Court hearing held on Best Liquors license woes
Judge will make recommendation to state board
BY MELISSA KARSH Staff Writer

RED BANK- Aliquor storeowner had his day in court March 5, although a final decision on whether the store's license will be revoked may not be rendered until the summer.

The 9 a.m. hearing on the revocation of the alcohol distribution license of Best Liquors, Leighton Avenue, took place at the Office of Administrative Law in Mercerville in front of Administrative Law Judge Joseph F. Martone.

Martone heard testimony from Assistant Red Bank Borough Attorney Thomas Hall and from Best Liquors owner Pankaj "Sunny" Sharma and his attorney, Samuel Reale Jr., of the Willingboro law firm of Kearns, Vassallo & Kearns.

Reale had appealed the borough's June 28 decision to revoke the west side liquor store's license to the state Division of Alcoholic Beverage Control (ABC).

"We had the hearing. The process is continuing," said Reale Monday. "It's progressing as I would have anticipated it would. It's progressing the way it's supposed to and in an orderly fashion and the next step is the submissions from the two attorneys."

Hall also commented on the March 5 court proceedings.

"We put a few things on the record. I gave a brief opening statement, [and] submitted the transcripts of the proceeding before the municipal council. Then … we just put in the exhibits [which were] mostly the certified guilty pleas [and] some of the photos," said Hall after the hearing.

Hall had argued successfully in November that the transcripts from the municipal proceedings, at which Best Liquors was found liable on six charges, should be reviewed byMartone instead of testimony on those points being heard.

Martone heard testimony on one of the charges of sale of alcohol to underage persons involving a minor male customer, who was unavailable to testify since he is in the Navy, according to Hall.

Red Bank Police Sgt. Eliot Ramos, who was the investigating officer, and Sharma both took the stand at the March 5 hearing.

"Mr. Sharma did testify at that hearing as did Sgt. Ramos. I don't have any other comment at this point," said Reale, adding, "There hasn't been any further charges or alleged violations that have been brought against the licensee. This is March of '08 so we're … about a year and a half since the last alleged indiscretion."

Martone closed the record after hearing testimony from both sides and being presented with all the factual evidence related to the case, according to Hall.

"The licensee, Best Liquors, will put in their summation in 30 days and then I get to respond," said Hall of what happens next.

After Hall responds within another 30- day period, Martone has 45 days to make a preliminary decision on the matter, which will serve as a recommendation to the ABC commissioner.

"It's taking the ordinary course and I would expect a decision from the Administrative Law Judge [Martone] ... in about 100 days from last week and then it goes to [the ABC for] review. I think we are a couple months from a resolution ultimately," said Reale.

Hall said either side can take exception to Martone's findings and the ABC commissioner can either accept or reject the findings as well.

If one side is still not satisfied with the result, the next step would be to appeal the findings to the Appellate Division, according to Hall.

"At this point it is still a long process [that may] not get done until the summer," he said.

In a special hearing June 28, the Red Bank Borough Council found Best Liquors liable on six charges, four of which included sale of alcohol to underage persons, and revoked the liquor store's alcohol distribution license.

The other charges included possession of a quantity of cigarettes without the required New Jersey Revenue Stamp and employing a person to sell alcohol at the store "who was not a registered employee authorized to sell alcoholic beverages," according to Hall.

The west side liquor store has continued to operate because Sharma's attorney appealed the council's revocation of the liquor license to the ABC. The appeal stayed the revocation pending the ABC hearing.

Hall had filed a motion with the ABC to dissolve the stay of the revocation of Best Liquor's license on July 12 after police reported a fifth incident of selling alcohol to a person under the legal age occurred July 10 at the liquor store that has been the subject of complaints by neighboring residents.

A July 25 hearing before the ABC was canceled after the borough dropped new charges against Best Liquors.

In a July 19 letter, Hall said the borough was withdrawing a motion asking the ABC to lift the stay.

The borough also dropped a seventh charge against the store of selling alcohol to a minor after a 19-year-old who bought alcoholic beverages on the evening of July 10, recanted his sworn statement and admitted he showed the clerk false identification, according to Hall

The borough also canceled a July 26 special meeting on those charges.

Best Liquors first came onto the borough's radar when neighbors of the liquor store, which is situated in a residential neighborhood, attended a council meeting last summer to complain about people loitering outside the store.

The residents alleged that people were loitering outside the store and allegedly using and selling drugs. Residents also complained about quality of life issues like public urination and littering on the front lawns of neighbors.