Ashes appeals denial of license renewal

Ashes Cigar Club Steakhouse and Seafood Raw Bar has appealed the decision of the Red Bank Borough Council not to renew the cigar club's liquor license.

Samuel "Skip" Reale Jr., the attorney for Ashes, located at 33 Broad St. in downtown Red Bank, said last week an appeal was filed with the New Jersey Division of Alcoholic Beverage Control.

At the Aug. 25 meeting, three council members voted against the renewal of Ashes' plenary retail consumption license based on complaints about conditions outside the cigar club. Two council members voted for the renewal and one member abstained.

Rachel Goemaat, spokeswoman for the ABC, a division of the state Department of Law and Public Safety, confirmed last week that the appeal was received Aug. 28 and is under review. She said the ABC issued a stay of the license suspension on Aug. 28.

Reale, of the Willingboro law firm of Kearns, Vassallo & Kearns, said there is no time frame for how long it will take before a decision is reached.

"It could be upwards of a year by the time it works its way through the system," Reale said.

Reale is also representing Best Liquors, a Leighton Avenue liquor store, in an appeal before the ABC. Best Liquors' alcohol distribution license was revoked by the Borough Council in June 2007 on six charges, four of which included the sale of alcohol to underage persons.

A hearing was held March 5 before an administrative law judge and a decision by the ABC is pending his recommendations.

Ashes, a bar, restaurant and cigar club, is located on the corner of Broad and Mechanic streets.

Council members Michael DuPont, Arthur Murphy and Kathy Horgan voted against the renewal. Mary Grace Cangemi and Sharon Lee voted in favor of it, and new council member James Giannell abstained.

Murphy said the vast majority of establishments, including downtown restaurants, obey local regulations and have respect for the condition of the downtown area.

He said Ashes' trash is thrown into the gutters and many cigarette butts are scattered along Mechanic Street.

"They leave their glasses out on the [sidewalk cafe] tables, empty bottles of beer, cigars and ash trays still on the table from the night before," Murphy said after the vote.

He said Ashes needs to be put on notice.

"They leave their place in shambles with no respect to everyone else," he said.

Murphy added that he "respects the people who voted it down. Those who didn't, I don't think they really know the whole story of what is. Everybody else downtown seems to have respect. I just think Ashes needs to know that."

Prior to the vote, DuPont asked whether the matter should be delayed.

"I understand currently the borough is having some issues with Ashes. I'm not quite sure if those issues have been cleared up. I wonder if we should be tabling this until the other issues that maybe the borough is talking with Ashes [about] are ironed out,"

Red Bank Mayor Pasquale Menna said he was advised that the matter be voted on despite any issues with Ashes.

"I've been advised it would be preferable to move on this particular … action since the actions that may be under investigation are still under investigation," Menna said.

DuPont questioned whether the matter should still be voted on if the pending issues are affecting quality of life in Red Bank.

"I'm saying why are we approving this transfer if in fact [Ashes is] not taking any steps to rectify these problems? And that's why I brought it up," DuPont said in an interview last week.

Goemaat said last week

that Ashes had received citations in the past.

The establishment was ordered in 1998 to pay a $3,175 fine, in 2005 they were ordered pay a $400 fine, and in 2007 they were sent a warning letter, she said. Goemaat would not comment on what the warning letter or fines were in reference to.

Kenneth Pringle, Red Bank borough attorney, said there has been a case about the establishment's ventilation system and whether it complies with the borough codes.