Bar owner facing new charges

By Audrey Levine Staff Writer
   MANVILLE — Six new liquor license violations against Dave Kiernan, owner of Uncle Davey’s Tavern, were approved by the Borough Council Monday, all stemming from incidents that occurred in August, during which Mr. Kiernan allegedly assaulted two patrons.
   If found guilty, the charges carry a 285-day liquor license suspension.
   The new charges are being filed while Mr. Kiernan’s establishment is currently open during the appeals process of appealing a 390-day license suspension after the Borough Council found him guilty in February of nine liquor law violations — including three for simple assault and four for hindering a police investigation — following an incident on Nov. 3, 2007.
   The new charges were recommended to the borough by Matthew Dorsi, the borough’s current municipal prosecutor, of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis and Lehrer, P.C., of Warren. Mr. Dorsi was approved by resolution to serve as the prosecutor in a Borough Council hearing scheduled for Nov. 10.
   According to the documents filed by Mr. Dorsi, two charges against Mr. Kiernan allege that he assaulted a female patron by carrying her against her will over his shoulder to an area outside of the bar where he dropped her on her face in a gravel area and put her in a chokehold.
   The two charges – one which accounts for Mr. Kiernan’s personal involvement in the assault and the second as the license-holder allowing the incident to occur – each with a potential 60-day suspensions.
   A third charge alleges that Mr. Kiernan allowed for the sale of alcoholic beverages on the premises to an “apparently intoxicated” patron, which carries a 30-day suspension.
   The fourth charge alleges Mr. Kiernan sold alcohol to an underage customer, which carries a 15-day suspension.
   The final two charges allege Mr. Kiernan committed, and allowed for, the assault of a male patron, when the patron was allegedly placed in a chokehold and sprayed in the face with mace. These charges carry 60-day suspensions each.
   New Jersey state law mandates that a liquor license can be revoked if the licensee violates any laws or regulations.
   According to Borough Attorney Francis Linnus, if Mr. Kiernan is found guilty of the charges, he will have the option to appeal this decision as well, and it will be dealt with after the appeal process for his current 390-day suspension is completed.
   ”He would still stay open until the first appeal process is complete,” Mr. Linnus said.
   At this point, however, Mr. Linnus said there is no way to know exactly how the process will work until after the Nov. 10 hearing on the new charges.
   Heather Dougherty, of West Camplain Road, who testified against Mr. Kiernan during his February hearing, said she does not believe Uncle Davey’s Tavern should remain open in light of the newest charges being filed against him.
   ”I feel this man needs to be shut down, no appeal, nothing,” she said. “We don’t need this in our town.”
   Mr. Kiernan’s attorney, Samuel “Skip” Reale of Willingboro, was not available for comment before presstime.