Krome’s appeal of liquor-license loss wraps up
Judge will issue a
recommendation to ABC on Sayreville club license
VERONICA YANKOWSKI The Old Bridge Arena was abuzz with activity last weekend. At left, goalie Tim Arnold, 11, tries to block a shot from Ed Weir, 12, during Saturday’s Pee Wee hockey league practice. At right, Lauren Small (l), 11, shows her brother, Patrick, 5, how to skate with help from Elizabeth Lubinski, 10, at the municipal skating arena Sunday.
SAYREVILLE –– Attorneys representing Krome and the borough are expected to submit closing arguments in writing to a state administrative law judge by Jan. 22 in the nightclub’s appeal to recover its revoked liquor license.
Representatives of Krome, formerly Club Bene, presented their final testimony in December before Judge Anthony Bruno in Mercerville in an effort to recover the license, which was revoked by the Sayreville Borough Council in December 2000.
Previously, Borough Prosecutor Robert Blanda presented witnesses to support 21 charges that the borough lodged against the nightclub, according to Blanda.
The club, located on Route 35, is operated by Tom and Joseph Beninato Jr., owners of the 50-year-old company, Kozy Lanes Inc.
Upon receipt of the closing arguments from the Beninatos’ attorney, John Vassallo Jr. of the Willingsboro-based law firm Kearnes, Vassallo, Guest and Kearnes, and from Blanda, the administrative law judge will make a recommendation to the director of the state Division of Alcoholic Beverage Control (ABC) based on the testimony and the summations, Blanda said.
The prosecutor said he believes Bruno has approximately 30 days to make his recommendation. The ABC director will then determine if the revocation of the license should be reversed.
At a borough hearing that resulted in the revocation of the liquor license, borough officials determined that Krome was in violation of several stipulations attached to the Sept. 27, 2000, renewal of the license. Altogether, 21 charges were filed against the nightclub, ranging from borough violations for failure to notify authorities of a name change to several noise violations. Sayreville police officers and residents who live on Old Spye Road, which is near Krome, presented complaints against Krome during the hearing, officials said.
According to borough documents, on several dates Krome failed to provide valet parking, to have identifiable clothing for security personnel and to have an adequate number of security personnel in relation to the number of patrons. The club also allegedly failed to remove litter from the parking lot located on the premises, which was another condition of the renewal.
The club is also charged with demonstrating an inability to control crowds as they exited or entered the premises, according to borough documents. As a result, there were several fights and noise violations, and the traffic flow on Old Spye Road was hindered, the borough alleges.
In early October 2000, just weeks after the club’s liquor license was renewed, police reported a fight that broke out around 3 a.m. on Route 35 in the area of Krome. A New Brunswick man was arrested for aggravated assault and unlawful possession of a weapon, among other charges, after he reportedly fired shots into the air. Police reports said Brian Arline, 22, shot a .22-caliber automatic handgun five or six times into the air before Sayreville Police Sgt. Robert Lasko could get through the crowd and subdue him. Police had to call upon the assistance of police in Woodbridge, South Amboy and Perth Amboy in order to control the crowd, which was estimated to be between 400 and 500 people.
Officials said the club owners were denied permission from the ABC to serve alcohol on the premises while they attempted to appeal the loss of their license. The club has since been holding alcohol-free events on the premises.
Vassallo said his clients would be willing to work out conditions for renewal if a settlement with the borough could be reached.
"I feel the municipality is not being fair to its taxpayers and should settle this," Vassallo said.
The borough prosecutor said it would be the mayor and council who decide whether to settle the dispute with Krome. In August, when borough officials learned Krome would be appealing, Borough Attorney Judy Verone recommended that the council decline a settlement proposal if it was offered.
Vassallo said Krome has attempted to comply with stipulations set forth by the Borough Council when it renewed the license in the fall of 2000. However, according to Vassallo, the nightclub was unable to comply with the valet parking stipulation because of the extent of traffic problems near the nightclub.
According to Vassallo, the traffic light near the club does not stay green long enough to allow proper traffic flow. The Beninatos were not sure how or where to operate the valet parking in an efficient manner on their premises, he said. However, since the original complaint was made that they had violated the stipulations, the Beninatos have hired a valet service and are willing to work out a traffic plan with the borough, Vassallo said.
The mandated closing time, Vassallo said, is also a problem for Krome and other local nightclubs. He said that if patrons were not made to leave all at one particular time, the traffic flow would be more staggered.
If the administrative law judge decides to recommend the reversal of the revocation, Kozy Lanes Inc. will have to apply to the borough once again for the renewal of its license, Vassallo said. The judge, Vassallo said, cannot impose any conditions on the nightclub if he recommends that the appeal be granted; however, he said he expects that the borough will once again include stipulations with the renewal if it is granted.
If the appeal is not granted, the Beninatos will then have the ability to file an appeal with an appellate division for their liquor license, Vassallo said. Appeals on decisions made by the ABC director can be taken before the Appellate Division of state Superior Court.