State grants Birch Hill
liquor license extension
Attorney representing
Route 9 club has filed
appeal of ABC’s decision
OLD BRIDGE — On the verge of losing its liquor license, the Birch Hill entertainment complex has been granted a one-month extension from the state Division of Alcoholic Beverage Control (ABC).
A recent decision by ABC Director Jerry Fischer ordered that the liquor license for Birch Hill Inc. (BHI) be revoked for a period of two years, beginning July 1.
However, on June 29 Fischer granted BHI a one-month extension to remain open and continue serving alcohol in response to an appeal filed by BHI’s attorney. According to the order, the club will remain open until July 31 so that the ABC can respond to the club’s request for a stay during the appeal process.
"At this point, nothing is guaranteed," Birch Hill owner Art Stock said, referring to the fate of the Route 9 club. "I feel like I am being treated like a prisoner. All I want to do is to prove myself and get all of the facts out."
The attorney representing BHI, Jerome Ballarotto, Hamilton Township, filed an appeal to an appellate panel.
"The appellate panel can either reverse the ABC’s decision or send it back to the agency for a new hearing," Ballarotto said, adding that it could take several months for the panel to render a decision. If the state denies further extensions, Ballarotto said he could request an additional stay from the appellate.
Stock said his goal is to bring the entire issue to trial so all of the facts can be presented.
"It has been a tough battle trying to get to trial," he said. "I would love to get all of the facts out, but they (the ABC) refuse to give us a trial."
A spokesperson for the ABC could not comment on the issues involving BHI, pending the outcome of the case.
The license is being revoked due to an alleged failure on the part of Stock, who is prohibited from owning a liquor license, to disclose his ownership interest in the property when filing to transfer his liquor license to his daughter, Tara, in 2000.
Fischer stated in his June 21 decision that the property on which the license is sited shall be ineligible to become the site of any liquor license until July 1, 2003. However, he added that he would consider an application by a new owner should Stock sell the property.
"The precedent penalty for failing to disclose a substantial interest held by a disqualified individual is revocation," Fischer said in his decision.
Stock maintains his innocence regarding the charges filed against him by the ABC. He said last month that his ex-wife, Judith Magovern, filed liquor license applications with the township in 1998 and indicated on all applications that she rented the property from Stock and that he had a beneficial interest in the property.
He said he also notified the township when his daughter became the owner of BHI in 2000 and purchased the liquor license from him.
During the past several months, Stock has been trying to sell the 38-acre complex at an asking price of $5 million. Approximately one-third of the property lies over the border in Marlboro.
Initially, Old Bridge township officials had shown an interest in purchasing the property and turning it into a municipal pool and recreation facility, but after conducting a preliminary feasibility study, Old Bridge Mayor Barbara Cannon said it would be too costly to renovate the facility.
Last month, Cannon said that the Queen Yacenda property, previously purchased by the township and renamed Mannino Memorial Park, could be considered as a location for a recreation site. The park is off Route 516 and Jake Brown Road.