failed to comply with the Township of West Orange’s Ordinance No§4-17.3, in violation of N.J.S.A. 33:1-31(h). NOTICE #5 Violation #1: On June 3, 2024, 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 June 3, 2024, 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 #3: On June 16, 2024, you sold, served, delivered or allowed, permitted or suffered the sale, service or delivery of alcoholic beverages, directly or indirectly, to a person under the legal age to purchase or consume alcoholic beverages or allowed, permitted, or suffered the consumption of alcoholic beverages by any such person in or upon the licensed premises, in violation of N.J.A.C. 13:2-23.1(a); Violation #4: On June 16, 2024, 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

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. 33:131(h); and Violation #5: On June 16, 2024, 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. NOTICE #6 Violation #1: On August 23, 2024, 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); and Violation #2: On August 23, 2024, you allowed, permitted or suffered in or upon the licensed premises a nuisance requiring police intervention, or adversely effecting public safety or rights of 9

the public in violation of N.J.A.C. 13:2-23.6(b). NOTICE #7 Violation #1: On September 15, 2024, 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 September 15, 2024, 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 #3: On September 15, 2024, 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 #4: On September 15, 2024, you failed to maintain a complete employee list in violation of N.J.A.C. 13:2-23.13(a)(3); Violation #5: On September 24, 2024, 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); and Violation #6: On September 24, 2024, 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 #8 Violation #5: On November 1, 2024, 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 November 1, 2024, 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 #7: On November 1, 2024, 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); and Violation #8: On November 1, 2024, you sold, served, delivered, or suffered the sale, service, delivery or consumption of alcoholic beverages, directly or indirectly, to an actually or apparently intoxicated personin violation of N.J.A.C. 13:2-23.1(b). NOTICE #9 Violation #1: On May 24, 2025, you allowed, permitted or suffered in or upon the licensed premises a

ly, to an actually or apparently intoxicated personin violation of N.J.A.C. 13:2-23.1(b). NOTICE #9 Violation #1: On May 24, 2025, 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 May 24, 2025, 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 #3: On May 24, 2025, 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 #4: On June 2, 2025, you allowed, permitted or suffered in or upon the licensed 10

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); and Violation #5: On June 2, 2025, 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). 11

777-25 June 24, 2025 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY WEST ORANGE ABC BOARD RESOLUTION WHEREAS, the Township Council of the Township of West Orange serves as the Township of West Orange Board of Alcoholic Beverage Control; and WHEREAS, an application has been filed by Harrison Avenue Tavern, Inc., t/a Harrison Avenue Tavern, 36 Harrison Avenue, West Orange, New Jersey 07052, for renewal of its Plenary Retail Consumption License # 0722-33-058-006, for the period July 1, 2025 through June 30, 2026, the Application submitted to the Township Clerk and in compliance with New Jersey State Laws regulating the sale, consumption, and distribution of alcoholic beverages; and WHEREAS, on January 6, 2009, the Licensee represented by counsel and after a public hearing at which there was no opposition, the Township Council of the Township of West Orange sitting as the West Orange Board of Alcoholic Beverage Control, adopted Resolution #421, authorizing the Extension of Licensed Premises and Place to Place transfer for the Harrison Avenue Tavern; and WHEREAS, the area covered by the expansion of the licensed premises is in the parking lot immediately adjacent to the rear door of the main licensed establishment, is encircled by a portable fence which is covered to prevent the public from viewing the interior portion where the outside bar is located, and that area had been used since 2001 as an area for outdoor dining with a café permit; and WHEREAS, in forwarding the application for extension or expansion of the licensed premises, the Police Department noted that it was the first found in the Township to include an open area in a parking lot and that while calls for service had been minimal or non-existent, the area proposed for the expansion was contiguous to a residential area; and WHEREAS, there had been numerous calls for service and complaints to Council members from the residential neighbors due to noise coming from the outdoor bar from both music and customer voices, the number of such complaints totaling 28 in the Spring of 2011; and WHEREAS, the ABC Board has had considerable problems with noise and quality of life issues with other ABC Licensees adjoining residential neighborhoods in other areas of the Township and as the representatives of and conscience of the community has taken a more proactive approach as a result of such experiences;

es adjoining residential neighborhoods in other areas of the Township and as the representatives of and conscience of the community has taken a more proactive approach as a result of such experiences; and WHEREAS, with respect to its license renewal for the 2011-2012 License term, the Licensee was notified by certified mail, registered return receipt of the ABC Board’s intention upon renewal for that License term to reconsider its approval of the expansion of the licensed premises, or in the alternative, to consider the imposition of Special Conditions to address the concerns of the residential neighborhood, and the Licensee having had the opportunity to be heard and through the assistance of counsel, the Township and the Licensee, in order to avoid the 1

time and expense of a formal hearing came to a voluntary agreement; and WHEREAS, the Licensee, having installed additional noise reduction components on its outdoor premises in 2011-2012, and the Township having monitored the Licensed premises in order to ensure that the neighborhood residents have the peaceful and beneficial enjoyment of their properties while at the same time permitting the Licensee to reasonably conduct and profit from its business, and the number of noise complaints having lessened, but the noise issues not eliminated, the License having been renewed for each succeeding License period with the same Special Conditions; and WHEREAS, by letter dated and sent via certified mail to the Licensee on or about May 9, 2025, the Licensee was notified of the Township ABC Board’s intention to continue the same Special Condition upon renewal for the 2025-2026 License Term and offering a formal hearing in the event there was objection to same by the Licensee; and WHEREAS, the underlying reasons for the Special Conditions previously imposed on this License have not changed and the Licensee has offered no objection to their continuation, nor made any request for their relaxation, and therefore by its inaction has consented to continuation of the same Special Conditions upon renewal; NOW, THEREFORE, BE IT RESOLVED THAT THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE serving as the Township Board of Alcoholic Beverage Control, does hereby approve the renewal of the Plenary Retail Consumption License heretofore issued to the Licensee, Harrison Avenue Tavern, Inc., t/a Harrison Avenue Tavern, 36 Harrison Avenue, West Orange, New Jersey 07052, License # 0722-33-058-006, for the 20252026 licensing term, subject to the following Special Conditions pursuant to N.J.S.A. 33:1-32, to be imposed on the outdoor bar only: A. The Licensee shall have last call on Sunday at 7:30 p.m., closing at 8:00 p.m.; amplified music to cease at 8:00 p.m.; “amplified music” refers to the jukebox on the premises, the limit modifier (volume control) for which shall not at any time exceed 70 for Zone 3, the outside bar area. B. The Licensee shall have last call on Monday at 9:30 p.m., closing at 10:00 p.m.; amplified music to cease at 10:00 p.m. C. The Licensee shall have last call on Tuesday at 9:30 p.m., closing at 10:00 p.m.; amplified music to cease at 10:00 p.m. D. The