Best Liquors hearing to resume in June
BY LAYLI WHYTE
Correspondent

RED BANK - Testimony will continue within the next 30 days in the hearing concerning charges against Best Liquors of Red Bank, according to Mayor Pasquale Menna.

The hearing began last week in front of the Borough Council, excluding Councilman Robert J. Bifani, who recused himself from the proceedings.

Best Liquors, located at the corner of Leighton Avenue and Catherine Street on the borough's west side, is facing four charges of selling alcohol to persons under the age of 21 years, and one charge each of being in possession of and selling cigarettes without the proper revenue stamps as well as permitting an employee to sell alcohol without being registered with the borough, as required by law.

Although the charges are technically against Best Liquors of Red Bank Inc., according to the licensee's attorney Samuel Reale Jr., the owner of the store, Pamkaj "Sonny" Sharma, has 100 percent ownership of the company.

All of the dates of the violations took place between May and November 2006. Although Borough Attorney Thomas Hall attempted to enter into evidence prior warnings received by the liquor store, Michael E. Holzapfel, who acted as special counsel to advise the council during the hearings, upheld Reale's objections to testimony related to those warnings.

Hall, in his opening statement, said that he would like to see the council revoke Best Liquor's plenary retail distribution license. Reale said in his opening statement that he objected to the forum in which the hearing was held.

"Mr. Hall stood up and said that this body [the council] decided to file charges against my client," said Reale. "Now you have to, this evening, set that aside to evaluate evidence to make a decision. in this setting you will not be able to, I suggest, divorce yourselves from a decision you already made when filing these charges. I suggest that this process be referred to the director of alcohol beverage control."

Reale also argued that since his client, Best Liquors, has never been charged before in court, and that any previous charges were brought against Sharma or his employees, it is inappropriate for a hearing to take place against the licensee, Best Liquors.

"There have been charges," he said, "and convictions, but Best Liquors was not a party to those proceedings."

Reale said that he would not dispute that there was an employee at Best Liquors who was not registered with the borough, but that he would present evidence to counter the charges of selling alcohol to minors.

"The underage sales happened within such a compressed period of time," he said, "that this store cannot be presented as 'Camp-run-Amok.' There is no fool-proof way to screen everyone, and I ask the council to keep an open mind."

Hall presented testimony by one of the minors, asking that her name not be revealed, who claimed to have purchased alcohol from Best Liquors when she was 19 years old.

She pleaded guilty to breaking a borough ordinance late last year, and paid a $500 fine in Red Bank Municipal Court.

She testified that it was Sharma who sold her the 30-pack of beer without asking her for identification, and said, when cross examined by Real, that she had previously purchased alcohol at Best Liquors before the June 2006 date of her arrest and that she had never been asked for identification.

Reale also attempted to show that the woman, now 20 years old, was trying to present herself in a mature fashion.

"You wanted to pass for 21," he said. "You carried yourself and presented yourself as if you were 21. That was your whole purpose in being there."

During his redirect examination of the young woman, Hall presented a color copy of her mug-shot, to show how she looked on the night of her arrest.

Although Reale objected, saying it was beyond the scope of his cross-examination, Menna reminded him that it was he who brought up the issue of the witness' appearance that evening.

Red Bank Patrolman Steven Adams, the officer who arrested her, also testified, and said that she possessed no fake identification that he could find, and that she cooperated fully when he pulled her over in her car after she made the purchase.

Also testifying for the borough was Red Bank Police Lt. Thomas McDonough, who is in charge of the Service Division, which is part of Alcohol Beverage Control (ABC) enforcement.

"I am responsible for background investigations for people applying for liquor licenses," he said, "and background investigations on employees."

During McDonough's testimony, Hall attempted to ask about a prior warning issued to Best Liquors concerning sale of alcohol to an underage person, and Reale unsuccessfully objected, stating that the charge was not part of the current hearing.

"This goes to penalty," said Hall, "the fact that he got a prior warning. It goes to lack of care and of knowledge of underage sales."

McDonough was allowed to answer the question about the prior warning.

"I sent him a letter of warning," he said, "and stated that further violations would result in police action. The letter was sent certified mail, and I'm sure I spoke with Mr. Sharma about the letter."

Reale objected frequently throughout presenting witness testimony by Hall, and Councilman Michael DuPont requested that the objections be kept to a minimum.

"These just seem to be legal maneuvers," he said, "and all of these objections are not allowing anyone to listen to the testimony. Some of these arguments make no sense, and some of these objections seem to be made only as obstructions."

Red Bank Police Detective Eliot Ramos was next to testify, and he testified about two arrests he made of minors whom he observed purchasing alcohol at Best Liquors on two separate occasions, one of them a 16-year-old male.

The other case involved a male who was 18 years old at the time of his arrest. Ramos testified that he found in the youth's possession a fake Pennsylvania driver's license, although the youth said he was never asked to present any identification when purchasing a 12-pack of beer.

Hall said that he has one more witness to examine and Reale said that he expects to put no more than three people on the stand at the next hearing.

Although a date for the continued hearing was not set at the time, Menna said that he expects the next hearing to take place before the end of June.